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Feb 28 2008

Shri Prabhubhai Jadhavji Rathod Vs. Union of India (Uoi) Through Its A ...

Court : Mumbai

Decided on : Feb-28-2008

Subject : ArbitrationContract

Acts : Arbitration and Conciliation Act, 1996 - Sections 34 and 37; Contract Act, 1872 - Sections 55, 56 and 73; Code of Civil Procedure (CPC) - Sections 96; Maharashtra Contract Labours (Regulation and Abolition) Rules, 1971 - Rule 21

Reported in : 2008(3)ALLMR35; 2008(3)ARBLR204(Bom); 2008(4)BomCR594; (2008)110BOMLR852; 2008(4)MhLj238

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 … onwards, the learned Judge has proceeded to consider the entitlement for damages flowing from Section 55 and Section 73 of Contract Act in the light of various clauses embedded in GCC also Clause 26A of tender documents.

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Jun 21 1990

Gulbanu Razack Vs. Assistant Commissioner of Income-tax (investigation ...

Court : Andhra Pradesh

Decided on : Jun-21-1990

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 80C, 80L, 132, 132(1), 132(4), 132(4A), 132(5), 132(7), 132(11), 132(12), 132B, 132B(3), 132B(4), 244A, 297 and 297(2); Interest Act, 1978 - Sections 4; ;Indian Contract Act, 1872- Sections 73

Reported in : [1990]186ITR226(AP)

be awarded as damages on the basis of the common law principles enshrined in section 73 of the Contract Act, 1872. 27. The position may be unfortunate for plaintiffs but unless and until the legal position as to the … entitled to be compensated in the same manner as interest is claimed by the Government from assessees under sections 234A and 234B of the Act. It is further alleged that, under section 132(5), the enquiry is to

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May 01 2003

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

Court : Andhra Pradesh

Decided on : May-01-2003

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 … decision of the Arbitrator are set out infra. A claim petition was filed by the Contractor under Clause 73 of PS to APDSS for adjudication of the disputes relating to the execution of the work referred to

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Jan 10 2002

Thyssen Stahlunion Gmbh Vs. the Steel Authority of India

Court : Delhi

Decided on : Jan-10-2002

Subject : Contract

Acts : Arbitration Act - Sections 30; Indian Contract Act, 1872 - Sections 73

Reported in : 2002IIAD(Delhi)149; AIR2002Delhi255; 2002(1)ARBLR610(Delhi); 96(2002)DLT515

the issue of damages. The Arbitrator has adopted the principle by referring to Section 73 of the Indian Contract Act, 1872 which is as follows:- '73. When a contract has been broken, the party who suffers by such breach … matter of fact exercise of power by the Court to re-appraise the evidence is unknown to proceedings under Section 30 of the Arbitration Act. In the event of there being no reasons in the award, question of

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Nov 22 2002

Delhi Development Authority Vs. Polo Singh and Co.

Court : Delhi

Decided on : Nov-22-2002

Subject : ContractArbitration

Acts : Arbitration Act - Sections 14, 17, 29, 30 and 33; ;Indian Contract Act, 1872 - Sections 73 and 74

Reported in : 2003(1)ARBLR270(Delhi); 101(2002)DLT401; 2003(66)DRJ132

arbitrator alleged--Award of damages for loss of profit with interest @10% rightly made rule of the court--Objection unsustainable--Contract Act, 1872, Sections 73 & 74.; While allowing claim No. 1 and disallowing counter-claims of appellant on three counts, the arbitrator returned

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Jul 11 2000

Gujarat State Road Transport Corporation Vs. Kay Orr Brothers and ors.

Court : Gujarat

Decided on : Jul-11-2000

Subject : Commercial

Acts : Contract Act, 1872 - Sections 73

Reported in : AIR2000Guj313; (2000)3GLR2378

compensation for loss of damage caused by breach of contract as envisaged by Section 73 of the Indian Contract Act, 1872 are well settled :--(i) As far as possible he who has proved a breach of bargain to supply … Two principles with regard to compensation for loss of damage caused by breach of contract as envisaged by Section 73 of the Indian Contract Act, 1872 are well settled :--(i) As far as possible he who has

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Nov 03 1998

Mool Chand Vs. Sanwat Ram and Another

Court : Allahabad

Decided on : Nov-03-1998

Subject : Contract

Acts : Code of Civil Procedure (CPC), 1908 - Sections 100; Specific Relief Act, 1963 - Sections 21; Contract Act, 1872 - Sections 73

Reported in : 1998(4)AWC715

under this section, the Court shall be guided by the principles specified in Section 73 of the Indian Contract Act, 1872.' ' 73. Compensation for loss or damage caused by breach of contract. --When a contract has been broken, … upon the Courts below to decree the suit for damages and compensation in view of the provisions of Section 21 of the Specific Relief Act read with Section 73 of the Contract Act. The Courts below according

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Sep 18 2000

Hindustan Aeronautics Limited, Rep. by Its Managing Director Vs. Compa ...

Court : Karnataka

Decided on : Sep-18-2000

Subject : ArbitrationContract

Acts : Indian Contract Act, 1872 - Sections 73; Arbitration Act, 1949 - Sections 30 and 33

Reported in : ILR2004KAR4268

returned. Reliance is placed on the principles relating to award of damages contained in Section 73 of the contract Act, 1872 which provides that the quantum of damages could only be with reference to the loss which naturally arose … amount due to it and otherwise recover it by execution of this Judgment. (A) ARBITRATION ACT, 1949 - SECTIONS 30, 33 - Award passed by the Arbitrator confirmed by Civil Court - Same challenged in High Court

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Nov 05 1992

Madeshwara Cargo Movers Vs. Hindustan Cocoa Products Ltd. and anr.

Court : Mumbai

Decided on : Nov-05-1992

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 41, Rule 27; Evidence Act, 1872 - Sections 12; Contract Act, 1872 - Sections 73

Reported in : 1993(2)BomCR154; (1993)95BOMLR391

West Punjab Factories Ltd., : [1966]1SCR580 affirmed the long standing rule embodied in section 73 of the Indian Contract Act, 1872. In so doing it said --'It is well settled that it is the market price at the time … have a world-wide reputation. The class which purchases the beverage and the chocolates comes from the fairly affluent sections of the society. These sections have a sensitivity and taste which has been catered to and cultivated by

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Sep 04 2003

Smt. Khamarunnisa Vs. Mudalappa

Court : Karnataka

Decided on : Sep-04-2003

Subject : CivilContract

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100; Prevention of Fragmentation of Consolidation of Holding Act; Specific Relief Act, 1963 - Sections 21; Indian Contract Act, 1872 - Sections 73; Karnataka Stamp Act, 1957 - Sections 33 and 35; Limitation Act - Schedule - Article 113

Reported in : ILR2003KAR4535

under this section, the Court shall be guided by the principles specified in Section 73 of the Indian Contract Act, 1872 (9 of 1872).(5) No compensation shall be awarded under this Section unless the plaintiff has claimed any such … specified in Section 73 of the Contract Act. ;(E) KARNATAKA STAMP ACT, 1957 (KARNATAKA ACT, NO. 34/1957) - SECTIONS 33 AND 35 -- It was not open to the Court to exclude the document from being read

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