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Judgment Search Results Home > Cases Phrase: impossibility indian contract act Page 1 of about 7,421 results (0.053 seconds)

Jul 08 1987 (HC)

Smt. Purnima Rani Dutta Vs. Smt. Lakshmi Bala Dasi

Court : Kolkata

Reported in : AIR1988Cal148

..... performance and therefore was not governed by section 12 of the specific relief act but was hit by the second para of section 56 of the indian contract act. mr. roy chowdhury further submits that the impossibility of performance of the part of the contract rendering the contract void under section 56 of the indian contract act', is the question of law and that accordingly such question of law can ..... is based on the mixed question of fact and law. mr. chatterjee has further submitted that the provisions of section 56 of the indian contract act adopting the doctrine of frustration of english law because of the impossibility of performing the contract would not be applicable in the facts and circumstances of the present case and that the learned additional district judge has committed mistake ..... part of section 56 of the indian contract act because of the impossibility of performance of the contract.14. the second part of section 56 of the indian conlract act runs as follows : 'a contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.'15. it appears that .....

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Jan 29 2016 (HC)

A.P. Civil Supplies Corporation Rep. by its Vice Chairman and Managing ...

Court : Andhra Pradesh

..... referred another judgment sathyabratha ghose vs. mugneeram bomgur and co. (air 1954 sc 44) on the scope of section 56 of the indian contract act used the word impossible has not been used in the sense of physical or literal impossibility and suffice therefrom if it is impracticable and useless from the point on object and purpose which the parties had in view and ..... apex court in alopi prasad supra of 1960: 5. section 56 of the contract act inter alia provides that a contract to do an act which, after the contract is made, becomes impossible or by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful. it also provides that where one person has promised to do something ..... apart from not entitled to the increase in the rates from gulf war; apart from the contract even not frustrated from gulf war price increase as this is not an impossibility of the performance of the transport contract within the meaning of sec.56 of the contract act. it is also contended that the first defendant rightly forfeited the bank guarantee and security amount ..... for non-performance of the contract for remaining period having performed for major period pursuant to ex.a .....

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Apr 23 2014 (HC)

The Tata Iron and Steel Co. Ltd. Vs. Crane Lifts

Court : Kolkata

..... dev chand (supra) the supreme court was of the view that, the doctrine of frustration contained in section 56 of the indian contract act, 1872 did not apply to completed transfers.the doctrine of frustration of the impossibility to act in terms of contract was pressed into service by the defendant. it was contended by the defendant that, the weighing machine at the new bongaigaon railway ..... used as interchangeable expressions. the doctrine of frustration was an aspect or part of the law of discharge of contract by reasons of supervening impossibility or illegality of the act agreed to be done and hence came within the purview of section 56 of the indian contract act, 1872. in naihati jute mills ltd.(supra) the supreme court considered the doctrine of frustration laid down under ..... . applying the ratio of naihati jute mills ltd.(supra) the doctrine of frustration or impossibility envisaged under the indian contract act, 1872 was, therefore, not available to the defendant. furthermore, the parties were governed by the exact terms of the contract. it was not for the court to rewrite the contract. the contract provided that the defendant would be accountable for the shortages. the parties to the .....

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Sep 20 1901 (PC)

Suthersanam Maistri Vs. Narasimhulu Maistri and anr.

Court : Chennai

Reported in : (1901)11MLJ353

..... (lindley on partnership, 5th edition, page 572). having regard to the above authorities and clauses 7 and 8 of section 253 of the indian contract act, it is impossible to accede to the contention of the learned advocate-general that there has yet been no dissolution of the alleged partnership between the plaintiff and ..... be a member of the alleged partnership (vide section 253, clause 7 of the indian contract act), and in fact he retired from the partnership which had not been entered into for any fixed term (cl. 8 of section 253, indian contract act). it is therefore clear that the present suit viewing it as one for winding ..... and was therefore not entitled to sue for an account. it was found by both indian courts that there was no dissolution and that the plaintiff did not abandon his interest in the partnership. it is impossible to gather from the report, whether upon the facts of the case, the plea of ..... an agreement of partnership would be implied by law; and adverting to the principles of the law of estoppel embodied in section 115 of the indian evidence act which is the same as the english law, i may also add that it was the duty of the 1st defendant to speak out his ..... the 1st defendant and, that therefore the suit is not barred by article 106 of the indian limitation act. in support of this contention, he strongly .....

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Sep 20 1901 (PC)

Sudarsanam Maistri Vs. Narasimhulu Maistei and anr.

Court : Chennai

Reported in : (1902)ILR25Mad149

..... (lindley on 'partnership,' 5th edition, page 572). having regard to the above authorities and clauses 7 and 8 of section 253 of the indian contract act, it is impossible to accede to the contention of the learned advocate-general that there has yet been no dissolution of the alleged partnership between the plaintiff and ..... be a member of the alleged partnership (vide section 253, clause 7 of the indian contract act), and in fact he retired from the partnership, which had not been entered into for any fixed term (clause 8 of section 253, indian contract act). it is therefore clear that the present suit, viewing it as one for winding ..... was therefore not entitled to sue for an account. it was found by both the indian courts that there was no dissolution and that the plaintiff did not abandon his interest in the partnership. it is impossible to gather from the report, whether, upon the facts of the case, the plea ..... an agreement of partnership would be implied by law; and adverting to the principles of the law of estoppel embodied in section 115 of the indian evidence act which is the same as the english law, i may also add that it was the duty of the first defendant to speak out his ..... the first defendant and that therefore the suit is not barred by article 106 of the indian limitation act. in support of this contention, he .....

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Feb 02 1917 (PC)

Kali Das Chaudhuri and ors. Vs. Srimati Danpadi Sundari Dassee

Court : Kolkata

Reported in : 43Ind.Cas.893

..... that a dissolution of a partnership at-will may be inferred from circumstances.... having regard to the above authorities and clauses 7 and 8 of section 253 of the indian contract act, it is impossible to accede to the contention of the learned advocate-general that there has yet been no dissolution of the alleged partnership between the plaintiff and the 1st defendant, and ..... meaning of the article. in my opinion, the interpretation suggested by the defendants gives effect to the true intentions of the legislature, as is clear from the provisions of the indian contract act relating to the dissolution of partnerships [sections 239, 233(7) and (8)]. in the case before us, the plaintiff alleges that he retired from the partnership on a specified date ..... 1894, the plaintiff ceased to be a member of the alleged partnership (vide section 253, clause 7, of the indian contract act) and in fact, he retired from the partnership which had not been entered into for any fixed term (clause 8 of section 253, indian contract act). it is, therefore, clear that the present suit, viewing it as one for winding up the affairs of ..... due to him. 13. if i had any doubt about this, that doubt would be removed by referring to the provisions of the indian contract act and seeing what the definition of the term partnership' is in section 269 of that act, which provides: 'partnership is the relation which subsists between persons who have agreed to combine their property, labour or skill in some .....

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Jan 16 1970 (HC)

Daruvala Bros. (P) Ltd. Vs. Commissioner of Income-tax (Central), Bomb ...

Court : Mumbai

Reported in : [1971]80ITR213(Bom)

..... having regard to the law relating to legal relationship between an agent and principal as contained in the section 182 to 238 of the indian contract act, it would be impossible if the assessee was an agent of the importers to sell for itself and on its own behalf and at its own risk as to ..... of the agreement requires to be examined in the light of the provisions in the above sections 182 to 238 of the indian contract act. contrary to the submission made on behalf of the revenue, the clause 26 of the agreement specifically provides for preventing the assessee-firm from making ..... do any act for another, or to represent another in dealings with third persons. the person for whom such act is done, and who is so represented is called the 'principal'. ..... stated that the matter of the legal relationship which arises upon a contract of agency made between a principal and an agent has not remained ambiguous and has been crystallized in india by the provisions in sections 182 to 238 of the indian contract act. section 182 provides that an agent is a person employed to ..... importers.' 12. clauses 26 and 27 provides : '26. the distributors shall not enter into any contract in the name of or purporting to be on behalf of the importers nor shall the distributors by any act pledge the credit of the importers without permission in writing from the importers.' '27. if and as .....

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Sep 27 1927 (PC)

Hari Laxman Joshi Vs. the Secretary of State for India

Court : Mumbai

Reported in : AIR1928Bom61; (1928)30BOMLR49; 108Ind.Cas.19

..... defendants does not fall within the exemption allowed under section 108, clause (e), of the transfer of property act. i do not think that the contract to pay rent or to make the repairs to the saltpan had become impossible within the meaning of section 56 of the indian contract act.3. it is urged, however, on behalf of the defendants that the purpose of the ..... of the subsequent impossibility of manufacturing salt on account of the strike of the workmen, and reliance is placed on the cases of goculdas ..... contract was the manufacture of the salt and that purpose having failed, no liability under the contract to pay rent or to make repairs could be enforced. in ..... of local workmen which rendered it impossible to manufacture salt. it is urged on behalf of the defendants that the purpose of the contract was the manufacture of salt, and the purpose having failed, no liability under the contract to pay rent or to make repairs arose, and that under section 56 of the indian contract act the contract became impossible and therefore became void on account .....

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Mar 28 2007 (HC)

Modi Rubber Ltd. Vs. Guardian International Corp.

Court : Delhi

Reported in : 2007(2)ARBLR133(Delhi); 141(2007)DLT822

..... section 56 of the indian contract act which relates to performance of a contract. undoubtedly, frustration of contract is a class of circumstances under which performance of a contract is excused or dispensed with. section 56 of the indian contract act reads thus:56. an agreement to do an act impossible in itself is void. a contract to do an act which after the contract is made, becomes impossible, or, by ..... performance, after it is made, on account of circumstances beyond the control of the parties. the doctrine is a special case of impossibility and as such comes under section 56 of the indian contract act.`101. in alopi prasad and sons ltd. v. uoi : [1960]2scr793 , the apex court had further clarified that the courts have no power to absolve ..... reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful. where one person has promised to ..... or part of the law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done and hence comes within the purview of section 56 of the indian contract act. it would be incorrect to say that section 56 of the contract act applies only to cases of physical impossibility and that where this section is not applicable, .....

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May 06 1998 (HC)

Eacom's Controls (India) Limited Vs. Bailey Controls Company and Ors.

Court : Delhi

Reported in : AIR1998Delhi365; 74(1998)DLT213; ILR1998Delhi392

..... really do not concern us so long as we have a statutory provision in the indian contract act. in deciding cases in india, the only doctrine that we have to go by is that of supervening impossibility or illegality as laid down in section 56 of the contract act, taking the word 'impossible' in its practical and not literal sense. it must be borne in mind, however ..... of english law on the subject of frustration is not correct. section 56 of the indian contract act lays down a rule of positive law and does not leave the matter to be determined according to the intention of the parties. the impossibility contemplated by s. 56 of the contract act is not confined to something which is not humanly possible. if the performance of a ..... frustration is really an aspect or part of the law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done and hence comes within the purview of s. 56 of the indian contract act. the view that s. 56 applies only to cases of physical impossibility and that where this section is not applicable recourse can be had to ..... of the indian contract act which relates to performance of contracts and it purports to deal with one class of circumstances under which performance of a contract is excused or dispensed with on the ground of the contract being void. the section stands as follows : 'an agreement to do an act impossible in itself is void. a contract to do an act which after the contract is made, becomes impossible, or, .....

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