Advanced Search Results

Mohanlal Vs. Dayaldas and Co.

Court : Rajasthan

Subject : Contract

Acts : Contract Act, 1872 - Sections 74

Reported in : AIR1976Raj68; 1975()WLN437

Matched in: Advocate G.L. Parook, Adv. for Mohanlal, Adv. in Appeal No. 54 of 1973 and; P.C. Bhandari, Adv. for Dayaldas a G.L. Parook, Adv. for Mohanlal, Adv. in Appeal No. 74 of 1973 and; P.C. Bhandari, Adv. for Dayaldas a

Jyoti Cold Stores and ors. Vs. Punjab Financial Corporation, Chandigar ...

Court : Punjab and Haryana

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 72 and 74; State Financial Corporation Act, 1951 - Sections 31

Reported in : AIR1973P& H38

this case, and awarded by the trial Court was penal and was hit by Section 74 of the Contract Act or not.2. The appellants had taken a loan of Rs. 40,000/- from the respondent on 8th June, 1960

Srimati Syam Peary Dassya Widow of Madhusudan Dass and anr. Vs. the Ea ...

Court : Kolkata

Subject : Right to Information

Reported in : 40Ind.Cas.865

by reason of default of payment on the 31'st March, was a penalty, within Section 74 of the Contract Act. I should have been glad if I could have taken that view; but the authorities are against it.

State of Kerala and ors. Vs. United Shippers and Dredgers Ltd.

Court : Kerala

Subject : ArbitrationContract

Acts : Arbitration Act, 1940 - Sections 30; Contract Act, 1872 - Sections 74

Reported in : AIR1982Ker281

the breach of the contract, claim for compensation will lie in the light of Section 74 of the Contract Act, 1872 (for short the 'Act'). 5. The main part of Section 74 of the Act reads thus :

State of Orissa and ors. Vs. Jilludumudi Venkataraj

Court : Orissa

Subject : Civil

Acts : Contract Act, 1872 - Sections 74; Orissa Forest Contract Rules - Rule 8 and 34(3); ;Code of Civil Procedure (CPC) , 1908 - Sections 100; Arbitration Act - Sections 34

Reported in : AIR1966Ori76

In appeal that judgment has been reversed. The lower appellate Court relying on Section 74 of the Indian Contract Act held that this deposit made by the plaintiff was by way of penalty and therefore the defendants could

Shiva Jute Baling Limited Vs. Hindley and Company Limited

Court : Supreme Court of India

Subject : ContractArbitration

Acts : Indian Contract Act, 1872 - Sections 73 and 74; Arbitration Act, 1940 - Sections 33 and 35; Arbitration (Protocol and Convention) Act, 1937 - Sections 7

Reported in : AIR1959SC1357; [1960]1SCR569

the parties knew, when they made the contract, to be likely to result from the breach of it. Section 74 provides for breach of contract where penalty is stipulated for or a sum is named and lays down … arbitrators had purported to award such damages as could not be done under the provisions of the Indian Contract Act, 1872. Both these contentions were negatived by the learned Single Judge and he ordered the award to be

Dr. Thakorlal V. Patel Vs. Lt. Col. Syed Badruddin

Court : Gujarat

Subject : Contract

Reported in : (1993)1GLR28

money under a contract for sale of property, movable or immovable, does not fall within the provisions of Section 74 of the Contract Act, if the amount so stipulated is reasonable. It has been concluded since long in … this stage, to refer to the relevant proposition of law, on this point. Section 55 of the Indian Contract Act, 1872 ('Contract Act' for short) makes the provision with regard to the effect or failure to perform the

K. Babjan, Bhadravathi and Another Vs. Shimoga Urban Development Autho ...

Court : Karnataka

Subject : Land Acquisition

short “the Rules”) is Ultra Virus the Constitution and is in conflict with Section 74 of the Indian Contract Act. The petitioners have also prayed for a writ of mandamus directing respondent No.1 to refund an amount of

Fateh Chand Vs. Balkishan Das

Court : Supreme Court of India

Subject : PropertyContract

Acts : Indian Contract Act, 1872 - Sections 74; Code of Civil Procedure (CPC),1908 - Sections 2(12) - Order 20, Rules 12 and 12(1)

Reported in : AIR1963SC1405; [1964]1SCR515

to forfeit the amount of Rs. 24,000/-may be adjudged in the light of s. 74 of the Indian Contract Act, which in itsmaterial part provides :- 'When a contract has been broken, if a sum is namedin the … be deemed cancelled. The covenant for forfeiture of Rs. 24,000/- ismanifestly a stipulation by way of penalty. 15. Section 74 of the Indian Contract Act deals with the measure of damagesin two classes of cases (i) where the

Rameshwarlal and anr. Vs. Balabux Tamra

Court : Rajasthan

Subject : Contract

Acts : Contract Act, 1872 - Sections 74

Reported in : AIR1974Raj158; 1973()WLN677

earnest money was not liable to be decreed in view of the provisions of Section 74 of the Contract Act. The trial Judge held that the defendants and not the plaintiff were responsible for the breach of contract.