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Hukmi Chand Vs. Jaipur Ice and Oil Mills Co. and ors.

Court : Rajasthan

Subject : Commercial

Acts : Contract Act, 1872 - Sections 27; Partnership Act, 1932 - Sections 36, 54, 55 and 55(3); Evidence Act, 1872 - Sections 101 to 104; Transfer of Property Act, 1882 - Sections 40

Reported in : AIR1980Raj155; 1980()WLN200

reasonable or not, we will like to deal with the law codified in Section 27 of the Indian Contract Act, 1872 (hereinafter referred to as the Contract Act) and Sections 36, 54 and 55 of the Indian Partnership Act,

Pure Pharma Limited Vs. Union of India (Uoi)

Court : Delhi

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 55, 55(2), 73 and 74; Arbitration and Conciliation Act, 1996 - Sections 34

Reported in : 2008(3)ARBLR57(Delhi); 2008(105)DRJ194

and, thereforee, the clause of liquidated damages cannot be invoked in view of Section 55(2) of the Indian Contract Act, 1872, unless and until the exact extent of the loss is proved.4. The third and main ground taken by

Shri Kuldip Gandotra Vs. Shri Shailendra Nath Endlay and anr.

Court : Delhi

Subject : Contract

Acts : Contract Act, 1872 - Sections 55; ;Evidence Act, 1872 - Sections 92; Specific Relief Act, 1963 - Sections 16

Reported in : AIR2007Delhi1; 2006(2)CTLJ183(Del); 2006(91)DRJ26

the contract became voidable at the option of the defendants in terms of Section 55 of the Indian Contract Act, 1872 and by sending the letter dated 27.07.2004 (Exhibit-P-3), the defendants exercised this option and rescinded the contract and

Saradamani Kandappan Vs. S. Rajalakshmi and ors.

Court : Supreme Court of India

Subject : Property

Acts : The Contract Act 1872 - Sections 55, 30, 52, 51, 53, 54; Transfer of Property Act - Sections 55, 34 ;The Bombay Rents, Hotel and Lodging House Rates Control Act 1947 - Sections 5, 7, 12

Reported in : AIR 2011 SC 3234

amounts to breach of contract. They submit that High Court had failed to apply section 55 of the Contract Act, 1872. Section 55 of Contract Act deals with the effect of failure to perform at a fixed time, in contract in … at 12% per annum from 2.8.1981 to date of payment. [R.V. Raveendran; K.S. Panicker Radhakrishnan, JJ.] - The Contract Act 1872 - Section 55 -- The appellant contends that time is not the essence of the agreement of sale dated 17.1.1981.  Section

Tadepalli Kutumba Rama Sastry Vs. Seetepalli Dakshina Murthy and ors.

Court : Andhra Pradesh

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 38, 39 and 55

Reported in : AIR1960AP178

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

National thermal Power Corporation Ltd. Vs. Wig Brothers Builders and ...

Court : Delhi

Subject : ContractArbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 8(2), 8(3), 11, 12, 13, 16, 18, 19(3), 28(3), 31 and 34; Arbitration Act, 1940 - Sections 4, 11, 11(6), 12, 12(3), 13, 13(2), 16, 16(1), 19, 19(3) and 31(7); Indian Contract Act, 1872 - Sections 28, 28(1), 53, 54, 55 and 70; Evidence Act, 1872; Code of Civil Procedure (CPC) , 1908

Reported in : 160(2009)DLT642

by the petitioner, which disentitled the petitioner to claim compensation in terms of Section 55 of the Indian Contract Act, 1872;b. Refusal by the petitioner to furnish any details in respect of its claim for liquidated damages;c. Non-production of

Koyana Suryanarayana Reddy Vs. C. Chellayyamma

Court : Andhra Pradesh

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 55 and 64; Specific Relief Act, 1963 - Sections 9

Reported in : AIR1989AP276

of decree at 6% per annum. (i) Contract - cancellation of contract - Sections 55 and 64 of Contract Act, 1872 - suit filed for specific performance of agreement of sale executed by defendant - suit decreed - defendant … the contracting parties by issuing a notice requiring the contract to be performed in a reasonable time. Vide Section 55 of the Indian Contract Act, 9 of 1872. In this case, whatever might be the original intention of

Radhabai Vs. Arunagiri,

Court : Chennai

Subject : CivilContract

Acts : Union Territories Act - Sections 55; Transfer of Property Act - Sections 3, 54 and 105; Evidence Act, 1872 - Sections 91, 92, 101 to 104, 111 and 114; Contract Act, 1872 - Sections 10, 11, 16, 17 to 19, 23 and 70; Specific Relief Act, 1963 - Sections 31; Limitation Act, 1963 - Sections 3 and 27; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951 - Sections 331; Uttar Pradesh Consolidation of Holdings Act, 1953 - Sections 49; Revenue Recovery Act; Registration Act, 1908 - Sections 30(2), 51, 55 and 61; Notaries Act, 1952; Code of Civil Procedure (CPC) , 1908 - Sections 100; Muhammadan Law

Reported in : (2008)2MLJ880

also relied on the decision AIR 1993 SC 956 (Mst. Sethani v. Bhana) wherein it is observed as follows:Contract Act (1872), Section 23 - Undue influence - Onus to prove - Sale deed by tribal woman, who was old, illiterate … Judge erred in holding that the suit is not maintainable and in this regard, the reliance placed on Section 55(b) of the Indian Union Territories Act is misconceived and further that the learned Single Judge failed to notice

T.A. Choudhary Vs. State of A.P. and ors.

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 30; Contract Act, 1872 - Sections 23, 54, 55, 59 and 73

Reported in : 2004(3)ALD357

country question of delay in performance of contract is governed by Sections 55 and 56 of the Indian Contract Act, 1872. If there is an abnormal rise in prices of material and labour, it may frustrate the contract and … Of course, we will discuss the effect of the decision of the Division Bench in Associated Company's case. Section 55 reads thus:'Section 55 effect of failure to perform at fixed time, in contract in which time is essentialWhen

Govindram Gordhandas Seksaria Vs. the State of Gondal

Court : Mumbai

Subject : Civil

Reported in : (1950)52BOMLR450

which the law recognised in the mill property prevented any right arising under Section 69 of the Indian Contract Act, 1872. For some reason which is not clear to their Lordships the learned Judges appear to have considered that … the Maharajah had made a contract with Mr. Seksaria into which were imported by law the provisions of Section 55 of the Transfer of Property Act. The result of that was to impose upon him an obligation to