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Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 1 Court: jammu kashmir Page 1 of about 1,056 results (0.038 seconds)

Apr 16 1985 (HC)

Mst. Phungan Vs. Chhajju Ram

Court : Jammu and Kashmir

Reported in : AIR1986J& K78

..... dismissed the suit. before the chief court on appeal, it was contended for the plaintiffs that they were at least entitled to relief under section 65 of the indian contract act. the chief court, however, left the plaintiffs to seek their remedy by a separate suit, since the matter was not pleaded. on ..... where, however, further investigation of facts is not necessary, the court would be justified in giving the plaintiff relief under the provisions of section 65 of the indian contract act even without a formal amendment of the plaint :' in another authority reported as air 1943 pc 29 mohan manucha v. manzoor ahmad khan ..... his judgment in the above case relied upon by the defendant. he observed : 'i have, therefore, come to the conclusion that the mere fact that a claim under section 65 of the indian contract act on the basis that the contract had been discovered to be void, was not made by the plaintiff in his ..... appeal, to the privy council, it was held that the plaintiffs should not have been refused restitution under section 65, even though that had not ..... air 1961 raj 6, wherein the following principle was laid down :'the learned counsel for the appellant urges that the relief under section 65 of the contract act should not be granted where there is nothing to show in the pleading that any such relief claimed. it is suggested that in .....

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Jul 08 2003 (HC)

Pran Nath Gupta Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : AIR2004J& K135,2006(2)CTLJ97(J& K)

..... concerned, there is no qualitative difference in the nature of the claim whether it be for liquidated damages or for unliquidated damages. section 74 of the indian contract act eliminates the somewhat elaborate refinements made under the english common law in distinguishing between stipulations providing for payment of liquidated damages and stipulations ..... he can maintain the writ petition. i fail to accept this contention of the learned counsel too for the simple reason that a contractual stipulation is a mutual agreement between the parties. it can only be challenged in terms of section 23 of the contract act, if it is against the public policy ..... constitution of india, read with section 103 of jammu and kashmir constitution.5. i have heard learned counsel for the parties.6. execution of the contract and the application of iafw-2249 i.e. the general conditions of contracts, to the contracts in question is not disputed. conditions of the contract i.e. condition nos. 67 ..... non-arbitrariness at the hands of the state in any of its actions'. in food corporation of india v. kamdhenu cattle feed industries, (1993) 1 scc 71 at p. 76 : 1993 air scw 1509 at p. 1513, in para 8, this court held that' the mere reasonable or ..... public authority invested with statutory power.air 1995 sc 1811 (para 28)28. in kumari shrilekha vidyarthi v. state of u.p., (1991) 1 scc 212 : air 1991 sc 537, this court in paragraph 22 pointed out that the private parties are concerned only with their personal interest .....

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Feb 14 2005 (HC)

Oriental Insurance Co. Ltd. Vs. Mst. Misra and ors.

Court : Jammu and Kashmir

Reported in : 2005(3)JKJ50

..... no liability to the insured unless and until the premium payable is received by insurer. the court referred to the various provisions of the contract act and held:-15. sections 51,52 and 54 of the indian contract act can profitably be referred to for the purpose of deciding the point. they are subsumed under the sub-title 'performance of reciprocal promises' ..... in the said act. section 1 deals with a contract concerning reciprocal promises to be simultaneously performed and ink such a contract the promise is absolved from performing his promise unless the promisor ..... the insured cannot claim performance from the insurer in such a situation.19. under section 25 of the contract act an agreement made without consideration is void. section 65 of the contract act says that when a contract becomes void any person who has received any advantage under such contract is bound to restore it to the person from whom he received it. so, ..... is ready or willing to perform his part of the promise. section 52 says that where the order in which reciprocal promises are .....

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Jul 21 1997 (HC)

Union of India (Uoi) Vs. Beant Singh and Sons

Court : Jammu and Kashmir

Reported in : AIR1998J& K24

..... or his conduct has not remained reasonable in the matter. this principle gets support from section 20 sub-clause 2 of clause (b) of indian specific relief act, 1963 also. clause (b) reads as under :--'where the performance of the contract would involve more hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the ..... .'on 30th july, 1996, the trial court passed an order regarding the appointment of impartial arbitrator. relevant portion of that order is quoted hereunder:--'in the applications under section 20 of the arbitration act, i propose to pass today's order in juxtaposition to order passed earlier by this court on 20-4-1996. it may be recalled that vide order dated 20 ..... pleaded, so this authority also is of no assistance to the learnedcounsel for the appellant. similarly, lc for the appellant has cited indian drugs and pharmaceuticals ltd. v. indo swiss section gem mfg. co. ltd., air 1996 sc 543. i have gone through this authority also. in this authority also the same principle is held that if the arbitration clause provides that dispute ..... with both the parties equally and the appellant cannot and, should not expect that the arbitrator should be of his choice who can tilt his opinion towards the appellant. here i am of the firm view that whenmalice is established and the respondent hasreasonable and sound apprehension that thenominated arbitrator may not do justice withhim, the court can use its discretion .....

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Dec 30 1998 (HC)

Himalaya Construction Vs. Executive Engineer

Court : Jammu and Kashmir

Reported in : AIR2000J& K19

..... can be no doubt that the respondents here were within the period prescribed.'22. in so deciding their lordships relied upon the analogy of section 14 of the indian limitation act and the principle of the judgment in re-astley and tyldesley coal and suit co., (1899) 68 ljqb 252 in which a division ..... period also. it may however, be seen that the payment of interest for pre-reference period would be governed bv the central act, i.e. the interest act of 1978. that act is not applicable to the state of jammu and kashmir with regard to the payment of interest same view has been expressed ..... of the privy council held that in a reference to the arbitration it is an implied term of the contract that the arbitrators must decide the dispute according to the existing law of contract and that every defence which would have been open in a court of law including limitation can be ..... is also relevant to notice that this decision refers with approval to both the english decisions in edwards (1851) 138 er 603 and chandris case (1951) 1 kb 240. besides the decision of this court in firm madanlala roshanlala. it is noteworthy that the decision explains and distinguishes the decision in thawardas, ( ..... the appellant state authorities. the matter was placed before a learned single judge of this court. two issues came to be framed. these are as under :(i) whether the arbitrator has misconducted himself and the proceedings if so, with what effect? opr (ii) whether the petitioners are entitled to interest at the .....

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Mar 30 2001 (HC)

Yog Raj Vs. Kuldeep Raj Gupta and anr.

Court : Jammu and Kashmir

Reported in : AIR2002J& K12

..... whether the parties have arrived at an adjustment in a lawful manner. the explanation made it clear that an agreement or a compromise which is void or viodable under the indian contract act shall not be deemed to be lawful within the meaning of the said rule. having introduced the proviso along with the explanation in rule 3 in order to avoid multiplicity ..... on the appellant.8. the pleadings of the parties gave rise to the framing of issues. for facility of reference these issues are reproduced below:1. whether the suit filed by the plaintiff is not maintainable under section 47, order 21 of the c.p.c.? opd2. whether the suit of the plaintiff is barred by time? opd3. whether the suit is ..... court's jurisdiction is barred only with regard to two matters. these are :i/ not to entertain any claim to enforce any right under a mortgage declared extinguished under this act, orii/ to question the validity of any proceedings under this act.59. none of the conditions as mentioned in section 16 are present in this case. therefore, the argument that on account of ..... null and void.4. both the defendants filed separate written statements.5. stand taken by respondent no. 1 be noticed.6. some preliminary objections were taken to the maintainability of the suit. it was stated that on account of the bar created under section 47 and order 21 of the code, the suit was not maintainable. it was also urged that the .....

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Dec 07 2005 (HC)

Mst. Shameema Vs. Rehman Beigh and ors.

Court : Jammu and Kashmir

Reported in : 2006(2)JKJ479

..... of deciding the question, unless the court, for reasons to be recorded, thinks fit to grant such adjournment.] explanation: - an agreement or compromise which is void or voidable under the indian contract act, 1872, shall not be deemed to be lawful within the meaning of this rule.]7. perusal of the rule shows that compromise should be in writing and must be signed by ..... not competent to eternal and adjudicate the appeal without condoning the delay. he submitted that the respondent has not moved any application for condoning the delay alongwith the appeal.3. i have heard learned counsel for the appellant and given my thoughtful consideration to the submissions made.4. the respondent herein when filed an appeal before the learned district judge, anantnag ..... nirmal singh, j.1. this is civil second appeal against the judgment and decree dated: 28.7.2001 passed by district judge, anantnag in civil appeal no. 2/appeal decided on 10.5.2001 .....

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May 15 1987 (HC)

Darshan Kumar and Etc. Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : AIR1988J& K28

..... dependent on variety of factors, can well be gone into in a regular civil suit, for which specific provision is made under section 78-b of the indian railways act. it is stated that the loading of coal in railway wagons is done by the petitioners or their agents in their own siding ..... govt. not followed and that termination is arbitrary-- it is held that under such circumstances when the challenge not raising question purely of breach of contract -- writ petition is competent. the facts of this case also cannot to be equated with the facts in hand, which are distinguishable on several ..... providing penalty for over-loading of coal wagons in any way violates any provisions of the constitution. moreover, once the petitioners enter into a contract to use the railway wagons for loading of coal incorporating therein all the rules of railway tarrif as one of the conditions, it becomes obligatory ..... the present petitions. it is also submitted that the wagons are provided to the petitioners for loading of coal on priority 'c' under the contract, which incorporates in it all provisions of the railway goods tarrif and the rules made thereunder with a specific caution to the provisions of rule ..... the coal by other transport methods than the railways. thus the restrictions imposed under the contract and the rules made thereunder cannot be said to be in violation of the fundamental rights guaranteed under article 19(1)(g) of the constitution of india as the restrictions are not a complete bar for .....

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Feb 21 2014 (HC)

Rattan Singh Vs. Indian Overseas Bank and Others

Court : Jammu and Kashmir

..... principles of contracts and provisions of the contract act. same logic would apply to the other judgments cited by the learned counsel i.e. raj kumars case(supra) and vedpathi dinesh kumars case (supra). 15. we are further of the view that section 2(b) read with sections 7 and 8 of the contract act does not ..... cases honble the supreme court has made a detailed reference to the provisions of banking companies (acquisition and transfer of undertakings) act, 1970 and the provisions of contract act, 1872. their lordships of honble the supreme court have also made a detailed reference to the provisions of state bank of india ..... before its communication to the appellant at srinagar on 31.01.2001 the offer was withdrawn on 29.01.2001 by filing an application to the indian overseas bank at srinagar. therefore, it cannot be concluded that the communication was not necessary. however, the judgments cited by mr. singh, learned ..... central office, chennai to its regional office chandigarh on 22.01.2001. it was the regional office which communicated the letter of acceptance to the indian overseas bank, srinagar branch on 27.01.2001. the appellant filed an application on 29.01.2001 before the bank manager, srinagar with a prayer ..... .ajay pal singh, there is no substantive difference between the two schemes floated by state bank of india and the one floated by the respondent-indian overseas bank. the offer has been accepted on 22.01.2001 and the same could not have been withdrawn after that date on 29.01 .....

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Aug 22 1991 (HC)

Managing Director, J and K. P.C.C. Vs. Commissioner for Workmen's Comp ...

Court : Jammu and Kashmir

Reported in : 1992ACJ362,(1993)ILLJ65J& K

..... business), who is (i) a railway servant as defined in section 3 of indian railways act... (ii) employed on monthly wages not exceeding one thousand rupees, in any such capacity as specified in schedule ii, whether the contract of employment was made before or after passing of the act and whether such contract is express or implied. 8. schedule ii of ..... point the commissioner ought to have considered the same and given finding as he had obtained evidence of both the parties. 7. moreover, workman has been defined in section 2(1)(n) of the act as a person (other than a person whose employment is of a casual nature and who is employed otherwise than for purpose of the employer's trade or ..... the act provides list of persons who are included in the ..... down a provision for filing appeal against the order of the commissioner under the act and under clause (2) of that section period of limitation for filing appeal provided is sixty days. under proviso to clause (1) of the said section no appeal by an employer shall lie unless memorandum of appeal is accompanied with a certificate by the commissioner to the effect that .....

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