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Judgment Search Results Home > Cases Phrase: formation of contract indian contract act Year: 2013 Page 1 of about 158 results (0.077 seconds)

Dec 20 2013 (HC)

John Smedly Ltd. Vs. Blues Clothing Company Pvt. Ltd.

Court : Delhi

Decided on : Dec-20-2013

..... 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 .....

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May 14 2013 (HC)

M/S Weston Tubes (Pvt) Limited Vs. National Insurance Company Ltd. and ...

Court : Delhi

Decided on : May-14-2013

..... 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 .....

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Jun 06 2013 (HC)

Yousuf Andcompany, Rep. by Its Partner Vs. the Government Ofandhra Pra ...

Court : Andhra Pradesh

Decided on : Jun-06-2013

..... into through a registered deed or otherwise in respect of all demised plots in the azamabad industrial area notwithstanding anything contained in the indian contract act, 1872, the transfer of property act, 1882 or any other law for the time being in force and the terms and conditions of any lease entered into or ..... section 3 (which provides that where a lessee enters into a partnership agreement in respect of the demised plot, then notwithstanding anything in the indian partnership act, 1932, it shall also be deemed to be in violation of the conditions of the lease), the judgment of the civil court in o ..... on such terms and conditions as may be prescribed. explanation to section 4 stated that for the purposes of act 15 of 1992, notwithstanding anything in the indian partnership act, 1932, the act of a lessee in entering into a partnership agreement or other cognate agreement for carrying on any activity whatsoever on ..... paying a price equivalent to 75% of the market value as specified for the area in market value guidelines under section 47(a) of the indian stamps act, 1899. (4) upon the termination of the leases or other arrangement in respect of the plot under sub-section (1) the rights and ..... such uniform terms and conditions including reduced lease period and revised rates of premium and quit rent and adoption of standard format of lease deed, thereby ensuring maximum use of existing infrastructure facilities and proper management of valuable urban property of the government." 42. section 3 .....

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Aug 26 2013 (HC)

iti Limited Bangalore Vs. the Tahsildar, Palakkad

Court : Kerala

Decided on : Aug-26-2013

..... and the state were unaware that part vii was inapplicable and, hence, the agreement entered into under part vii is rendered void by virtue of section 20 of the indian contract act, 1872 (for brevity "contract act"). the agreement is void for reason only of both the parties having been under a mistake as to the inapplicability of part vii. an alternative contention is also ..... effect of the law of registration upon the validity of the assignment deed. at the most, such mistake would be a mistake of law and under section 21 of the indian contract act the contract would not be void on that ground".29. in the instant case also neither party was in error as regards the essential facts upon which the agreement proceeded. it ..... are binding. the opinion that the agreement is enforceable is erroneous when no provision of part vii of the l.a.act is applicable. it is further contended on behalf of the appellant/writ petitioner that section 23 of the indian contract act applies if the agreement is executed for a purpose which is forbidden by law. the agreement becomes void and unenforceable under ..... any other ground. in their lordships' opinion, this reasoning is fallacious. if a mistake of law has led to the formation of a contract, s.21 enacts that that contract is not for that reason voidable. if money is paid under that contract, it cannot be said that that money was paid under mistake of law : it was paid because it was due under .....

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Nov 27 2013 (HC)

Nirmal Lifestyle Ltd. and Another Vs. Tulip Hospitality Services Ltd. ...

Court : Mumbai

Decided on : Nov-27-2013

..... it is only tulip which breached its obligation to obtain the noc of the banks. the learned arbitrator has ruled otherwise. the law relating to frustration of contract under section 56 of the indian contract act, 1872 would required to be seen to consider whether the learned arbitrator has gone against the provisions of that law and accordingly misconducted himself. section 56 runs ..... judgment in the case of satyabrataghose vs. mugneeram bangur and co. and anr. 1954 scr 310 : air 1954 sc 44 which deals with the distinction between english and indian law of frustration of contract. the doctrine of transaction in english law is held not to have application in india because of the statutory provisions contained in section 56 of the ..... . agreement to do impossible act.- an agreement to do an act impossible in itself is void. 11. the doctrine of frustration of contract has been clearly set out in pollock and mulla's contract law 13th edition volume i at page 1124 thus: ??doctrine of frustration frustration signifies a certain set of circumstances arising after the formation of the contract, the occurrence of which ..... is due to no fault of either party and which renders performance of the contract by one or both parties physically and commercially impossible ? . taking from p. s. atiyah's ??an introduction to .....

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Jan 01 2013 (HC)

iti Limited Vs. the Tahsildar

Court : Kerala

Decided on : Jan-01-2013

..... the effect of the said finding on the agreement herein is the next important question to be considered. both sides are relying upon the relevant provisions of the contract act, 1872. section 20 of the indian contract act reads as follows: "20. agreement void where both parties are under mistake as to w.p.(c).no.16951/2012 -25- matter of fact.-- where both the ..... contract, it cannot be said that the money was paid under mistake of law. it ..... .sc 2243.in para 31 wherein it has been held thus: "a contract entered into under a mistake of law of both parties falls under section 21 of the contract act and not section 72. if a mistake of law had led to the formation of a contract, section 21 enacts that that contract is not for that reason voidable. if money is paid under that ..... position was explained thus: w.p.(c).no.16951/2012 -33- "if a mistake of law has led to the formation of a contract, section 21 enacts that that contract is not for that reason voidable. if money is paid under that contract, it cannot be said that that money was paid under mistake of law." the above decision was relied upon in dhanyalakshmi .....

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Oct 10 2013 (HC)

M/S. Parekh Holdings Vs. Mohamed Yusuf Trust and Others

Court : Mumbai

Decided on : Oct-10-2013

..... itself they may be responsible for such default. 19. it is argued that obtaining the sanction of the court was a contingency upon which the contract depended and consequently under section 35 of the indian contract act, 1872 the contract became void when at the time specified in clause 2 the sanction of this court was not obtained. it may be mentioned that the sanction ..... respondents that all the trustees have not sought to develop the disputed property in the execution of the trust as required under section 48 of the indian trust act, 1882 which enjoins the trustees not to act singly. however that provision is excepted where the instrument of trust otherwise so provides. the deed of settlement of the disputed property under the indenture ..... liability for such failure or breach. 16. the doctrine of frustration of contract has been clearly set out in pollock and mulla's contract law 13th edition volume i at page 1124 thus: ??doctrine of frustration frustration signifies a certain set of circumstances arising after the formation of the contract, the occurrence of which is due to no fault of either party and ..... which renders performance of the contract by one or both parties physically and commercially impossible ? . 17. taking from p.s. atiyah an introduction to the .....

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Jan 08 2013 (HC)

Misha Power Pvt Ltd Vs. Tangedco Ltd

Court : Chennai

Decided on : Jan-08-2013

..... 2012 is not maintainable and deserves to be dismissed. 9.3. it is a registered company under the provisions of indian companies act, 1956. subsequent to pre-bid meeting, the participants were asked to submit queries in the prescribed format on or before 31st january, 2012 as communicated by chief engineer (p&c) vide letter no: ce/p&c ..... in issuing the impugned corrigendum, this court is restrained to interfere with the same.34. also, in the matter of formulating conditions of a tender document and awarding a contract of the nature of ensuring design, engineering, manufacture, supply, installation, testing, commissioning, operation and maintenance of automatic power factor correction panels and associated materials for dynamic reactive ..... to power utilities/seb's/power distribution companies in india. necessary testimonials in this regard should be furnished, i.e., proof of manufacture, proof of purchase orders/contracts and supply confirmation by end user, commissioning reports/certificates. in case the bidder outsources capacitor for the proposed apfc panels then the bidder shall also furnish along with ..... been supplied to power utilities/sebs/power distribution companies in india. necessary testimonials in this regard should be furnished i.e. proof of manufacturer, proof of purchase orders/contracts and supply confirmation by end user, commissioning reports/ certificates. in case the bidder outsources capacitor for the proposed apfc panels then the bidder shall also furnish along with .....

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Apr 18 2013 (SC)

U.P. Avas Evam Vikas Parishad and Others Vs. Om Prakash Sharma

Court : Supreme Court of India

Decided on : Apr-18-2013

..... there is no communication by the first defendant regarding acceptance of the proposal of the highest bid of the plaintiff as required under section 3 of the contract act, 1872. this principle of law is well settled as per the decision of the queens bench in pharmaceutical society of great britain v. boots ..... learned senior counsel that the high court was not right in ignoring the terms and conditions of the public auction mentioned in the booklet/printed format particularly condition no.5 by which the auction of the property in question was subject to the approval of the housing commissioner. the high ..... whether the high court was correct in ignoring that as per the terms and conditions of the auction of the properties mentioned in the booklet/printed format, the auction was subject to the approval of the housing commissioner and, therefore, the conclusion of the high court in this regard is contrary ..... 1, the then assistant housing commissioner. further, the case of the plaintiff was that the auction officer carried with him the authority to conclude the contract, whether such entrustment of authority was by an oral order or in writing. there is no pleading in the plaint regarding the same and therefore ..... of fact while answering the substantial questions of law framed at (c) in favour of the plaintiff by placing reliance upon section 106 of the indian evidence act. therefore, the finding recorded by the high court is erroneous in law and the same is liable to be set aside. 13. further, .....

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Apr 18 2013 (SC)

U.P.Avas Evam Vikas Parishad and ors. Vs. Om Prakash Sharma

Court : Supreme Court of India

Decided on : Apr-18-2013

..... is no communication by the first defendant regarding acceptance of the proposal of the highest bid of the plaintiff as required under section 3 of the contract act, 1872. this principle of law is well settled as per the decision of the queen s bench in pharmaceutical society of great britain v. boots ..... learned senior counsel that the high court was not right in ignoring the terms and conditions of the public auction mentioned in the booklet/printed format particularly condition no.5 by which the auction of the property in question was subject to the approval of the housing commissioner. the high court ..... whether the high court was correct in ignoring that as per the terms and conditions of the auction of the properties mentioned in the booklet/printed format, the auction was subject to the approval of the housing commissioner and, therefore, the conclusion of the high court in this regard is contrary ..... 1, the then assistant housing commissioner. further, the case of the plaintiff was that the auction officer carried with him the authority to conclude the contract, whether such entrustment of authority was by an oral order or in writing. there is no pleading in the plaint regarding the same and therefore ..... of fact while answering the substantial questions of law framed at (c) in favour of the plaintiff by placing reliance upon section 106 of the indian evidence act. therefore, the finding recorded by the high court is erroneous in law and the same is liable to be set aside.13. further, .....

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