Court : Kolkata
Reported in : AIR1973Cal268
..... to an end. mr. mukherjee relied upon section 39 of the indian contract act.41. i shall deal with the points raised by mr. mukherjee as hereunder:42. the question is whether section 39 of the indian contract act is attractedsection 39 of the indian contract act provides as follows:'when a party to a contract has refused to perform, or disabled himself from performing, his promise in its ..... entirety, the promisee may put an end to the contract, unless he has signified, by words or conduct, his acquiescence in its ..... petitioner did not make further loan. therefore, it cannot be said that under section 39 of the indian contract act, the petitioner has refused to perform its promise in its entirety. in the premises there is no question of putting an end to the contract by the respondent.46. i also accept the contention of the learned advocate general that in the instance ..... continuance.'43. in order to attract section 39 of the indian contract act. it has to be considered, whether the petitioner has refused to perform its promises 'in its entirety' and whether the respondent has put an end to the contract or has signified by words or conduct its ac-quiescence in its continuance. the mean-ins .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1969Bom221; (1968)70BOMLR788; ILR1969Bom324; 1968MhLJ762
..... high court negatived this contention by pointing out that the agreement was not prohibited by section 28 of the indian contract act and that the appellate court was bound by the rules of justice, equity and good conscience to give effect to it and refuse to allow defendant to proceed with the appeal which he had instituted in contravention of it. the full bench ..... points out that section 28 of the indian contract act incorporates a well recognised rule of english courts which prohibits all agreements purporting to oust the jurisdiction ..... agreement, then the appellant shall not be allowed to proceed with his remedy of this appeal. shri khamborkar in that behalf relies upon the provisions of section 28 of the indian contract act. every agreement by which any party there to is restricted absolutely from enforcing in the ordinary tribunals, is declared void. shri khamborkar urges that the judgment-debtor had a right ..... off the evil day by one month, that could be considered a good consideration for such a contract. this is not a contract which is affected by section 28 of the indian contract act. a distinctions has to be made between contracts which are opposed to public policy or contracts which are ink the nature of bona fide settlement of a dispute or claim. where parties evaluate .....Tag this Judgment!
Court : Delhi
Reported in : 4(1968)DLT93
..... e. the union of india did nto inspect the goods which were actually tendered and yet refused to accept the remaining quantity of goods due under the contract, that in view of the previous in section 56 of the indian sale of goods act and section 73 of the indian contract act, the seller was only entitled by way of compensation to the amount by which the ..... acceptance. obviously the damages can be awarded for the goods which were to be supplied and wrongfully refused and nto accepted by the buyer. the principle of assessment of damages has been laid down under section 73 of the indian contract act. it lays down that when a contract has been broken, the party which suffers from such breach is entitled to receive from the ..... for compensation for loss or damage caused by breach of contract. the relevant portion of section 73 and illustration '(c)' thereof are as follows ..... 56 of the indian sale of goods act and section 73 of the indian contract.(39) section 56 of the indian sale of goods act, 1930, provides for damages foe non-acceptance. it runs as follows :- 'where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may sue him for damages for nonacceptance'.(40) section 73 of the indian contract act, 1872. provides .....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
..... 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 and ..... the period of the contract but will be hit by section 27 of the indian contract act and be void, after the contract is ended. concluding his argument, learned cousel submitted that the division bench correctly held that clause 31(b) of the contract was not merely a clause of first refusal but was in restraint ..... it was submitted by learned senior counsel for the appellant - mr. ashok h. desai that the provision such as the right of first refusal is merely regulatory and not in restraint of trade.facts: ..... this appeal is whether the right of first refusal under clause 31(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. ..... . learned senior counsel for respondent no. 1 submitted that the impugned judgment of the division bench that clause 31(b) is void under the indian contract act is only a prima facie finding at an interim stage. such a submission, according to mr. desai, is only to be stated to be .....Tag this Judgment!
Court : Chennai
Reported in : AIR1953Mad380; (1952)2MLJ785
..... argued by mr. n. rajagopala aiyangar that the rights of the parties must be determined solely with reference to the provisions of the indian contract act; that section 39 requires that when there is a repudiation or refusal to perform by one party, there must be acceptance of that refusal or repudiation by the other party and an election to put an end to the ..... treat the repudiation as wrongful putting an end to the contract and may at once bring his action as on a breach of it. (indian contract act, section 39). but the repudiation which absolves the seller from the performance of conditions precedent must have been made before the due date ..... intention as inoperative, in which case he keeps the contract alive for the benefit of the buyer as well as his own or he may ..... the rule of 'anticipatory breach' in its relation to c. i. f. contract. it is now elementary law that where in a contract for sale of goods a buyer clearly shows his intention not to be bound by it and repudiates the contract it amounts to a breach of the contract (indian contract act, section 120). in such a case the seller may treat the notice of .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1923Bom92; (1922)24BOMLR991
..... contract (ex. b) provides that the goods should be 'in two lots monthly from october approximately.' the first lot of two cases arrived ..... in the goods passed to the defendants, it was competent to the defendants, if the goods were not of the contract shipment, to repudiate the contract and to refuse payment for the goods as the defendants had not accepted the goods within the meaning of section 118 of the indian contract act. the first part of section 118 is as follows:-where here has been a ..... the defendants that the goods were not of the contract shipment, that the property in the goods had not passed to the defendants, and that, even if the property did pass, the goods were not accepted by them within the meaning of section 118 of the indian contract act and the defendants were justified in refusing payment for the goods.12. as regards shipment, the ..... contract, with a warranty, for the sale of goods which, at the time of the contract, were not ascertained or not in existence, and the warranty is broken, the buyer may accept the goods or refuse to accept the goods when tendered .....Tag this Judgment!
Court : Chennai
Reported in : (1910)20MLJ230
..... to complete within the stipulated time, and the lower court, finding that time was of the essence of the contract and that the defendant exercised his option of avoiding the contract under section 55 of the indian contract act on the plaintiffs failure to complete, refused to give the plaintiff specific performance but ordered the defendant to return the deposit of rs. 4,000 paid ..... by the plaintiff at the time of executing the contract of sale, exhibit a, although in such contract it is expressly stipulated that the ..... any damage he may have sustained, though the parties may have expressly stipulated to that effect.41. so these rules of construction were adopted. the question is whether the indian contract act adopted this theory of a fictitious intention to be discovered by these extremely artificial rules of construction, which have perplexed english lawyers themselves, or laid down the simple rule that ..... deposit.28. the other party retained it as the liquidated or estimated damages to be retained by the other.29. these decisions were before or about the time of the indian contract act. in wallis v. smith (1882) 21 ch. d. 243 the plaintiff agreed to deposit, 5,000 by payment to the bankers to the joint account of the plaintiff .....Tag this Judgment!
Court : Mumbai
Reported in : 1999(1)ALLMR389; 1999(1)BomCR393
..... , 22 and 23. admittedly, the third respondent or her husband was a person competent to enter into contract under the indian contract act, 1872 and fulfilled all the requirements of sub-section (1) of section 22 to be eligible to become a member. the society could not refuse admission to the third respondent or her husband who were duly qualified under the provisions of the ..... . broadly speaking, an individual who is competent to enter into a contract under the indian contract act, 1872, is eligible to become a member; subject of course, to certain exceptions carved out in section 22 itself. under section 23 refusal to admit a person who is duly qualified under the provisions of the act and bye-laws to be a member must be supported by sufficient ..... requirement of a member belonging to the kanara saraswat community. under the amendment, as directed, it has been provided that: (a) a person who is competent to enter into contract under the indian contract act, 1872 would be eligible to become a member subject to his fulfilling certain requirements; (b) a minor or a person of unsound mind, inheriting share or interest of the ..... act. the society, however, took shelter under bye-law no. 7 and that has been pleaded as sufficient cause .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1960AP178
..... firmly of the opinion that the plaintiff could have availed himself of the rights available under section 59 of the indian contract act, as in this case clearly there has been a refusal on the part of the defendant to perform his part of the contract which consisted in the fresh proposal which is implied in the language of his registered notice (exhibit a-26 ..... the contract also, the plaintiff is entitled to succeed in having the relief sought for in the plaint ..... nature of the operation of section 39 of the contract act in the circumstances of this case. 12. from the foregoing it follows that having regard to the application of sections 39 and 55 of the indian contract act, we are firmly of the opinion that the refusal of the defendant to perform his part of the contract and the time having been made the essence of ..... 83) has succinctly dealt with the position of equity and law in dealing with section 55 of the indian contract act as follows: 'the law applicable to the point is contained in section 55 of the indian contract act, 1872, which provides that - 'when a party to a contract promises to do a certain thing at or before a specified time, or certain things at or before .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1963MP323
..... if unlawfulness or illegality is even indirectly connected with a perfectly innocent and legal contract, the contract is rendered unlawful or illegal and the court would refuse to enforce such a contract, having in view the provisions of section 23 of the indian contract act, as giving effect to a perfectly legal contract, which is tainted by a collateral illegality or an earlier illegality would render the ..... as also the full bench of this court held that the agreement being rendered unlawful under section 23 of the indian contract act could not be enforced in a court of law and, therefore, specific performance of the contract of sale of shares was refused. we may only observe that the reasoning of the learned judges constituting the full bench would accordingly assist us ..... provisions of section 23 of the indian contract act nugatory. this result the court has to avoid in ..... the plaintiff-appellant might be on the basis of his right as an agent against his principal. we are unable to subscribe to the view that section 222 of the indian contract act can be invoked in favour of the appellant in the present case. therefore, we are of opinion, that the appellant's suit was rightly dismissed by the trial .....Tag this Judgment!