Bare Act Search Results

Indian Contract Act, 1872 Section 56

Title: Agreement to Do Impossible Act

State: Central

Year: 1872

.....A goes mad. The contract becomes void. (c) A contracts to marry B, being already married to C, and being forbidden by the law to which he is subject to practice polygamy, A must make compensation to B for the loss caused to her by the non-performance of his promise. (d) A contracts to take in cargo for B at a foreign port. A's Government afterwards declares war against the country in which the port is situated. The contract becomes void when war is declared. (e) A contracts to act at a theatre for six months in consideration of a sum paid in advance by B. On several occasions A is too ill to act. The contract to act on those occasions becomes void. ______________________ 1 . See section 65, infra.

Indian Contract Act, 1872 Section 34

Title: When Event on Which Contract is Contingent to Be Deemed Impossible, if It is the Future Conduct of a Living Person

State: Central

Year: 1872

If the future event on which a contract is contingent is the way in which a person will act at an unspecified time, the event shall be considered to become impossible when such person does anything which renders it impossible that he should so act within any definite time, or otherwise than under further contingencies. Illustrations A agrees to pay B a sum of money if B marries C, C marries D. The marriage of B to C must now be considered impossible, although it is possible that D may die and that C may afterwards marry B.

Indian Contract Act, 1872 Section 36

Title: Agreement Contingent on Impossible Event Void

State: Central

Year: 1872

Contingent agreements to do or not to do anything, if an impossible event happens, are void, whether the impossibility of the event is known or not to the parties to the agreement at the time when it is made. Illustrations (a) A agrees to pay B 1,000 rupees if two straight lines should enclose a space. The agreement is void. (b) A agrees to pay B 1,000 rupees if B will marry A's daughter C.C was dead at the time of the agreement. The agreement is void.

Indian Succession Act, 1925 Section 136

Title: Result of Legatee Rendering Impossible or Indefinitely Postponing Act for Which No Time Specified, and on Non-performance of Which Subject-matter to Go over

State: Central

Year: 1925

Where a bequest is made with a condition super-added that, unless the legatee shall perform a certain act, the subject-matter of the bequest shall go to another person, or the bequest shall cease to have effect but no time is specified for the performance of the act; if the legatee takes any step which renders impossible or indefinitely postpones the performance of the act required, the legacy shall go as if the legatee had died without performing such act. Illustrations (i) A bequest is made to A, with a proviso that, unless he enters the Army, the legacy shall go over to B. A takes Holy Orders, and thereby renders it impossible that he should fulfil the condition. B is entitled to receive the legacy. (ii) A bequest is made to A, with a proviso that it shall cease to have any effect if he does not marry B's daughter. A marries a stranger and thereby indefinitely postpones the fulfilment of the conditions. The bequest ceases to have effect.

Indian Succession Act, 1925 Section 126

Title: Bequest Upon Impossible Condition

State: Central

Year: 1925

A bequest upon an impossible condition is void. Illustrations (i) An estate is bequeathed to A on condition that he shall walk 100 miles in an hour. The bequest is void. (ii) A bequeaths 500 rupees to B on condition that he shall marry A's daughter. A's daughter was dead at the date of the will. The bequest is void.

Contract Act, 1872 Complete Act

State: Central

Year: 1872

..... (3) by the failure of the acceptor to fulfil a condition precedent to acceptance; or (4) by the death or insanity of the proposer, if the fact of the death or insanity comes to the knowledge of the acceptor before acceptance. SECTION 07: ACCEPTANCE MUST BE ABSOLUTE In order to convert a proposal into a promise, the acceptance must- (1) be absolute and unqualified ; (2) be expressed in some usual and reasonable manner, unless the proposal prescribes the manner in which it is to be accepted. If the proposal prescribes a manner in which it is to be accepted, and the acceptance is not made in such a manner, the proposer may, within a reasonable time after the acceptance is communicated to him, insist that his proposal shall be accepted in the prescribed mariner, and not otherwise; but if he fails to do so, he accepts the acceptance. SECTION 08: ACCEPTANCE BY PERFORMING CONDITIONS, OR RECEIVING CONSIDERATION. 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. SECTION 09: PROMISES, EXPRESS OR IMPLIED. Insofar as the proposal or.....

Indian Contract Act, 1872 Chapter 3

Title: Of Contingent Contracts

State: Central

Year: 1872

.....to such contract, does or does not happen. Illustration A contracts to pay B Rs.10,000 if B's house is burnt. This is a contingent contract. Section 32 - Enforcement of contracts contingent on an event happening Contingent contracts to do or not to do anything if an uncertain future event happens cannot be enforced by law unless and until that event has happened. If the event becomes impossible, such contracts become void. Illustrations (a) A makes a contract with B to buy B's horse if A survives C. This contract cannot be enforced by law unless and until C dies in A's lifetime. (b) A makes a contract with B to sell a horse to B at a specified price, if C, to whom the horse has been offered, refuses to buy him. The contract cannot be enforced by law unless and until C refuses to buy the horse. (c) A contracts to pay B a sum of money when B marries C. C dies without being married to B. The contract becomes void. Section 33 - Enforcement of contracts contingent on an event not happening Contingent contracts to do or not to do anything if an uncertain future event does not happen can be enforced when the happening of that event becomes impossible,.....

Indian Succession Act, 1925 Part 6

Title: Testamentary Succession

State: Central

Year: 1925

.....of determining questions as to what person or what property is denoted by any words used in a Will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such Will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduct to the right application of the words which the testator has used. Illustrations (i) A, by his Will, bequeaths 1,000 rupees to his eldest son or to his youngest grand-child, or to his cousin, Mary; a Court may make inquiry in order to ascertain to what person the description in the Will applies. (ii) A, by his Will, leaves to B "my estate called Black Acre." It may be necessary to take evidence in order to ascertain what is the subject-matter of the bequest; that is to say, what estate of the testator's is called Black Acre. (iii) A, by his Will, leaves to B "the estate which I purchased of C". It may be necessary to take evidence in order to ascertain what estate the testator purchased of C. Section 76 - Misnomer or misdescription of object (1) Where the words used in a Will to.....

Indian Contract Act, 1872 Chapter 4

Title: Of the Performance of Contracts

State: Central

Year: 1872

.....must be performed within a reasonable time. Explanation.The question "what is a reasonable time" is, in each particular case, a question of fact. Section 47 - Time and place for performance of promise, where time is specified and no application to be made When promise is to be performed on a certain day, and the promisor has undertaken to perform it without application by the promisee, the promisor may perform it at any time during the usual hours of business on such day and at the place at which the promise ought to be performed. Illustration A promises to deliver goods at B's warehouse on the first January. On that day A brings the goods to B's warehouse, but after the usual hour for closing it, and they are not received. A has not performed his promise. Section 48 - Application for performance on certain day to be at proper time and place When a promise is to be performed on a certain day, and the promisor has not undertaken to perform it without application by the promisee, it is the duty of the promisee to apply for performance at a proper place and within the usual hours of business. Explanation. The question "what is a proper time and place" is, in.....

Succession Act, 1925 Complete Act

State: Central

Year: 1925

.....of determining questions as to what person or what property is denoted by any words used in a will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduce to the right application of the words which the testator has used. SECTION 76: MISNOMER OR MISS DESCRIPTION OF OBJECT (1) Where the words used in a will to designate or describe a legatee or a class of legatees sufficiently show what is meant, an error in the name or description shall not prevent the legacy from taking effect. (2) A mistake in the name of a legatee may be corrected by a description of him, and a mistake in the description of a legatee may be corrected by the name. SECTION 77: WHEN WORDS MAY BE SUPPLIED Where any word material to the full expression of the meaning has been omitted, it may be supplied by the context. SECTION 78: REJECTION OF ERRONEOUS PARTICULARS IN DESCRIPTION OF SUBJECT If the thing which the testator intended to bequeath can be sufficiently identified.....