Skip to content


Bare Act Search Results

Home Bare Acts Phrase: stipulation

Indian Contract Act, 1872 Section 74

Title: Compensation for Breach of Contract Where Penalty Stipulated for

State: Central

Year: 1872

.....loan of Rs.1,000 by five equal monthly instalments, with a stipulation that, in default, of payment of any instalment the whole shall become due. This stipulation is not by way of penalty, and the contract may be enforced according to its terms. (g) A borrows Rs.100 from B and gives him a bond for Rs.200 payable by five yearly instalments of Rs.40, with a stipulation that, in default of payment of any instalment, the whole shall become due. This is a stipulation by way of penalty.] _________________________ 1. Substituted by Act 6 of 1899, section 4, for the first paragraph of section 74. 2. Added by Act 6 of 1899, section 4 3. Substituted by the A.O. 1937, for "Government of India". 4. Inserted by the A.O. 1950, for "Provincial Government".

View Complete Act      List Judgments citing this section

Sale of Goods Act, 1930 Section 11

Title: Stipulations as to Time

State: Central

Year: 1930

Unless a different intention appears from the terms of the contract, stipulations as to time of payment are not deemed to be of the essence of a contract of sale. Whether any other stipulation as to time is of the essence of the contract or not depends on the terms of the contract.

View Complete Act      List Judgments citing this section

Merchant Shipping Act, 1958 Complete Act

State: Central

Year: 1958

.....in 1867, 1882andagain in 1893and 1896 but all these attempts failed owing to legal and constitutional difficulties.Two of the principal contributory factors were the then limited powers of the Indian Legislature to legislate regarding shipping and the fact that part of the British Statute law on the subject, including parts of the Merchant Shipping Act, 1894, which is the principal United-Kingdom enactment on the subject, applied to Indian and any Indian enactment had to be in legal harmony with that law. A fresh attempt was made in 1921-22 to codify the Indian law on merchant shipping by the Statute Law Revision Committee, which decided that only consolidation, and not revision should be attempted immediately. The result was the Indian Merchant Shipping Act, 1923, which is now on the Statute Book and which consolidated some 21 existing Indian Acts on the subject. This Act has also been amended from time to time, the two major amendments being those made in 1933 and in 1953 so as to take power to implement the provisions of the international conventions with respect to load lines, 1930, and with respect to safety of life at sea, 1948, respectively, which have been ratified by.....

List Judgments citing this section

Maharashtra Right To Public Services Act, 2015 Complete Act

State: Maharashtra

Year: 2015

.....notice. In case no such representation is received by the Competent Authority within the specified period or explanation received is not found satisfactory, the Competent Authority shall proceed with the departmental inquiry as laid down in the Conduct and Disciplinary Rules of the Public Authority : Provided that, if the Competent Authority finds reasonable and justified grounds in favour of the Designated Officer and comes to the conclusion that the delay in delivery of services to the eligible person was not attributable to him, but was attributable to some other Designated Officer, it shall be lawful for the Competent Authority to withdraw the notice against him. (3) While fixing the responsibility on such Designated Officer under this Act, the Competent Authority shall follow the principles of natural justice before passing the order in that respect and give reasonable opportunity of being heard to the Designated Officer. Constitution of Maharashtra State Right to Service Commission 13. (1) The State Government shall, by notification in the Official Gazette, constitute for the purposes of this Act, a Commission to be called as the Maharashtra State Commission for Right to.....

List Judgments citing this section

Preference Shares (Regulation of Dividends) Act, 1960 Complete Act

State: Central

Year: 1960

.....and expressions used but not defined in this Act and defined in the Companies Act shall have the meanings respectively assigned to them in that Act SECTION 03: REGULATION OF DIVIDENDS ON PREFERENCE SHARES IN CERTAIN CASES (1) Where the stipulated dividend in respect of a preference share of a company issued and subscribed for before the 1st April, 1960,- (a) is specified to be free of income-tax and no deduction is made therefrom on account of the income-tax payable by the company, or (b) was being paid before the 1st April, 1960, without any deduction there- from on account of the income-tax payable by the company, notwithstanding the absence of any specification that the dividend would be free of income-tax, every such share shall, as respects dividends declared after the commencement of this Act, carry a preferential right to be paid without any deduction aforesaid such amount as would exceed the stipulated dividend by thirty per cent thereof. (2) Where the stipulated dividend in respect of a preference share of a company issued and subscribed for after the 31st March, 1959, and before the 1st of April, 1960, is free of income-tax and the company, besides paying the.....

List Judgments citing this section

Delhi Gazette Extraordinary Complete Act

State: Delhi

Year: 2011

.....case no such representation is received by the competent officer within the prescribed period or the explanation received, if any, is not found satisfactory, the competent officer shall be entitled to issue debit note directing such defaulting government servant either to deposit the cost as stipulated in the debit note or directing the accounts officer concerned to debit the salary of such Government servant for the amount as mentioned in the debit note: Provided that if the competent officer finds reasonable and justified grounds in favour of such Government servant and comes to the conclusion that the delay in the delivery of services to the citizen was not attributable to him but was attributable to some other Government servant, it shall be lawful for the competent officer to withdraw the notice against him and issue fresh show-cause notice to such other Government servant as found responsible for the delay and shall follow the procedure mutatis-mutandis as stipulated in this sub-section and sub-section (1) of this Section. (3) While fixing the liability under this Act, the competent officer shall follow the principles of natural justice before passing the order in that.....

List Judgments citing this section

Merchant Shipping Act, 1958 Part VII

Title: Seamen and Apprentices

State: Central

Year: 1958

..... (4) Every such contract made in India and every assignment, alteration or cancellation thereof, and where the apprentice bound dies or deserts the fact of the death or desertion shall be recorded in the manner specified in section 93. Section 93 - Manner in which contract is to be recorded For the purpose of the record (a) the master or owner of the ship to whom an apprentice to the sea service is bound shall transmit the contract executed in duplicate within seven days of the execution thereof, to the shipping master, who shall record one copy and endorse on the other the fact that it has been recorded and redeliver it to the master or owner; (b) the master or owner shall notify any assignment or cancellation of the contract and the death or desertion of the apprentice to the shipping master, within seven days of the occurrence, if it occurs within India, or as soon as circumstances permit, if it occurs elsewhere. Section 94 - Production of contracts to authorised person before voyage in ship (1) The master of a ship shall, before carrying an apprentice to sea from a port in India, cause the apprentice to appear before the shipping master before whom the crew are.....

View Complete Act      List Judgments citing this section

Indian Contract Act, 1872 Chapter 6

Title: Of the Consequences of Breach of Contract

State: Central

Year: 1872

.....caused to B by the closing of the mill. (q) A contracts to sell and deliver to B, on the first of January, certain cloth which B intends to manufacture into caps of a particular kind, for which there is no demand, except at that season. The cloth is not delivered till after the appointed time, and too late to be used that year in making caps. B is entitled to receive from A, by way of compensation, the difference between the contract price of the cloth and its market price at the time of delivery, but not the profits which he expected to obtain by making caps, nor the expenses which he has been put to in making preparation for the manufacture. (r) A, a ship-owner, contracts with B to convey him from Calcutta to Sydney in A's ship, sailing on the first of January, and B pays to A, by way of deposit, one-half of his passage-money. The ship does not sail on the first of January, and B, after being in consequence detained in Calcutta for some time and thereby put to some expense, proceeds to Sydney in another vessel, and, in consequence, arriving too late in Sydney, loses a sum of money. A is liable to repay to B his deposit, with interest, and the expense to which he is put.....

View Complete Act      List Judgments citing this section

Preference Shares (Regulation of Dividends) Act, 1960 Section 3

Title: Regulation of Dividends on Preference Shares in Certain Cases

State: Central

Year: 1960

.....the stipulated dividend in the cases refereed to in sub-section (1), or (ii) by eleven per cent of the stipulated dividend in the cases referred to in sub-section (3). (5) For the purposes of sub-section (1), sub-section (3) and sub-section (4), any reference therein to the stipulated dividend shall, in respect of a preference share issued and subscribed for on or before the 31st March, 1959, be construed as a reference to the stipulated dividend as on that day. (6) For the removal of doubts, it is hereby declared that nay reference in this section and section 4A to deduction made form a dividend on account of income-tax payable by the company does not include nay amount deducted by the company from the dividend under Section 194 of the Income-tax Act, 1961 (43 of 1961).

View Complete Act      List Judgments citing this section

The Delhi (Right of Citizen to Time Bound Delivery of Services) Act, 2011 Complete Act

State: Delhi

Year: 2011

.....case no such representation is received by the competent officer within the prescribed period or the explanation received, if any, is not found satisfactory, the competent officer shall be entitled to issue debit note directing such defaulting government servant either to deposit the cost as stipulated in the debit note or directing the accounts officer concerned to debit the salary of such government servant for the amount as mentioned in the debit note: Provided that if the competent officer finds reasonable and justified grounds in favour of such government servant and comes to the conclusion that the delay in the delivery of services to the citizen was not attributable to him but was attributable to some other government servant, it shall be lawful for the competent officer to withdraw the notice against him and issue fresh show cause notice to such other government servant as found responsible for the delay and shall follow the procedure mutatis-mutandis as stipulated in this sub-section and sub-section (1) of this section. (3) While fixing the liability under this Act, the competent officer shall follow the principles of natural justice before passing the order in that.....

List Judgments citing this section

  • << Prev.

Sign-up to get more results

Unlock complete result pages and premium legal research features.

Start Free Trial

Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //