Court : Delhi
Reported in : 2006(3)ARBLR118(Delhi); 2006(2)CTLJ57(Del); 131(2006)DLT681
..... my view, thereforee, the non-solicitation clause does not amount to a restraint of trade, business or profession and would not be hit by section 27 of the indian contract act, 1872 as being void.49. however, the question that arises is what happens when the respondent has solicited and/or induced or encouraged employees of the petitioner to leave and/or resign ..... the supreme court:(a) whether a post-service restrictive covenant in restraint of trade as contained in clause (10) of the service agreement between the parties is void under section 27 of the indian contract act? and(b) whether the said restrictive covenant, assuming it to be valid, is on its terms enforceable at the instance of the appellant-company against the respondent ..... that the agreement between the parties prohibiting the defendant for two years from taking employment with any present, past or prospective customer of the plaintiff is void and hit by section 27 of the indian contract act. this stipulation was prima facie against public policy of india and an arm-twisting tactic adopted by an employer against a young man who was looking ..... other competitor, supplier or customer of the other party, would be hit by section 27 of the indian contract act as being in restraint of the trade, business or lawful profession. section 27 of the indian contract act, 1872 reads as under:27. agreement in restraint of trade, void.every agreement by which any one is restrained from exercising a lawful profession, trade or business of .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1930Bom185; (1930)32BOMLR43
..... of any other circumstances, be stayed pending the decision of that court.10. then, it is contender that under section 28 of the indian contract act this clause is void because it excludes absolutely the jurisdiction of the courts. but, turning to the clause excluding jurisdiction, the material portion of it commences with the ..... are not bound to refer the dispute to a particulai tribunal, such a clause does not amount to a submission under section 2 of the indian arbitration act.7. now, it has been held that clauses in the nature of the clause in question amount, where there is a mutuality, to ..... proper care by the defendant steamship company of the said goods.3. the defendant company took out a summons under section 19 of the indian arbitration act praying for a stay of the suit by virtue of a clause in the bill of lading, which, they stated, provided for an ..... part of it that the stipulation is void 'to that extent'.11. the only remaining contention advanced by the respondent is that on a consideration of all the facts of the case the stay should be refused. now, under' section 19 of the indian arbitration act the ' onus' is on the ..... contract and 1 quite understand that with reference to other disputes than those which consist of claims by the consignors or consignee, against the company, there is no special tribunal provided to which those disputes may be referred.9. i have come to the conclusion that the clause is a valid submission under section 2 of the indian arbitration act .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2004(3)ALD639; 2004(4)ALT122
..... single judge that even if the plaintiffs possession is proved, it is unlawful violating the law and the rule of assignment thereby becoming repugnant to section 23 of the indian contract act making it void conferring no right on her. the learned single judge referred to the history leading to the enactment of the andhra pradesh board of revenue standing orders, which were issued ..... the plaintiff established her possession and enjoyment over the suit schedule property on the date of filing the suit, the d.k.t, patta granted in her favour itself is void and unenforceable, and following the decision referred to supra, refused to grant permanent injunction. in appeal, the learned senior civil judge confirmed the findings of the learned junior civil ..... the jurisdiction, powers and duties transferred and vested in and exercised by the commissioner concerned by virtue of section 3 of the andhra pradesh board of revenue (replacement by commissioners) act, 1977. the learned single judge also referred to various judgments on the question whether the board standing orders have the force of law or not and observed that the board ..... koneru was impossible or improper as found from the commissioner's report. the learned single judge also observed that the learned junior civil judge was totally justified in law in acting upon the report of the commissioner and the field measurement book as evidence and in drawing inferences against the plaintiff. on the other hand, the learned senior civil judge, .....Tag this Judgment!
Court : Rajasthan
Reported in : 1985(1)WLN11
..... a sale in contravention of the proviso to section 42 being forbidden by law, within meaning of section 25 of the indian contract act is void and not enforceable in law. the sale in question in that case was held to be void and not merely voidable. in this view of the matter there is no force in the contention of mr. bardhar ..... courts failed to consider that the transaction of sale made by a member of scheduled caste in favour of a person not belonging to the same caste, was declared void only with effect from may 1, 1964, while the sale in favour of the petitioners was effected on september 13. 1963 and as such the provision of section ..... that such sale being unregistered it conferred no khatedari rights in favour of the defendants and in any case such sale was also void as the same was in violation of section 42 of the act it was also held that even if the defendants may be found in possession of the land in question prior to coming into ..... to any person, who is not a member of a scheduled caste or a scheduled tribe. but now by act no. 12 of 1964 which came into force on may 1, 1964 such transaction has been held to be void, if it is made by a member of scheduled caste in favour of a person who is not a member ..... of scheduled caste or by a member of scheduled tribe in favour of a person who is not a member of scheduled tribe. the above amendment by act no. 12 of 1964 though .....Tag this Judgment!
Court : Mumbai
Reported in : (1937)39BOMLR990
..... agreement made between the widow and her children with the result that it was good so far as regards the children who were of age and wholly void under the indian contract act (section 11) as regards the four who were minors.14. upon a question whether an oral statement amounted to a will the greatest care must ..... but this contention in their lordships' opinion is erroneous. it was argued before both courts in india that the wakfama of january 28, 1922, was wholly void by reason that musammat azmat-un-nisa had provided for herself as mutwalli an allowance of rs. 600 per annum and for other mutwallis rs. 300 per annum ..... minor sons, who on coming of age had refused assent as heirs to this bequest, could change their minds and by assenting make valid what had been void and even sweep away securities granted by themselves. their lordships must not be taken to accept this opinion. it was contended that if the compromise of may ..... possibility may be discarded. the approach of death made it necessary for mir fida husain to do something and yet impossible to complete anything by his own act. in this dilemma what did he do?12. their lordships cannot agree with the chief court that what he is proved to have said can be ..... enterprise as might benefit students of the asna ashari sect.8. a wakf-alal-aulad having thus been made of mir fida husain's property, it was acted on for two years, more or less; but on october 21, 1924, five of the sons sued the widow' and the sixth brother for cancellation of .....Tag this Judgment!
Court : Kerala
Reported in : 2004(3)KLT599
..... gaming house in the territories subject to the lieutenant governor of bengal. lottery has been, since 1870 made an offence under section 294a of the indian penal code. gambling agreements have been declared to be void under the indian contract act, 1872 (section 30), this, in short, is how gambling is viewed in india .......................................................(42) it will be abundantly clear from the foregoing observations ..... anything is staked it is gambling, which is expressly prohibited in the koran; or if on the other hand, nothing be hazarded it is useless and vain. the wagering contracts of the type which formed the subject-matter of the case of ramloll v. soojunmull (4 moo ind app 339 (pc)(y)) and was upheld by the privy council ..... statistics also reveal yet another shocking state of affairs as to how by a clever invention, the state governments themselves are deliberately setting at nought the objects of the 1998 act. taking cognizance of the evil effects of the temptation offered by the single-digit and instant lotteries, especially on the poor gullible daily-wagers and low-income groups, ..... before the respective police stations, for taking action against the petitioner and others, for violating the provisions of section 4 and thereby committing an offence under section 7 of the act. investigation is not completed in those cases. therefore, seizure of the computer and other machinery, used for the sale of tickets, is absolutely necessary. they are material objects .....Tag this Judgment!
Court : Allahabad
Reported in : (1898)ILR20All241
..... the agreement on the face of it was clearly to defeat the provisions of that section, and the agreement was therefore, under the provisions of section 23 of the indian contract act, unlawful and void. in the following year daulat ram sued anwar husen to recover rent at the rate agreed upon. the suit was dismissed by the assistant collector, but on appeal was ..... defendant's possession was that of sub-tenants. this was clearly a suit of which the cognizance was barred by section 95, clause (a) of the north-western provinces bent act. in the second pull bench case, the settlement court had entered the defendants as tenants at fixed rates and the plaintiffs as mortgagees of the holding. the plaintiffs asked for ..... declaring that the plaintiffs were and the defendants were not the tenants at fixed rates of the holding in question, it would be exercising a jurisdiction which section 241 of act no. xix of 1873 prohibits the civil courts from exercising.5. in this case it may be true that the ultimate result of the decree which the plaintiff obtained will ..... it declared that the kabuliat was not binding upon him. if ha could bring such a suit, there is no provision, so far as i can see, in the rent act by which a revenue court could entertain it; it would necessarily lie, therefore, in the civil court. in this case the tenant has executed a kabuliat by which he undertook .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)
..... the section 4 of the tp act, which stipulates that the provisions of the tp act relating to contract shall be taken as part of the indian contract act, 1872, a reference need to be made to relevant provisions of the contract act. the indian contract act is not a complete code dealing with law of ..... challenging the sale deed which he has executed and which is registered by the sub-registrar.12. section 23 of the indian contract act, 1872 (hereinafter referred to as 'the contract act') is applicable to the present controversy. it lays down that an agreement is void if it deviates from the provisions of any law. it further lays down that consideration or object of an agreement ..... (otherwise than as contemplated under section 7 of the tp act) must be treated as void. likewise, if a transferee reserves power to himself to revoke the transfer, such transfer/sale is not rendered void (in view of sections 10 and 11) but the transferor can even revoke the sale deed without going to any court.indian contract act : void transfers:23. before dealing further having regard to .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1958Cal713,63CWN258
..... disclose or plead its illegality to sustain his cause of action.(3) an agreement the object or consideration of which is unlawful as defined by section 23 of the indian contract act is unlawful and void.(4) in general a particeps criminis cannot obtain refund of money paid under an unlawful agreement.(5) in english law (a) a completed transfer of property made under ..... fraud and illegality.95. an agreement the object or consideration of which is unlawful within the meaning of section 23 of the indian contract act is by that section made unlawful and void.96. paragraph 2 of section 56 of the indian contract act allows relief to the promisee who did not know the promise to be unlawful against the promisor who knew or with reasonable diligence ..... held, therefore, that a gift made out of gratitude for, or with the idea of compensating past cohabitation is not per se void under section 6(h)(2) of the transfer of property act read with section 23 of the indian contract act. but the more important consideration discussed in that judgment by lokur, j. is where his lordship lays down at page 203 that ..... respondent. that again is a fraudulent conveyance turning on the question of benami transaction and did not relate to the effect' of void transfer under section 6(h)(2) of the transfer of property act read with section 23 of the indian contract act. mr. ghose on behalf of the respondents also cited the case of bigos v. bousted, 1951-1 all er 92 (o .....Tag this Judgment!
Court : Patna
..... 14 of the constitution of india; (d) the agreement came into existence because of misrepresentation of facts by the swetambar: (e) the agreement is void under the provisions of indian contract act, indian forest act and bihar land reforms act; (f) the contract is illegal for the reasons that it opposes and is against the public policy and public interest and caused impediment in enforcing the public policy ..... at page 26-27 (bell v. lever bros.) 200. according lo mr. eqbal. the agreement of 1965 i.s not only against the provisions of the indian forest act and bihar land reforms act hut also void under the indian contract act. as the same is based on misrepresentation, wrong assumption of facts and totally against the public policy. in (1977) 2 scc 424 : (air 1977 sc ..... 536) mannalal khelan v. kedar nath khetan), the apex court has enunciated the law that if the contract is prohibited by the statute and is against public policy then .....Tag this Judgment!