Court : Chennai
Reported in : (1973)2MLJ361
..... kinds of contracts. though the said enactment does not purport to deal exhaustively with any ..... these bye-laws are not contracts entered into under the indian contract act 1872, and therefore the provisions of section 74 of that act cannot be applied in the present case. there is no such thing as a contract entered into under the indian contract act, 1872, and a contract not so entered into. the indian contract act 1872, lays down certain general principles regarding formation of contracts, performance of the contracts, the consequence of breach ..... of contracts etc., as applicable to all .....Tag this Judgment!
Court : Kolkata
..... point of limitation only. mr.ghosh will be at liberty to argue the exclusion of time allegedly available to him to prepare bills in proper format, in pursuing the writ petition in this court, the effect of admission, acknowledgement, etc.made by the union, if any, and so on ..... right when he submited that on the face of the award, the claim of the petitioner seemed to be hopelessly barred by limitation. the contracts were between 1987 and 1991. the claim in arbitration was made about 17 years after the firs.date of delivery. the period of limitation ..... 1991. in june, 2004, the respondent issued a notice under section 21 of the arbitration and conciliation act, 1996 stating that disputes and differences had arisen between the parties out of the contract/contracts and that the matter should be referred to arbitration. on 28th february, 2007 an officer of the ..... act [art.14].mr.ghosh for the respondent tries to save the award by making the following arguments: the railways had a procedure for receiving bills from contractors.each bill had to be in a format enclosing receipted challan, purchase order, etc.he referred to the system of payment mentioned in paragraph 2300 of the indian standard conditions of contract ..... ghosh relied in paragraph 5 of the judgment was not regarding limitation and cannot apply to limitation in view of section 3 of the limitation act. in fact, the court in banars.das versus kanshi ram & ors.reported in air1963sc1165cited by mr.ghosh opined that the point of limitation .....Tag this Judgment!
Court : Delhi
..... subject matter of the competition act. as discussed earlier, the competition act is directed to prohibit certain anti-competitive agreements, abuse of dominant position and formation of combinations which cause or are likely to cause appreciable adverse effect on competition. plainly, agreements which may otherwise be lawful and enforceable under the general law - such as the indian contract act, 1872 - may still ..... be anti-competitive and fall foul of section 3 of the competition act. similarly, a practice or conduct ..... certain misuse of patent rights. the parliament also introduced sub clause (d) to clause (iii) of subsection (1) of section 140 of the patents act to declare clauses in licences and contracts the effect of which may be "to provide exclusive grant back, prevention to challenges to validity of patent and coercive package licensing", as void. these ..... which may be considered as an abuse under section 4 of the competition act may otherwise but for the said provision be legitimate under the general .....Tag this Judgment!
Court : Delhi
..... instantaneous once the communication link had been established. the supreme court, by virtue of its majority decision, went on to hold as under: 14. obviously the draftsman of the indian contract act did not envisage use of the telephone as a means of personal conversation between parties separated in space, and could not have intended to make any rule in that behalf ..... observed that the draftsman of the indian contract act could not have envisaged use of the telephone as a means of personal conversation between parties separated in space and could not have intended to make any rule in that ..... the parties being in a sense in the presence of each other, and negotiations are concluded by instantaneous communication of speech, communication of acceptance is a necessary part of the formation of contract, and the exception to the rule imposed on grounds of commercial expediency is in-applicable. (underlining added) 22. it is interesting to note that the supreme court had ..... telephone to the plaintiffs. in doing so, the supreme court considered the relevant provisions of the indian contract act, 1872 as also the common law of england. the supreme court also undertook to compare contracts concluded over the post and telegraph on the one hand and contracts concluded over the telephone on the other. the supreme court noted that acceptance and intimation of .....Tag this Judgment!
Court : Chennai
..... under the circumstances, there was reciprocal promises. under those circumstances, ex.a1 came into being. it will fall under section 2(d) of the indian contract act. 42 in loganathan (a.i.r.1969 madras15 it was held that abstinence from launching a criminal prosecution for commission of an offence cannot be a ..... circumstances to the plaintiff to repudiate the transaction altogether and claim a relief outside it in the form of restitution under section 65 of the indian contract act. although no such alternative claim was made in the plaint, the privy council allowed it to be advanced and gave a decree on the ..... would further reply that the evidence shows that defendant desired the execution of ex.a1. it will fall under section 2(d) of the indian contract act. 22 the learned counsel for the appellant would also reply that as per the admitted case of the defendant on account of missing of gold ..... promisor. ex.a1 was executed at the instance of one of the mediators.thus, it is not consideration as per section 2(d) of the indian contract act. 17 another argument of the learned counsel for the respondent is that as a consideration for plaintiff to abstain from preferring a police complaint against ..... executed. the admitted case of the defendant is that it has been executed in lieu of missing of a gold chain weighing four sovereigns. 36 formation of a contract consists of offer and acceptance . it will result in an agreement. but, to be enforceable, it must be for a valid consideration. then .....Tag this Judgment!
Court : Delhi
..... that the draftsman of the indian contract act could not have envisaged use of the telephone as a means of personal conversation between parties separated in space and could not have intended to make any rule in that ..... once the communication link had been established. the supreme court, by virtue of its majority decision, went on to hold as under:?14. obviously the draftsman of the indian contract act did not envisage use of the telephone as a means of personal conversation between parties separated in space, and could not have intended to make any rule in that behalf ..... parties being in a sense in the presence of each other, and negotiations are concluded by instantaneous communication of speech, communication of acceptance is a necessary part of the formation of contract, and the exception to the rule imposed on grounds of commercial expediency is inapplicable.? (underlining added) 22. it is interesting to note that the supreme court had observed ..... telephone to the plaintiffs.? in doing so, the supreme court considered the relevant provisions of the indian contract act, 1872 as also the common law of england. the supreme court also undertook to compare contracts concluded over the post and telegraph on the one hand and contracts concluded over the telephone on the other. the supreme court noted that acceptance and intimation of .....Tag this Judgment!
Court : Supreme Court of India
..... clause that the court has to concern itself with. the court in this case, according to dr. singhvi, is not required to determine whether there is a concluded contract, under the indian contract act, 1872. the court has to see whether there is a valid arbitration agreement. dr. singhvi emphasised that it is for the arbitrator to decide the question with regard ..... is claimed to be void or voidable or unconcluded by one of the parties.81. the scope and ambit of provision contained in section 16 of the indian contract act has been clearly explained in reva electric car (supra), wherein it was inter alia observed as follows: 54. under section 16(1), the legislature makes it clear that while ..... senior counsel, has to establish the existence of arbitration agreement. dr. singhvi, in this context, relied upon section 7 of the indian arbitration act, 1996 which has three constituents ..... to the formation of the underlying contract (ipla). further, learned senior counsel submitted that the status of ipla will not nullify the arbitration clause.48. the respondent, according to the learned .....Tag this Judgment!
Court : Delhi
..... validity and all aspects of the contract shall be governed by english law and any disputes shall be resolved exclusively in the english courts . ..... the second contention is that under the indian contract act, 1872, in case of breach of settlement, the uk company ..... the main contention of the indian company, respondent herein, is three-fold. it first contends that as per the terms and conditions of the contract, the uk company can have recourse only under the english law in case of disputes and the indian courts have no jurisdiction. the following clause in the contract is relied upon: 20.8. the formation, existence, construction, performance, ..... can only file a suit for specific performance and cannot have recourse to winding-up proceedings. it is finally contended that the demand notice required to be served under section 434(1)(a) of the act was not served.6. none of .....Tag this Judgment!
Court : Delhi
..... of law, it would be seen that basic principles of law of contract, as enunciated in sections 3, 4 and 7 of the indian contract act, are applicable to the insurance contracts as well in the sense that for the formation of a contract, there has to be a proposal followed by an acceptance, and communication ..... thereof to the proposer.27. in the instant case, the tender of a cheque of premium itself would not create an insurance contract ..... five hundred and two only) and pendente lite and future interest @ 24% p.a.2. the plaintiff is a company incorporated under the indian companies act, 1956 and is engaged in the manufacture and sale of pvc flexible pipes and compounds. the defendant no.1 is an insurance company having its ..... no. v; that would further show that there was no acceptance by the defendant much less the communication thereof to the plaintiff. the insurance contract does not come into existence with the tender of cheque alone. there has to be necessarily acceptance and communication thereof to the plaintiff by ..... makes the payment only after the amount is accepted by the insured in full and final payment.11. it is additionally contended that a contract of insurance is complete only after the proposal is accepted and that mere delivery of a letter enclosing the cheque for enhancement of the .....Tag this Judgment!
Court : Chhattisgarh
..... . clause 29.2 of the nit states, 'the notification of award will constitute the formation of contract, subject only to the furnishing of a performance security/ security deposit in accordance with clause 30.' 13. section 7 of the indian contract act, 1872 (the act) is titled `acceptance must be absolute'. it provides that the acceptance must be absolute and unqualified.14. in the ..... forfeited by the secl. conclusions 20 our conclusions are as follows: (a) the petitioner had neither deposited the performance security nor security deposit. thus, there was no completed contract between the parties. the general terms and conditions were not applicable; (b) in view of the last paragraph of clause 30.2 of the notice inviting tenders, only bid ..... . hence, the present writ petition. points for determination 7 we have heard counsel for the parties. the following points arise for determination: (i) whether there was any completed contract between the parties; (ii) in case the answer to the aforesaid question is in the negative, then whether the petitioner is liable to pay any amount of damages. 1st ..... present case, the acceptance was subject to furnishing performance security/ security deposit. it was not absolute. the contract could be formed, if the successful bidder had provided performance .....Tag this Judgment!