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Syed Khursed Ali Vs. State of Orissa and anr.

Court : Orissa

Subject : Contract

Acts : Orissa Prevention of Cow Slaughter Act, 1960 - Sections 3 and 3(1); ;Orissa Public Demands Recovery Act, 1962; Contract Act, 1872 - Sections 56; ;Orissa Prevention of Cow Slaughter Rules

Reported in : AIR2007Ori56; 2006(II)OLR557

be absolutely necessary to give effect to the transaction which parties must have intended.11. Section 56 of the Contract Act, 1872 is relevant for the purpose and the relevant portion thereof is quoted hereunder:56. Agreement to do impossible act

Smt. Shyam Kumari and ors. Vs. Ejaz Ahmad Ansari

Court : Allahabad

Subject : ContractTenancy

Acts : Contract Act, 1872 - Sections 56; Transfer of Property Act, 1882 - Sections 108

Reported in : AIR1977All376

the Transfer of Property Act which relate to contracts are to be taken as part of the Indian Contract Act, 1872. That section however does not enact and cannot be read as enacting that the provisions of the Contract … large Bench:'1. Whether on the facts and the circumstances of the case doctrine of frustration as contained in Section 56 of the Contract Act will apply and whether the tenancy was automatically terminated after the building had fallen

Ayissa and anr. Vs. Prabhakaran

Court : Kerala

Subject : PropertyContract

Acts : Contract Act, 1872 - Sections 56 and 65

Reported in : AIR1971Ker239

which, by its very nature, was incapable of being performed and if so Section 56 of the Indian Contract Act. 1872 operated to render such a contract void. Section 56 of the Act runs as follows :--'56. An agreement

C.Chandrasekaran Vs. R.Srinivasan

Court : Chennai

Subject : Contract

Acts : Indian Contract Act, 1872 - Section 56; Indian Evidence Act, 1872 - Sections 91, 92

defendant. 27. At this juncture, it would be more useful to look into section 56 of the Indian Contract Act, 1872 and the same reads as follows: Agreement to do impossible Act.-An agreement to do an act impossible in

Central Bank of India Staff Co-operative Building Society Limited Vs. ...

Court : Andhra Pradesh

Subject : Contract

Acts : Contract Act, 1872 - Sections 56; Specific Relief Act, 1963 - Sections 16 and 20

Reported in : AIR2004AP18; 2003(5)ALD116; 2003(6)ALT121

agreement at this stage of sky rising prices, which is void under law.37. Section 56 of the Indian Contract Act, 1872 deals with the Doctrine of Frustration and it reads as follows:Section 56. Agreement to do impossible act--An agreement

Andritz Oy, Rep. Through Power of Attorney Agent, Mr. Siraj Ahmad Vs. ...

Court : Chennai

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 2(1), 7, 7(1), 7(2), 7(3), 7(4), 7(5), 8, 11(6), 16, 16(1), 44 to 52, 53 and 54 - Schedule - Article 11(2) and 11(3); Companies Act, 1956 - Sections 2(35), 3, 3(1), 26, 28, 31, 36, 39, 40, 79 and 82; Transfer of Property Act; Arbitration Act, 1940 - Sections 7, 8(2) and 47(1); Contract Act, 1872 - Sections 2, 19, 19A, 20, 23 to 30, 35, 36 and 56; Code of Civil Procedure (CPC) , 1908 - Order 6, Rules 2 and 4 - Order 7, Rule 14(1); United Nations Commission on International Trade Law, 1985; United Nations Commission on International Trade Law Conciliation Rules, 1980; Arbitration of the International Chamber of Commerce Rules

Reported in : 2007(3)ARBLR545(Madras)

would perish along with the main contract, we may have to take recourse to the provisions of the Contract Act, 1872.38. The Contract Act, 1872, among other things, deals with--(1) valid and enforceable contracts; (2) voidable contracts; (3) contracts … void ab initio. Dealing with a case where a contract got frustrated and became impossible of performance, attracting Section 56 of the Contract Act, the Supreme Court held in Naihati Jute Mills Ltd. v. Khyaliram Jagannath (1968) 2

Flowmore (P.) Ltd., New Delhi Vs. U.P. State Industrial Development Co ...

Court : Allahabad

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 18, 18(1, 2 and 8) and 32; Indian Contract Act, 1872 - Sections 55, 56 and 62; Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972 - Sections 3(1); Companies Act, 1956 - Sections 2(46), 3(1), 194(1) and 481; Constitution of India - Article 226; Income Tax Act, 1961 - Sections 41, 41(1) and 48(1); Foreign Exchange Regulation Act, 1973; Urban Land (Ceiling and Regulation) Act, 1976

Reported in : 2000(1)AWC493

whether the arbitration clause falls within a contract which becomes impossible of performance under Section 56 of the Contract Act, 1872. The principles laid down therein per majority are these-'(1) an arbitration clause is a collateral term of a

V.L. Narasu Carrying on Business Under the Name and Style of Narasu Pi ...

Court : Chennai

Subject : Contract

Acts : Contract Act, 1872 - Sections 39 and 56; Evidence Act, 1872 - Sections 101 to 103

Reported in : AIR1953Mad300; (1952)2MLJ832

could be construed as repudiation of the agreement.22. Turning now to the provisions of the Indian Contract Act, Section 56 is the governing section and omitting portions not relevant for the purpose of this case, runs as follows: … which the said intention could be gathered. That is what is laid down in Section 39 of the Contract Act. Mere failure to perform a contract without more cannot be said to be a repudiation of it. It … from their obligations thereunder. The repairs were in fact completed in August 1872. In --'Metropolitan Water Board v. Dick Kerr & Co. Ltd.', (1918) A

M/S. Shyam Biri Works Pvt. Ltd. Vs. U.P. Forest Corporation and Anothe ...

Court : Allahabad

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 4, 56 and 74; Constitution of India - Article 226; Evidence Act, 1872 - Sections 115; Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972

Reported in : AIR1990All205; (1990)3UPLBEC1643

of the Corporation that it was paralysed in finalising the contract. The terms of S. 56 of the Contract Act, 1872, apply to the present case.35. Section 56 lays a positive rule relating to frustration and does not leave

Superintendence Company of India (P) Ltd. Vs. Sh. Krishan Murgai

Court : Supreme Court of India

Subject : Service

Acts : Indian Contract Act, 1872 - Sections 27, 28 and 56

Reported in : AIR1980SC1717; [1980(41)FLR137]; (1981)ILLJ121SC; (1981)2SCC246; [1980]3SCR1278

illustrations (c) and (d) to Section 57 of the Specific Relief Act, 1963, despite Section 27 of the Contract Act, 1872 3. Whether, and to what extent, the provisions of Section 27 of the Contract Act are subject to … frustration of contract observed that the Courts in India are to be strictly governed by the provisions of Section 56 of the Contract Act and not to be influenced by the prevailing concepts of the English Law, as