Court : Kerala
Reported in : 70CompCas437(Ker)
..... furnish the guidelines regarding the order of performance. section 54 deals with the effect of default as to that promise which should be first performed in contracts consisting of reciprocal promises. if the promises are such that one of them cannot be performed or its performance cannot be claimed until the other has been performed and the promisor of the promise last mentioned fails to perform it, such promisor cannot claim performance of the reciprocal promise and he must make compensation to the ..... , he must also do equity. these are the principles relied on by the first defendant who is the appellant. by virtue of section 4 of the transfer of property act, the chapters and sections thereof which relate to contracts are to be taken as part of the indian contract act if obligations are to be performed in a certain sequence, one of the parties cannot require compliance with the obligations ..... s. padmanabhan, j. 1. the provisions of sections 51 - 54 of the indian contract act, 1872, embody a code of principles about contracts involving reciprocal promises. section 52 only postulates that if the order of performance is fixed in the contract itself, such order has necessarily to be followed because that is the order which the parties wanted and agreed to be followed. if no such order is fixed, the reason of the thing .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1998AP6; 1997(4)ALT821
..... order in which reciprocal promises are to, be performed is expressly fixed by the contract, they shall be performed in that order; and, where the order is not expressly fixed by the contract, they shall be performed in that order which the nature of the transaction requires.'section 54 dealing with the effect of default as to that promise which should be first performed reads as under:--'section 54:-- effect of default as to that promise which should be first performed in contract consisting of reciprocal promises-- when a contract consists of reciprocal promises, such ..... of indian contract act, 1872 deal with performance of reciprocal promises. of them, sections 51, 52 and 54 are alone relevant for the purpose of the present case. section 51 deals with a contract consisting of reciprocal promises to be simultaneously performed. it reads :--'sections 1:-- promisor not bound to perform unless reciprocal promisee ready and willing to perform.-- when a contract consists of reciprocal promises to be simultaneously performed, no promisor need perform his promise unless the promisee' is ready and willing to perform his reciprocal promise.'section 52 .....Tag this Judgment!
Court : Delhi
..... and willing to perform his reciprocal promise. section 52. order of performance of reciprocal promises.- where the order in which reciprocal promises are to be performed is expressly fixed by the contract, they shall be performed in that order, and where the orders is not expressly fixed by the contract, they shall be performed in that order which the nature of transaction requires. xxxxx section 54. effect of default as to the promise which should be performed, in contract consisting or reciprocal promises- when a contract consists of reciprocal promises, such that ..... to understand as to how the arbitrators could have at all reached at such a conclusion in the face of section 52 of the indian contract act, 1872 which provides that contract when provides the stages of performance then performances have to be in the order provided under the contract. in fact, the majority award reverses the logic on its head for the benefit of respondent no.1 herein inasmuch ..... an obligation under the contract, the petitioner therefore must also receive benefit of section 51 read with section 54 of the indian contract act if the respondent no.1 has been held entitled to the benefit of the same. since the order of performance has been mentioned in the contract, section 52 of the indian contract act comes into play and the order of performance necessarily means that before the first letter of credit is .....Tag this Judgment!
Court : Mumbai
..... respondent. 77. the petitioner relies upon section 55 of the indian contract act relating to time being of the essence or not of the essence of the contract. section 55 runs thus : 55. effect of failure to perform at fixed time, in contract in which time is essential. when a party to a contract promises to do a certain thing at or ..... present position under which a clause barring a remedy is void, but a clause extinguishing the rights is valid. this approach may be sound in theory but, in practice it causes serious hardship and might even be abused. 2. it is felt that section 28 of the indian contract act, 1872 should be amended as ..... to complete the job. 5. item no.14 of the conditions of contract consisted of 2 components being 7.5% to be recovered in installments through deduction @ 10% on each running bill of the petitioner and 2.5% which was given as bank guarantee under clause 14.1 relating to security deposit ..... fields; clause 29.2 for non waiver of defaults and clause 47 being the claim for additional payment which would be waived if not made according to the strict terms of clause 47. 98. the petitioner's claim is made for the first time in the letter of the petitioner dated 18 ..... extension of the time limit on the ground that the delay has been caused of specified periods specially the gross delay which is demonstrated in the letter dated 28th september, 1997. 54. the respondent by its letter dated 10.10.1997 accepted the petitioner's application for extension only on account of .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2009KAR4028
..... is not conclusive and it is not given on merits.v. the proceedings is which judgment is obtained are opposed to principles of natural justice. the judgment sustains a claim founded on breach of section 74 of the indian contract act.vi. the witness statement stated to have been made by mr. ziaulla sheriff is ..... find that fraud attributed to decree-holder in the objection statement filed by judgment-debtor is an after thought the judgment-debtor to over come the effect of documents filed by decree-holder on 27.02.2006, has attributed fraud to decree-holder. if the decree-holder had played fraud on judgment ..... that judgment-debtor was not a party to the aforestated proceedings.26. the learned senior counsel appearing for decree-holder would submit that at the first instance, claim no. cl953063 was initiated by the judgment-debtor before the central london county court in the claim form the claimant has been ..... have elected not to attend.4. i should next emphasise that this is the trial of the action. this is not a hearing relating to a default judgment because those acting for mr. asif have sought a full trial because they may wish to enforce any judgment, which they obtain abroad, and in particular in ..... contractus) and as a second presumption: 'when the contract is made in cue country, and is to be performed either wholly or partly in another, then the proper law of the contract may be presumed to be the law of the country where the performance is to take place (lex loci solutionis).in the .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1984Kant122; 1983(1)KarLJ452
..... decision so rendered is in accordance with the letter and sprint of section 74 of the indian contract act, the provisions of which are applicable. to the facts of the present case. in that view. i hold that there is no reason for me to interfere with the judgment and decree made by the first appellate court.19. as pointed out above, it is the plaintiff ..... defendant. 16. the supreme court of india. in the caw, fateh chand v. balkishan dan, air 1969 sc 1405. 'in pars, 8 of the judgment, has ruled thus:'section 74 of the indian contract act is clearly an attempt to eliminate the somewhat elaborate refinements made under the english common law in distinguishing between stipulations providing for payment of liquidated damages and stipulations in ..... sale) the nomenclature employed, whether earnest or advance is not really the crux of the matter though the clause providing for forfeiture of amount the event, of default by the purchaser is will by itself a conclusive circumstance that circumstance has to be taken into consideration along with other circumstances to ascertain to the real character of the ..... the first appellate court was justified in holding that the plaintiff failed to establish any damages?. 10. the learned advocate appearing for the appellant submitted that the entire document should be perused to find out whether the parties intended that rs, 10,000/- should be considered as earnest money in the sense that it was given as security for the due performance of the contract .....Tag this Judgment!
Court : Chennai
Reported in : AIR1970Mad391
..... not concerned in that case to decide whether a contract containing a covenant of forfeiture of deposit for due performance of a contract falls within the clause described by the court as 'whether the contract names a sum to be paid in case of breach.' in fact, the supreme court observed that section 74 of the indian contract act dealt with the measure of damages in two classes ..... 896. he would say that any payment made contemporaneously with an agreement from which springs a contract, should be deemed to be a deposit or earnest money. he placed reliance on puran chand v. official liquidator , and vehemently argued that the plaintiff has to be non-suited because of his own default. he would also maintain that different considerations ought to weigh with courts ..... -of-attorney holder of the 1st defendant. the plaintiff paid a sum of rs. 225 as advance towards the total price of rs. 1,537, which advance, in terms of the agreement, was liable to be forfeited in case the sale was not completed within the prescribed time and due to the plaintiff's default. the term of the contract ran as under;'if ..... through the 2nd defendant) fail to get the said sale deed registered within the aforesaid time, i (the 1st defendant through the 2nd defendant) will give you (the plaintiff) two times above the said advance.' in short, for a breach of the contract on the part of either the plaintiff or the defendants, one has to pay to the other a sum .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1924Bom473; (1924)26BOMLR858
..... under section 73 of the indian contract act, they would be liable to damages. what the measure of damages would be must depend entirely on a contract of this description on the facts of this case. in on ordinary contract for the purchase and sale of land in which the defendant contracts to make ont a marketable title, the usual result would be, if without any default on the ..... 28, 1923. the allegation of dr. billimoria as to his right to have a further lease for six years from narsinggirji was not investigated. in the first place there was his claim for specific performance of this agreement for a further lease, and, secondly, the defendant had to meet the possible plea of the tenant in possession based on the provisions of ..... bom. l.r. 1087, and held that section 73 imposed no exception on the ordinary law as to damages whatever the subject-matter of the contract, and in effect he held that the english rule would not apply in india unless it could be shown that the parties to the contract expressly or impliedly contracted that this should not render the vendor liable in damages. in ..... was not in any sense responsible. he made a counter-claim for the specific performance of the contract in his favour, and contended that the plaintiffs had forfeited the deposit money.4. on these pleadings the necessary issues were raised, and the evidence adduced principally consisted of the correspondence between the parties. the oral evidence in the case is not of much importance .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1968SC1432; 38CompCas751(SC); 3SCR724
..... provisions of s. 140 of the indian contract act, 1872 which states : 'where a guaranteed debt has become due, or default of the principal debtor to perform a guaranteed duty has taken place, the surety, upon payment or performance of all that he is liable for is invested with all the rights which the creditor had against the principal debtor(s).' 12. this section embodies the general rule of equity ..... the goods found to be short on weighment by the bank cannot be considered to be a 'promise to give time' to the borrowers as contemplated by s. 135 of the indian contract act. in this connection reference should be made to cl. 9 of ex. p-1 which provides that the borrowers shall be responsible for the quantity and quality of goods pledged and also ..... operates as a giving of time, the surety is no longer liable, but not where that transaction has no such effect.' (halsbury's laws of england, vol. 18, p. 509). in our opinion, the provisions of s. 135 of the indian contract act are not attracted to the present case and the argument of the appellant on this point must be rejected. 11. we ..... of the appellant it was contended in the first place that there was a variation made in the terms of the contract between the principal-debtor and the creditor in the present case and the appellant was accordingly discharged of his liability under the contract of guarantee. reference was made of s. 133 of the indian contract act which states : 'any variance, made without the surety's .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2008SC336; JT2007(12)SC156; 2007(12)SCALE204; 2008(1)SLJ319(SC); 2007AIRSCW6879
..... 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 ..... for the employees, the provision made in clause 21.0 of the agreement, the effective date and duration of agreement w.e.f 29.06.1987 is contrary to the provisions of section 23 of the indian contract act and also violative of article 14 of the constitution of india. by virtue of ..... of our common law - namely, that a free citizen, in the exercise of his freedom, is entitled to choose the employer whom he promises to serve, so that the right to his services cannot be transferred from one employer to another without his assent.... this court in pyarchand v ..... and in the light of the reliefs prayed for by the employees, it is useful to refer to the relevant clauses in the agreement. first agreement between the balco and ntpc was executed in july, 1984. since we are very much concerned about the subsequent agreement dated 22.05 ..... 'undue influence' given in section 16(1). further, the majority of such contracts are in a standard or prescribed form or consist of a set of rules. they are not contracts between individuals containing terms meant for those individuals alone. contracts in prescribed or standard forms or which embody a set of rules .....Tag this Judgment!