Court : Mumbai
Reported in : 2003(4)ALLMR594; 2003(6)BomCR846; 2004(1)CTLJ506(Bom); 2003(4)MhLj451
..... the agent by renouncing his authority (vide section 201 of the indian contract act) unless such revocation is prohibited under section 202 of the indian contract act or any other law. just as any contract though termed as irrevocable in the instrument of contract can be rescinded for a breach, a power of attorney which is a contract of agency can also be terminated for a breach unless such ..... termination is prohibited under section 202 of the indian contract act or any other law. ..... . hence, an interest was created in the suit property in favour of the defendant no. 3 and therefore, the power of attorney was irrevocable under section 202 of the indian contract act. in my opinion, no interest was created in the suit properties but, the agents were authorised to construct buildings and create an interest in the buildings to be constructed by ..... undoubtedly be agent of the plaintiff. as an agent, mr. mehta is bound to follow the instructions of his principal i.e. the plaintiff under section 201 of the indian contract act.'re point no. 414. injunction is a discretionary relief and before the court grants it, the court must be satisfied that the plaintiff has strong a prima facie case and .....Tag this Judgment!
Court : Kolkata
..... 8.2003 was sent by the insurer in the name of the insured after his death. mr. gupta further submits that under section 4 of the indian contract act a revocation becomes complete as against the person to whom it is made only when it comes to his knowledge. there is nothing on record to show that ..... such cancellation. such cancellation subsequent to the death of the insured is of no consequence in the eye of law. section 4 of the indian contract act makes it clear that a revocation is complete as against a person to whom it is made only when it comes to the knowledge of that person. there is nothing ..... the insurance policy was not complied with before such cancellation of the policy.16. we also find from the provision of section 3(c) of the indian post office act, 1898 that the word 'delivery' means the delivery of an article at the house or office of the addressee or to the addressee or to ..... supreme court reported in : 1scr740 (nitin r. kantawala v. union of india). in the said judgment the provision of section 3 of the indian post office act was taken into consideration and it was held as follows:under section 3(c) it is permissible to make delivery of the postal article at the house ..... delivering postal articles to the addressee, shall be deemed to be delivery to the addressee.12. the perusal of the said section of 3(c) of indian post office act makes it clear that 'delivery' means the delivery of a postal article at the house or office of the addressee, or to the addressee or .....Tag this Judgment!
Court : Mumbai Aurangabad
..... roads or railways. definition of term ??communication ? as per indian contract act :- section 3 of indian contract act :- communication, acceptance and revocation of proposals : the communication of proposals, the acceptance of proposals, and the revocation of the proposals and acceptance, respectively, are deemed to be made by any act or omission of the party proposing, accepting or revoking by ..... which he intends to communicate such proposal, acceptance, or revocation or which has the effect of communicating it. section 4 of the indian contract ..... in common parlance that the communication must reach the person to whom it is addressed, as can be seen from the definition of said term in the indian contract act, as well as, in the dictionary, will have no application. 63] it would appropriate to refer to the meaning and definition :meaning as per concise ..... as required under section 3(1)(a)and (b) of the ??disqualification act ? and the declaration signed by each member under rule 4 of the ??disqualification rules ? , were submitted before collector, by all six elected members belonging to indian national congress party. [e] by these declarations, all these councilors have declared .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2000(4)ALD510; 2000(4)ALT402
..... abstinence, he is said to make a proposal. the word 'proposal' is synonymous in english use with 'offer'. section 5 of the indian contract act deals with revocation of proposals and acceptances. section 5 states that a proposal may be revoked at any time before the communication of its acceptance is completed as against the proposer, but not ..... , whether such a situation emerged otherwise by force of the provisions of the indian contract act and/or article 299 of the constitution of india which conjointly govern the government contracts.11. though a government contract is a species of the genus contract and is governed by the same law of contract, i.e., the indian contract act, yet it is a thing apart, a class by itself, calling for ..... the offer of the 5th respondentmade in the first call tender was never revoked at any point of time before the impugned contract was awarded to the 5th respondent in terms of the provisions of section 6 of the indian contract act, and on the other hand, the offer made by the 5th respondent in pursuance of the first call tender was kept alive ..... special and distinct consideration. as the contract involves public interest and public finance is affected, it is .....Tag this Judgment!
Court : Kolkata
Reported in : AIR2007Cal234
..... cancelling the policy. the insurer's evidence is that it may not have been received by the insured.15. under section 4 of the indian contract act a revocation is complete as against the person to whom it is made only when it comes to his knowledge. there is nothing to show that ..... to hold that the policy was cancelled during the existence of the life assured. the requirement of section 65 of the contract act was also not complied with in this case. the said section provides as follows:when an agreement is discovered to be void, or when a ..... 14 to all executive actions of the state being settled and for the same reason its applicability at the threshold to the making of a contract in exercise of the executive power being beyond dispute, the state cannot thereafter cast off its personality and exercise unbridled power unfettered by the ..... to examine the unreasonableness of a term in such contracts where the bargaining power is unequal so that these are not negotiated contracts but standard form contracts between unequals. xxx.unlike the private parties the state while exercising its powers and discharging its functions, acts indubitably, as is expected of it, for public ..... which militates against the concept of requiring the state always to so act, even in contractual matters. this factor alone is sufficient to import at least the minimal requirements of public law obligations and impress with this character the contracts made by the state or its instrumentality. it is a different matter .....Tag this Judgment!
Court : Chennai
Reported in : AIR1968Mad333
..... an interest in the exercise of it or has a special property in, or lieu for advances upon, the subject-matter thereof......' s. 202 of the indian contract act itself runs in these terms: 'where the agent has himself an interest in the property which forms the subject-matter of the agency, the agency cannot, ..... no bearing on the issue whether ex. a-1, the power-of-attorney, is by itself an irrevocable power within the meaning of s. 202 of the indian contract act on the ground that it is coupled with interest.(7) bowstead, in his book on 'agency', 12th edn., has stated the formula in such cases in ..... by virtue of the fact that ex. a-1 purports to give the agent an agency, which is irrevocable within the meaning of s. 202 of the indian contract act, the principal, in such circumstances, cannot revoke the vakalat given in favour of the advocate appointed by the agent.(6) the agent has been appointed only ..... in his favour, it is irrevocable as it should be deemed to be and is coupled with an interest within the meaning of s. 202 of the indian contract act.(3) the primary question argued before me is whether such an agency as contemplated in ex. a-1, which is the power-of-attorney is irrevocable.( ..... in the absence of an express contract, be terminated to the prejudice of such interest.'even on a reading of the section it cannot be said that in the instant case the agent has .....Tag this Judgment!
Court : Supreme Court of India
..... the bank guarantee and/or enforcing the bid security, there is no statutory right, exercise of which was being fettered. there is no term in the contract which is contrary to the provisions of the indian contract act. the indian contract act merely provides that a person can withdraw his offer before its acceptance. but withdrawal of an offer, before it is accepted, is a completely different ..... petitioner not honouring the commitment. however, we cannot agree with the view taken by the high court. it is true that as per section 5 of the indian contract act, 1872 (hereinafter referred to as the act ), a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer. it is also true that before receipt ..... to ensure that a contract comes into existence. it would be an anomalous situation that a person who, by his own conduct, precludes the coming into existence of the ..... will be forfeited for not entering into contract or if some act is not performed, then even though he may have a right to withdraw his offer, he has no right to claim that the earnest/security be returned to him. forfeiture of such earnest/security, in no way, affects any statutory right under the indian contract act. such earnest/security is given and taken .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1977SC774; (1977)3SCC247; 2SCR341
..... conferred it is agency coupled with interest under section 202 of the indian contract act. the agency cannot be revoked without payment to mortgagee. third, if the power is acted upon, revocation even on payment cannot nullify acts pursuant to powers. reliance was placed on sections 203 and 204 of the indian contract act. fourth, if the act done pursuant to power is that the property is put up for ..... sale and it is knocked down it is an act done by the mortgagee for mortgagor. in other words ..... it is as if an act done by the mortgagor ..... . the sale pursuant to the power is a subsequent act within the meaning of .....Tag this Judgment!
Court : Mumbai
Reported in : 41CompCas377(Bom); 41ITR377(Bom)
..... . now, i fail to see why either of these two forms of revocation should be rejected. a proxy holder is merely an agent of a shareholder to vote at a particular meeting. under section 203 of the indian contract act, 1872, except where an agent has an interest in the subject-matter ..... of the agency, the principal may revoke the authority given to his agent at any time before the authority has been exercised so as to bind the principal, and under section 207, revocation may either ..... adverse interest. directors stand towards the company in a fiduciary position in india this fiduciary character has received statutory recognition in section 88 of the indian trusts act, 1882. the reason underlying this rule is that the company has a right to the unbiased voice, advice and collective wisdom of its directors ..... the firm of messrs daphtary, ferreira and diwan filed with the registrar of companies, bombay, a declaration of compliance with the provisions of the indian companies act, 1913. further, the solicitor-director has been a director of track private ltd. since 1951 and holds more than 20 per cent. of ..... with fine which may extend to five thousand rupees.' 23. sections 299 and 300 reproduce the provision of section 91a and 91b of the indian companies act, 1913, with certain changes. i have indicated by means of underlining the material difference between the old sections and the new sections. the .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1944Bom166; (1944)46BOMLR279
..... whether the authority of the appellants' agency is irrevocable. but if it is revocable, then it is contended on behalf of the appellants that it is only terminable on the reasonable notice, see section 206 of the indian contract act, and it is further submitted that reasonable notice should be three years. at the ..... as claimed by them.34. the last question is in respect of the notice to be given to the appellants. under section 205 of the indian contract act, where an agent is employed for a feed period, the law provides for the consequences of not keeping him for the period. section 206 provides ..... exceptional cases only the authority is irrevocable. one such case is when the agent has an interest in the agency. that is recognised by the indian contract act also. it was argued that in the present case as dhunjibhoy medora had to spend his own money to build and develop the business in ..... include an individual or an unincorporated body or a limited company, and whether such entity answered the definition of 'insurance agent' as given in the act or not. contracts of such parties were saved by this saving clause, provided they were made before january 27, 1937.31. section 44, in my opinion, is ..... section 44. in my opinion this is important because at that time the legislature had considered the case of parties whose contracts were liable to be adversely affected by the act which was brought into force recently. it is difficult to believe that at that time they had not before their mind .....Tag this Judgment!