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Judgment Search Results Home > Cases Phrase: reciprocal indian contract act Page 1 of about 1,103 results (0.147 seconds)

Mar 20 1969 (HC)

Pushkarnarayan S. Maheshwari Vs. Kubrabai Gulamali

Court : Mumbai

Reported in : (1969)71BOMLR769

..... , clear that, in english law, it is necessary for a plaintiff to prove readiness and willingness to perform his part of the contract only in cases where the contract consists of concurrent obligations which are the same as what the indian contract act calls reciprocal obligations' to be simultaneously performed. mr. diwan cited the english case of howe v. smith (1884) 27 ch. d. 89 which ..... was also a case of a contract for the sale of land in which the purchaser being not ready with his purchase money, the vendor, after repealed delays, re ..... not a part of british india but was an independent state in the malayan peninsula, and the case was, therefore, decided in accordance with the english common law, as the indian contract act was not applicable to the same. the facts of that case were that the collector of land revenue had, by a letter written in answer to an application made by ..... bench of the nagpur high court in the case of arjunsa v. mohanlal in which english and indian authorities on the point have been exhaustively reviewed and, after referring to section 51 of the contract act which lays down that in the ease of a contract consisting of reciprocal promises to be simultaneously performed, no promisor need perform ms promise unless the promisee is ready .....

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Apr 27 1967 (HC)

Board of Revenue, Madras, Referring Authority Vs. Annamalai and Co. (P ...

Court : Chennai

Reported in : AIR1968Mad50

..... these observations are based upon the principles set out in ss. 2(d), (e) and (f) of the indian contract act, dealing with reciprocal promises forming the consideration for each other in an agreement constituting a contract. as mentioned already, in the present case, on the part of the bank there is an executed promise in ..... to ensure the payment of a debt due from the principal".(6) the principles thus set out above have been embodied in section 202 of the indian contract act, and in particular illustration (a) therefor, which is in the following terms--"a gives authority to b to sell a's land, and to ..... answer the question referred to us for decision, by deciding that the document in question falls under article 48(e) of the first schedule of the indian stamp act. we have not been asked to decide what will be the amount of consideration, on which the duty has to be calculated. that will be ..... further question on which the parties are at variance is whether the document can be brought squarely under the definition in article 48(e) of the indian stamp act, which requires the following ingredients:1. there must be a grant of a power to sell immovable property; (2) there must be consideration for ..... schedule (1) or a mere power of attorney falling under article 48(d) of schedule 1-a (now article 48(c) of schedule i of the indian stamp act as amended)". annamalai and co. (pvt.) ltd., the respondent herein, borrowed several sums of money from reliance bank of india, ltd., and hypothecated with .....

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Apr 27 1967 (HC)

Board of Revenue, Represented by the Commissioner of Land Revenue Vs. ...

Court : Chennai

Reported in : (1967)2MLJ515

..... these observations are based upon the principles set out in sections 2(d), (e) and (f) of the indian contract act, dealing with reciprocal promises forming the consideration for each other in an agreement constituting a contract. as mentioned already, in the present case, on the part of the bank three is an executed promise ..... in order to ensure the payment of a debt due from the principal.the principles thus set out above have been embodied in section 202 of the indian contract act, and in particular illustration (a) therefor, which is in the following terms:a gives authority to b to sell a's land, and to ..... the question referred to us for decision, by deciding that the document in question falls under article 48(e) of the first schedule of the indian stamp act. we have not been asked to decide what will be the amount of consideration, on which the duty has to be calculated. that will be ..... question on which the parties are at variance is whether the document can be brought squarely under the definition in article 48(e) of the indian stamp act, which requires the following ingredients:(1) there must be grant of a power to sell immovable property;(2) there must be consideration for the ..... schedule 1) or a mere power of attorney falling under article 48(d) of schedule 1-a (now article 48(c) of schedule 1 of the indian stamp act as an amended),2. annamalai & co. (private) limited, the respondent herein, borrowed several sums of money from reliance bank of india limited, and hypothecated .....

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Apr 02 1958 (HC)

Hulas Kunwar Vs. Allahabad Bank Ltd.

Court : Kolkata

Reported in : AIR1958Cal644

..... 9. in ether words, this implied proposal invited from the plaintiff in the words of section 8 (indian contract act) a 'reciprocal promise' to pay interest at the higher rate and as a consideration for that reciprocal promise the bank offered to desist from making a demand for the immediate payment of the amount advanced ..... right to sell the pledged securities without any notice to the plaintiff. 16. mr. meyer also contended that even if sections 176 and 177, indian contract act do not apply in terms to the present case, the parties would be governed by the rules of english common law as embodying rules of ..... case of the co-operative hindus-than bank ltd. v. surendra nath de : air1932cal524 . the language of sections 176 and 177 of the indian contract act seems to suggest that those two sections apply in terms only to cases where a time is stipulated in the agreement of hypothecation for the payment ..... ex. 7 (iii)). it is contended on behalf of the appellant that such a notice does not comply with the requirements of s, 176, indian contract act because it is merely a reiteration of the rights which the pledgee has under the law and under the instrument of hypothecation and is not 'a ..... implied agreement to pay the higher rate of interest. this conclusion was based upon a consideration of sections 7, 8 and 9 of the indian contract act relating to implied agreement. we respectfully agree with the principles laid down in that case and hold that upon those principles an implied promise may .....

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Jan 11 2012 (HC)

Deepak Vig Vs. Avdesh Mittal

Court : Delhi

..... contract would also be consideration for the contract. with these observations it was held that cheques formed part of the consideration of the ..... to pay money to the complainant as the owner of the property. the promise/act of the complainant and the other owner of the said property of blocking their assets for a considerable period was held to be consideration as per section 2(d) of the indian contract act and consequently the reciprocal obligation of the builder regarding security cheques to ensure performance of the ..... the seller or manufacturer, on the basis of cheques issued, manufactures the goods or procures the goods from outside, and has acted upon the contract, the liability of the purchaser gets fastened, the moment the seller or manufacturer acts upon the contract and procures the goods. if for any reason, the seller fails to manufacture the goods or procure the goods it is only ..... not be invoked. it is trite that if the cheque is issued only as security for the performance of certain contract or agreement and not towards discharge of any debt or any other liability, the offence under section 138 of the act is not attracted. in the case of m.s narayana menon (supra) the accused as also the complainant were stock .....

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Jul 24 2014 (HC)

Oil and Natural Gas Corporation Limited Vs. Soconord OCTG and Another

Court : Mumbai

..... 1992 and the respondents / coating contractor's obligation to make the ship available before 30-7-1992) were independent of each other or these constituted reciprocal promises within the meaning of sec. 54 of the indian contract act and which party committed breach of its obligation? (c) has the delay in completing the delivery on the part of the claimants been correctly ..... and the respondents / coating contractor's obligation to make the ship available before 30-7-1992) were independent of each other or these constituted reciprocal promises within the meaning of sec. 54 of the indian contract act and which party committed breach of its obligation? 16. soconord contended that even assuming that there was a delay on its part in arranging for ..... the delivery of the material fob at the ports, ongc/ ongc's coating contractor failed to perform their reciprocal promise of making the ship available before 20th ..... july 1992 for effecting such delivery. thus, without the ship being there, the fob delivery at the two ports would be physically impossible. soconord, therefore, claimed to have been discharged from performing its obligation in view of section 54 of the indian contract act. 17. the learned umpire .....

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Aug 27 1999 (HC)

State Trading Corpn. of India Ltd. Vs. M/S. Marpro Ltd. U.K.

Court : Delhi

Reported in : 1999VIAD(Delhi)449; [2001]104CompCas53(Delhi); 86(2000)DLT361

..... .1987 by which date the respondent had failed to deliver the agreed goods to the petitioner. the learned arbitrators have also held that 'these two reciprocal promises were thereforee by virtue of section 52 of the indian contract act to be performed in that order and the obligation of the claimant to open the confirmed irrevocable unconditional letter of credit in favor of the ..... guarantee being first in point of time and then the performance of the promise to open the confirmed irrevocable unconditional letter of credit. these two reciprocal promises were, thereforee, by virtue of section 52 of the indian contract act to be performed in that order and the obligation of the claimant to open the confirmed irrevocable unconditional letter of credit in favor of the ..... learned arbitrators also at pages 40-41 of the award which reads as under :-'.......these were clearly reciprocal promises within the meaning of section 2(f) of the indian contract act. the promise to open the performance bank guarantee was on the plain terms of the contract to the performed on or before 5th march 1987 while the confirmed irrevocable unconditional letter of credit was .....

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Aug 10 1923 (PC)

Karsandas Kalidas Ghia Vs. Chhotalal Motichand

Court : Mumbai

Reported in : AIR1924Bom119; (1923)25BOMLR1037

..... me doubtful whether such a right exists in a case like this falling under the provisions of section 54 of the indian contract act, which expressly enacts that the provisory cannot, after a breach on his part, 'claim the performance of the reciprocal promise' (of. sabapathy v. vanmahalingam i.l.r. (1914) mad 959, 969). but assuming that it does the fact remains that ..... chuckerbutty v. nanda kumar das (1914) 18 c.w.n. 689 that in exercising a discretion under section 22 of the specific relief act, the courts are not tied down by the rules laid down in the indian contract act and by those alone. (2)in exercising its discretion, the court can take into consideration the plaintiff's abandonment of his claim to specific ..... the reasonableness of the time fixed by the notice. the case was, therefore, one in which a short period for completion of the contract might reasonably be fixed. to use the language of section 48 of the indian contract act, defendant by failing to get the court's sanction by july 5 had failed to perform his engagement within a reasonable time. i hold ..... for the completion of the conveyance expired in april 1920. but, as time was not of the essence of the contract, it must be taken that no time for the performance was specified within the meaning of section 46 of the indian contract act: that is, the plaintiff's engagement bad to be performed within a reasonable time. a subsidiary question arises as to .....

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Aug 10 1923 (PC)

Karsondas Kalidas Ghia Vs. Chhotalal Moti Chand

Court : Mumbai

Reported in : (1924)ILR48Bom259

..... me doubtful whether such a right. exists in a ease like this falling under the provisions of section 54 of the indian contract act, which expressly enacts that the ipromisor cannot, after a breach on his part, 'claim the performance of the reciprocal promise' cf. sabapathy v. yanmahalinga (1914) 38 mad. 959. but assuming that it does, the fact remains that, after a suit ..... chuckerbutty v. nanda kumar das (1914) 18 c.w.n. 989 that in exercising a discretion under section 22 of the specific relief act, the courts arc not tied clown by the rules laid down in. the indian contract act and by those alone.(2) in exercising its discretion, the court can take into consideration the plaintiffs abandonment of his claim to specific performance ..... the reasonableness of the time fixed by the notice. the case was, therefore, one in which a short period for completion of the contract might reasonably be fixed. to use the language of section 46 of the indian contract act, defendant by failing to get the court's sanction by july 5 had failed to perform his engagement within a reasonable time. i hold ..... for the completion of the conveyance expired in april 1920. but, as time was not of the essence of the contract, it must be taken that no time for the performance was specified within the meaning of section 46 of the indian contract act: that is, the plaintiff's engagement had to be performed within a reasonable time. a subsidiary question, arises as to .....

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Sep 04 1959 (HC)

Sunder Lal Vs. Ram Krishan and anr.

Court : Allahabad

Reported in : AIR1960All544

..... and then file a suit. he could not accept the payment without accepting the condition attached to it. under section 8 of the indian contract act, 'performance of the conditions of a proposal or the acceptance of any consideration for a reciprocal promise which may be offered with a proposal, is an acceptance of the proposal.' this section is based on the principle of ..... a defaulter as regards theamount demanded by the latter. the suit for ejectment was, therefore, subject to the bar of section 3(1)of the control of rent and eviction act and couldnot have been filed without the permission of thedistrict magistrate.5. for these reasons the appeal must succeed. i set aside the decree for ejectment passed against the appellant ..... decisions, in my view no hard and fast rule or technical formula can be laid down about the language of a notice under section 106 of the transfer of property act. the precise words are immaterial provided the notice teminates the tenancy that is, it expresses a clear and unequivocal intention to terminate it. all the surrounding circumstances will be considered .....

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