Court : Kerala
Decided on : Sep-26-1987
Reported in : AIR1988Ker122
..... air 1974 sc 1241 and the decision of the madras high court in sankaralinga v. ratnaswami. air 1952 mad 389 where it was stated that when there was a binding contract, such contract, in the absence of special circumstances, ought to be specifically enforced. counsel further contends that the correspondence between the defendants left no doubt that the second defendant acted as ..... shri t. p. kela nambiar, appearing for the first defendant, submits that ext. a3 contains a misstatement of a fundamental fact so as to vitiate the contract itself, assuming there was a contract, and the contract alleged to be evidenced by that document is unenforceable in law. he submits that the second defendant represented himself as the power of attorney holder to sell ..... to be transferred after investigation of title as to which various special stipulations, which might be of particular concern to the owner, may have to be inserted in a concluded contract relating to such property. the parties, therefore, do not ordinarily contemplate that the agent should have the authority to complete the transaction in purchases. that is why it has ..... the correspondence which preceded ext. a3 gives no indication that the second defendant was authorised by the first defendant either to sell the property or to enter into a binding contract for the sale of the property. the letters exchanged between them, as is apparent from the documents produced, only showed that the first defendant wanted the second defendant to find .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Oct-30-1987
Reported in : 2(1987)ACC544
..... term relied upon, does not help the appellants. that being so, we are of the opinion that the appellants have not been able to establish that any contract to the contrary extending the statutory limit of liability under section 95(2)(b)(ii) of the act which plea they raised for the first time in appeal ..... bench is that if the claimants were to contend that the statutory liability prescribed under section 95(2)(b)(ii) of the act has been extended by mutual contract, it is for them to establish by getting the insurance policy produced by the company. this decision does not seem to have been brought to the notice ..... itself and not to any of the clauses of section 96 of the motor vehicles act. it is difficult to infer from this term that the parties has contracted to extend the limit of statutory liability under section 95(2)(b)(ii) to rs. 50,000/- shri khare, however, argued that a copy of this ..... being carried in vehicle; (b) where the vehicle is a vehicle in which passengers carried for hire or reward or by reason of or in pursuance of a contract of employment,--(i) in respect of persons other than passengers carried for hire or reward, a limit of fifty thousand rupees in all;(ii) in respect of ..... that in view of the policy ex. d/8, the extent of liability of the insurance company should have been rs. 50,000/-as that was the specific contract the parties entered into in that behalf. section 95(2) of the motor vehicles act, which is relevant for our purpose, is as follows:95. requirements .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jul-16-1987
Reported in : AIR1987MP262; 1987MPLJ599
..... , that there had been a settlement between the parties under which the appellant had given up his right of ejectment and had made the respondent his tenant on a fresh contract of tenancy on an enhanced monthly rent and the respondent had paid certain amount towards the compromise. on this ground the respondent asserted that the execution application deserved to be ..... second appeal, however, a learned single judge of this court took the view that since there was no delivery of possession by the appellant to the respondent and a fresh contract of tenancy had been created, there had been no adjustment of the decree and the question as to whether the agreement between the parties had rendered the decree unenforceable could ..... to him on enhanced monthly rent. on its basis it was contended that the decree had been satisfied and a fresh contract of tenancy had been entered into and the non-applicant judgment-debtor being in possession under the new contract, the decree for eviction could not be executed against him. this objection was rejected by the executing court on the ground .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-13-1987
Reported in : AIR1987All306
..... arising during the progress of the work, or after the completion thereof or abandonment of the contract by the contractor shall be final, conclusive and binding on the contractor.'9. he argued that the decision of the superintending engineer with regard to ..... used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions, orders or these conditions, or otherwise concerning the works, or the execution or failure to execute the same whether ..... the material ones for deciding the appeal are 4 to 7, which are quoted below : --4. whether the plaintiff committed any breach of terms of contract? 5. whether there was any negligence on the part of employees of the defendant? 6. whether the plaintiff is entitled to claim any amount and damages? ..... claimed by him nor towards damages.4. the plaintiff had claimed rs. 27,136/-deposited by him as security money for the due performance of contract along with 10% interest. this claim was founded on the allegation that the amount had been wrongly forfeited by the state.5. on the pleadings ..... work done for the defendant with pendente lite and future interest and for recovery of rs. 30,480/- for damages on account of breach of contract. the details of the amounts claimed are mentioned in annex. a to the plaint.2. for deciding the claim since the details are not required .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-15-1987
Reported in : JT1987(4)SC642; 1987(2)SCALE1447; 1988Supp(1)SCC580; 2SCR370
..... cannot be considered as an agreement for execution of works undertaken by the state government.20. we are, therefore, of the view that the contract which the 1st respondent had entered into with the state government even though it was subsisting on the date of scrutiny of nominations would not ..... be recovered as arrears of land revenue. there were other incidental conditions in the agreements. the andhra pradesh high court held that since the contracts entered into by the successful candidate with the state government to sell arrack and toddy did not come within the state government to sell ..... and ors. : air1979ap132 the question that arose for consideration was whether a person who was carrying on the business in arrack and toddy under the contract with the government under the provisions of the andhra pradesh excise act, 1968 was disqualified for being chosen as a member of the legislature. the ..... 7(d) of the act, as he had an interest in a contract for the performance of services undertaken by the bihar government. the appellant contended that the service undertaken by the government was the sale of foodgrains ..... the appellant in that appeal was a member of a joint hindu family which carried on the business of government stockists of grain under a contract with the government of bihar. his nomination for election to the bihar legislative assembly was rejected on the ground that he was disqualified under section .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-09-1987
Reported in : AIR1988All75
..... and is not in lieu of damages, nonetheless on equitable principles if a party has not suffered but gained on account of the frustration of the contract the earnest money should not be allowed to be forfeited. i find that since 1975 the value of the property has gone up considerably. the defendant ..... executed within the period fixed by the parties vide agreement of sale dated 23-6-75 and, therefore, the plaintiff is not entitled to enforce the contract for sale in respect of the said property, 11. next comes the question of the alternative relief claimed by the plaintiff for the return of ..... breach and hence the suit for specific performance of contract for sale was filed in the case. 3. the defendant fakira contested the suit inter alia alleging that the plaintiff never asked the defendant orally ..... 15-11-85 and remained there throughout the day with the remaining sale consideration and had all along been ready to fulfil his part of the contract as mentioned in the agreement dated 23-6-75 but the defendant evaded to execute the sale deed after receiving the sale consideration and committed the ..... passed by the civil judge roorkee at saharanpur dated 30-10-76 dismissing the suit. 2. the appellant filed a suit for specific performance of contract for sale with the allegations that the defendant had agreed to execute a sale deed in respect of the property in suit in pursuance of the .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-29-1987
Reported in : AIR1988Guj42; (1987)2GLR1082
..... nani gopal, air 1987 cal 92 where even though the averment in the plaint as to readiness and willingness to perform the contract was absent, both parties went to trial and the plaintiff tendered evidence to show his readiness and willingness and the defendant fully participated therein without ..... has arrived the plaintiff applies for leave to amend the plaint with a view to expressing his readiness and willingness to perform his part of the contract, the amendment must ordinarily be allowed. the same view was taken in a recent judgment rendered by the calcutta high court in byomkesh v. ..... used: the averment must in substance indicate the continuous readiness and willingness on the part of the person suing to perform his part of the contract. this, the learned judge observed, in suitable cases could be culled out from the totality of circumstances and the allegations made in the plaint. ..... before granting the same. as a consequence courts insisted that the plaintiff must show that he was always ready and desirous of performance of, the contract. this very principle has been given statutory recognition by the introduction of s. 16(c) on the recommendation of the law commission on the specific ..... to the relief for damages was maintainable on the ground that the relief for damages was claimed in lieu of specific performance of the contract and not alternatively or in addition to the relief for specific performance. in his view the relief for damages in lieu of specific performance .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-11-1987
Reported in : ILR1988KAR457; 1988(1)KarLJ249
..... way of penalty and according to this principle even if there is a stipulation by way of liquidated damages, a party complaining of breach of contract can recover only reasonable compensation for the injury sustained by him, the stipulated amount being merely the outside limit. it, therefore, makes no difference ..... plaintiff. the section does not confer a special benefit upon any party; it merely declares the jaw that not-withstanding any term in the contract pre-determining damages or providing for forfeiture of any property by way of penalty the court will award to the party aggrieved only reasonable compensation ..... to forfeit the earnest money deposit made by the plaintiff. however, the learned government pleader has placed reliance on one of the clauses of the contract providing for forfeiture of the earnest money deposit. it is not possible to accept the contention of the government pleader.14. the law is well ..... a breach of the condition as to the time for performance will entitle the innocent party to consider the breach as a repudiation of the contract. exceptionally the completion of the work by a specified date may be a condition precedent to the contractor's right to claim payment. the ..... time to be specified above shall be fixed and inserted in the blank space kept for the purpose by the officer competent to accept the contracts after taking into consideration the circumstances of each case and the contractor shall abide by the programme of detailed progress laid down by the .....Tag this Judgment!
Court : Delhi
Decided on : Mar-12-1987
Reported in : 1987(2)ARBLR109(Delhi); ILR1987Delhi571
..... fresh findings unless there is an error apparent on the face of the record which makes it unsustainable.(16) the question 'whether the decision of the department to rescind the contract was illegal and unjustified' (question no. 16) was specifically referred to the learned arbitrator for adjudication. his decision in favor of the contractor on this question, in my view, is ..... getting a staircase constructed by another agency at their own cost, as late in july, 1981 and only thereafter the work could commence systematically.these delays caused prolongation of the contract and the contractor was not to be blamed for this. he further found that no reasonable time for completion of the work had been fixed by the respondents. the time ..... same were referred to mr. n. n. chakraborty, superintending engineer for adjudication. learned arbitrator made and published his award on january 31, 1986. he held that the rescission of the contract by the respondent was unjustified. he further found that the contractor was entitled to increase in the rates because of the delay caused by the respondent in the execution of ..... . the work could not be completed by the stipulated date and the agreement was rescinded by letter dated august 21, 1982.(2) the contractor, contending that the rescission of the contract was illegal and unjustified, raised various disputes and claims and invoked arbitration pursuant to arbitration clause (clause 25) and asked the chief engineer p & t (civil) to appoint an arbitrator .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-04-1987
Reported in : AIR1987SC777; [1987(54)FLR476]; JT1987(1)SC376; 1987LabIC619; (1987)ILLJ345SC; 1987(1)SCALE240; (1987)1SCC700; 2SCR164; 1987(2)SLJ23(SC); 1987(1)LC560(SC)
..... through contractors for doing work inside the premises of the primary employer, known to researchers of the international labour organisation and other such organisations as 'labour only contracting' or'inside contracting' system has been termed as an archaic system and a relic of the early phase of, capitalist production, which is now showing signs of revival in the ..... in the southern railway. in any case, the administration of the southern railway will refrain, until the decision of the central government under section 10, from employing contract labour. the work of cleaning catering establishments and pantry cars will be done departmentally employing those workmen who were previously employed by the contractor on the same wages and ..... . section 8 provides for revocation of registration in certain cases and section 9 prescribes the effect of non-registration. section 10 provides for the prohibition of employment of contract labour in certain processes, operations or other work in establishments by the appropriate government after consultation with the central or state board as the case may be. section ..... and state governments in administering the legislation and registration of establishments and contractors. under the scheme of the bill, the provision and maintenance of certain basic welfare amenities for contract labour, like drinking water and first-aid facilities, and in certain cases rest-rooms and canteens, have been made obligatory. provisions have also been made to guard .....Tag this Judgment!