Court : Mumbai
Reported in : AIR1992Bom309; 1991(4)BomCR631; (1991)93BOMLR183
..... and only a particular stipulation is vitiated. it all depends upon facts of each case. the plaintiff is entitled to rely on sections 14 and 15 of indian contract act, 1872 as well as the general principles of law of economic duress now being recognised in english, american and australian legal system. whenever the duress results in a varied ..... that the principles of law enunciated in english, american and australian judgments have no relevance in indian legal system. the indian contract act, 1872 is not exhaustive. the, above-referred principles are also relevant for interpretation and elucidation of law of coercion contained in section 15 of indian contract act, 1872. these principles was broadly approved by our supreme court in a different context in the case ..... the plaintiff then and there before accepting the supply, the defendant no. i did not say a word. on this aspect, theexplanation to section 17 of the indian contract act, 1872 is of considerable significance. the said explanation reads as under:--'explanation silence as to facts likely to affect the willingness of a person to enter into a ..... and cannot be ignored in a case pertaining to bank guarantee as bank guarantee is also a contract governed by the same provisions. section 15 of the indian contract act, 1872 defines 'coercion' as under:-- ' 'coercion' is the committing, or threatening to commit, any act forbidden by the indian penal code, or the unlawful detaining, or threatening to detain, any property, to the prejudice .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(3)ALLMR63; IV(2008)BC73; 2008(5)BomCR909; 2008(2)CTLJ180(Bom)
..... in theory but, in practice, it caused serious hardship and might even be abused. 2. it is felt that section 28 of the indian contract act, 1872 should be amended as it harms the interests of the consumer dealing with big corporations and causes serious hardship to those who are economically disadvantaged. ..... of the liabilities under the said guarantees.38. this stand, however, is refuted by the plaintiffs relying on the amended section 28 of the indian contract act, 1872. according to the plaintiffs, by virtue of the said amendment, it is no longer open to the defendant bank to contend to the contrary.39 ..... bank was relieved and discharged of its obligation on and from 30th april 1997, was untenable in view of the amended section 28 of the indian contract act, 1872, which came into force on 8th january 1997, on which date, admittedly, the bank guarantee was valid. it is stated that in view ..... and discharged from all their liabilities. according to the defendant no. 2 bank, the plaintiffs were ill-advised to rely on section 28 of the indian contract act, 1872 which amendment had no impact on the contractual obligation qua the defendant no. 2 bank. on the basis of the pleadings of the plaintiffs and ..... dated 27th/28th august 1997, the plaintiffs informed the defendant no. 2 that in the light of the amendment to section 28 of the indian contract act, 1872, which came into force with effect from 8th january 1997, the bank was not absolved of its obligation to make payment under the bank .....Tag this Judgment!
Court : Delhi
Reported in : 2008(3)ARBLR57(Delhi); 2008(105)DRJ194
..... in such a case the party complaining of the breach would be entitled to reasonable compensation not exceeding the penalty stipulated. while considering the provisions of section 74 of the indian contract act, 1872, the supreme court, in fateh chand (supra) observed that although proof of 'actual loss or damage' was dispensed with, there must, however, be legal injury before compensation can ..... stipulation providing payment for liquidated damages and a stipulation which was in the nature of penalty, were sought to be eliminated by the introduction of section 74 of the indian contract act, 1872. it was also noted that at common law, genuine pre-estimate of damages by mutual agreement was regarded as a stipulation naming liquidated damages and was binding between the ..... court in the case of ongc (supra). thirdly, the said decision of the supreme court, in my view, merely reiterated the principles governing sections 73 and 74 of the indian contract act, 1872 which had already been settled in fateh chand (supra) and maula bux (supra). for these reasons, the first ground of challenge raised by mr. khorana is rejected.7. ..... that the arbitrator cannot be precluded from considering recent decisions. she also submitted that the ground raised by the petitioner on the basis of provisions of section 55 of the indian contract act, 1872, had been adequately dealt with by the learned arbitrator in the said award. with regard to the third and main ground raised by mr. khorana, she submitted that the .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1972Bom132; (1971)73BOMLR840; ILR1972Bom511; 1972MhLJ110
..... consent of either party to the marriage was obtained by coercion or fraud, as defined in the indian contract act, 1872. now, fraud is defined in section 17 of the indian contract act, 1872, which runs thus :- ' 'fraud' means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his ..... . paranjape argued that the word 'fraud' used in section 12(1)(c) of the hindu marriage act, 1955, must also be understood in the sense in which it is defined in section 17 of the indian contract act, 1872. the question, therefore, is whether the provisions of section 17 of the indian contract act, 1872, apply to fraud as understood in section 12(1)(c) of the hindu marriage ..... , does not depart from this position, under the hindu law. i am, therefore, of the opinion that section 17 of the indian contract act, 1872, does not apply to a case of fraud under section 12(1)(c) of the hindu marriage act, 1955.12.the question still remains what then is the meaning of the word 'fraud'. d. tolstoy of the law and practice ..... , which applies to any person who is a hindu as defined under section 2 of that act.15.i am, therefore, of the opinion that the indian contract act, 1872, does not apply to a marriage under the hindu marriage act, 1955. section 12(1)(c) of the hindu marriage act does not speak of fraud in any general way or of every misrepresentation or concealment which .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; 2SCR278; 1986(2)SLJ320(SC)
..... a declaration that clause (1) of rule 9 of the 'service, discipline & appeal rules - 1979' of the central inland water transport corporation limited is void under section 23 of the indian contract act, 1872, as being opposed to public policy and is also ultra vires article 14 of the constitution to the extent that it confers upon the corporation the right to terminate the ..... was supported by mutuality inasmuch as it conferred an equal right upon both parties to terminate the contract of employment, that the grounds which render an agreement void and unenforceable are set out in the indian contract act, 1872 (act no. ix of 1872), that unconsionability was not mentioned in the indian contract act as one of the grounds which invalidates an agreement, that the power conferred by rule 9 ..... , to be adjudged void. while the law of contracts in england is mostly judge-made, the law of contracts in india is enacted in a statute, namely, the indian contract act, 1872. in order that such a contract should be void, it must fall under one of the relevant sections of the indian contract act. the only relevant provision in the indian contract act which can apply is section 23 when it states .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2006SC3426; 2006(2)ARBLR34(SC); 2006(2)AWC1869(SC); 2006(5)BomCR322; (2006)5CompLJ224(SC); 2006(1)CTLJ100(SC); (2006)4MLJ1695; 2006(3)SCALE324; (2006)4SCC227
..... appeal filed by the respondent was allowed and the learned division bench found clause 31(b) to be void under section 27 of the indian contract act, 1872. mr. desai then argued the scope and effect of section 27 of the indian contract act, 1872. according to him, section 27 deals with restraint of trade and not with promotion or regulation of trade. the language of the section ..... division bench has itself made it clear that it is recording only a prima facie finding that clause 31(b) of the agreement is void under section 27 of the indian contract act, 1872. it is pertinent to notice that ever since the rejection of the said interlocutory application on 19.12.2003, there has been no injunction in operation and this court while ..... . ashok h. desai, learned senior counsel, appearing for the appellant submitted that the high court has failed to appreciate the true legal meaning and effect of section 27 of the indian contract act, 1872. he submitted that an agreement of 'first option' or the 'right of first refusal' of the kind contained in the promotion agreement dated 01.11.2000 entered between the appellant ..... (b) of the permission agreement entered into between the appellant - percept d. markr (india) pvt. ltd. and the respondent no. 1 - zaheer khan is void under section 27 of the indian contract act, 1872 has been in restraint of trade. it was submitted by learned senior counsel for the appellant - mr. ashok h. desai that the provision such as the right of first refusal .....Tag this Judgment!
Court : Chennai
..... juncture, it would be more useful to look into section 56 of the indian contract act, 1872 and the same reads as follows: agreement to do impossible act.-an agreement to do an act impossible in itself is void. contract to do act afterwards becoming impossible or unlawful.-a contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor ..... himself has created self-induced frustration and the same cannot be construed as a frustration under section 56 of the indian contract act, 1872. 32. as stated in many places, the only reason given on the side of the plaintiff for not performing the contract as mentioned in ex.a1 is that the defendant has failed to discharge mortgage debt. neither in ex.a1 nor ..... the indian contract act, 1872 and ultimately observed that doctrine of frustration of contract 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 section 56 of the indian contract act. further the honourable apex court has held that provision of section 56 of the indian contract act, 1872 cannot .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2008KAR2245; 2009(2)KarLJ291; 200(3)KCCR1692; 2008(5)AIRKarR120; AIR2008NOC2774
..... legal terms such as valid, invalid, void and voidable.20. section 2 of the indian contract act, 1872, states that in what sense the aforesaid expressions are used in the act. section 2(h) states that an agreement enforceable by law is a contract. section 2(i) states that an agreement which is enforceable by law at the ..... property, it has to be done by canceling the sale deed on any of the grounds which are available to him under the provisions of the indian contract act. unilaterally he cannot execute what is styled as a deed of cancellation, because on the date of execution and registration of the deed of cancellation, ..... give back the property, it has to be by another deed of conveyance. if the deed is vitiated by fraud or other grounds mentioned in the contract act, there is no possibility of parties agreeing by mutual consent to cancel the deed. it is only the court which can cancel the deed duly executed, ..... sale deed executed by the society is held to be contrary to bye-law 36 it does not fall within the mischief of section 23 of the contract act as contended and is not void.12. in order to appreciate the rival contentions, the three resolutions of the society passed on 09.12.1973, ..... court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.(2) if the instrument has been registered under the indian registration act, 1908 (16 of 1908), the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : 55SCL92(Punj& Har)
..... due to the bank against any account. as mentioned above, the applicant-bank has relied upon the terms of the agreement as well as section 171 of the indian contract act, 1872. section 171 of the indian contract act, 1872, is in two parts. the first part is in the absence of agreement to the contrary. the banker have a right to retain the security for a general ..... cash credit account, in view of the terms of the agreement as well as in terms of the general lien of the bank as provided under section 171 of the indian contract act, 1872.16. before adverting to the merits of the respective contentions of the parties, it will be beneficial to reproduce few terms of the agreement and that of statutory provisions.17 ..... those securities which come into his possession in the course of his dealings as a banker with his customers, unless there is a contract, express or implied, inconsistent with the lien. the second part of section 171 of the indian contract act, 1872, states that other than bankers, factors, wharfingers, attorneys of a high court and policy brokers, none else have a right to ..... liabilities aforesaid notwithstanding the existence of a credit balance on the account or accounts at any time or any partial payments or fluctuations of accounts.' 18. section 171 of the indian contract act reads as under :--'171. general lien of bankers, factors, wharfingers, attorneys and policy-brokers.--bankers, factors, wharfingers, attorneys of a high court and policy-brokers may, in the absence .....Tag this Judgment!
Court : Delhi
Reported in : 150(2008)DLT302; 2008(102)DRJ69; (2008)151PLR16
..... acceptance of the offer/ proposal was made by the plaintiff. some assistance can be taken of the provisions of section 7(2) of the indian contract act, 1872 which, inter alia, stipulates:if the proposal prescribes a manner in which it is to be accepted, and the acceptance is not made in ..... the purchase orders placed by the defendant were in the nature of proposals as understood under section 7(2) of the indian contract act, 1872. for a proposal to result in a contract, it requires the acceptance on the part of the person to whom the proposal is made, in this case, the ..... the manner stipulated in the purchase orders themselves. this is a presumption which the court can draw in terms of section 114 of the indian evidence act, 1872. this being the position, the inescapable conclusion is that the proposal and the acceptance were both done at delhi. this is so because ..... . since the plaintiff has instituted this suit on account of alleged non-performance of the contracts, evidenced by the purchase orders, the only place where the cause of action has arisen is village dagori, bilaspur, chhattisgarh. consequently, he submitted, ..... at bilaspur to the representatives of the plaintiff, who had come to bilaspur. the said payments were made by cheques. he submitted that the contract was clearly to be performed at bilaspur and, thereforee, when the plaintiff alleges non-performance, the place of non- performance would also be bilaspur .....Tag this Judgment!