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Union of India Vs. M/S. Navilakha and Sons

Court : Mumbai

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 63; Provinclal Small Cause Courts Act - Sections 25; Indian Railways Act, 1890 - Sections 78; Code of Civil Procedure (CPC), 1908 - Sections 80

Reported in : AIR1997Bom209; 1997(2)MhLj737

is made absolute. In the facts and circumstances there shall be no order as to costs.Ordered accordingly. The Indian Contract Act, 1872 : Section 63 - Claim notice issued to central railway by claimants - Cheques were sent by railway

Bharat Sarvodaya Mills Co. Ltd. Vs. Mohatta Brothers Overruled

Court : Gujarat

Subject : Civil

Acts : Partnership Act, 1932 - Sections 4, 30, 31(1), 31(2), 32, 32(3), 34, 39, 40, 41, 42, 43, 44, 58, 59, 60, 61, 62, 63, 63(1), 69(2) and 69(3); Code of Civil Procedure (CPC), 1908 - Sections 86 and 87B - Order 30, Rules 1, 1(1), 1(2), 2, 2(1), 2(2), 2(3) and 4; Indian Contract Act, 1872 - Sections 45 and 70; Constitution of India - Article 133(1)

Reported in : AIR1969Guj178; (1969)GLR457

equally by all the partners who are compromises and all of whom are under Section 45 of the Indian Contract Act, 1872, joined together in enforcing the promise against a third party promisor. The suit by a firm as we … place of business, closing and opening of branches and noting of changes in names and addresses of partners. Section 63 which is material for our purposes, provides in Clause (1) that when a change occurs in the constitution

Citi Bank N.A. Vs. Standard Chartered Bank and ors.

Court : Supreme Court of India

Subject : CommercialBanking

Acts : Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992; Indian Contract Act - Sections 41, 62 and 63; Constitution of India - Article 142; Evidence Act, 1872 - Sections 114

Reported in : AIR2003SC4630; I(2004)BC211(SC); [2003]117CompCas554(SC); (2004)1CompLJ121(SC); 2004(2)CTC374; JT2003(10)SC597; 2003(8)SCALE364; (2004)1SCC12; [2003]47SCL582(SC); 2004(1)LC

light of these facts, let us now consider the effect of Section 41, 62 and 63 of the Indian Contract Act, 1872. The same are reproduced here under for ready reference:'41. Effect of accepting performance from third person. - When

Phoenix Mills Ltd. Vs. M.H. Dinshaw and Co.

Court : Mumbai

Subject : Contract

Reported in : AIR1946Bom469; (1946)48BOMLR313

dispensed with the performance of those obligations on the part of the defendants under Section 63 of the Indian Contract Act, 1872; and finally they also base their defence on an estoppel operating against the plaintiffs.2. The incidents of a

The Paper Sales Ltd. Vs. Chokhani Bros.

Court : Mumbai

Subject : Contract

Reported in : AIR1946Bom429; (1946)48BOMLR274

casual extensions to be presumed from the respondents' forbearance, to avoid the contract under Section 55 of the Indian Contract Act,, 1872. The agreements for extension as pleaded are these:(1) Agreement arrived at 'in or about the second week of … does not amount to an extension of time for the performance of a contract within the meaning of Section 63 of the Act, so as to alter the relevant date on which damages are to be assessed. Accordingly

S. Brahmanand and ors. Vs. K.R. Muthugopal (D) and ors.

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Limitation Act, 1963 - Sections 3 - Schedule - Articles 53 and 54; Limitation Act, 1908 - Schedule - Article 113; Indian Contract Act, 1872 - Sections 63; Code of Civil Procedure (CPC) - Order 6, Rule 17

Reported in : AIR2006SC40; 2005(6)ALD74(SC); 2006(1)AWC79(SC); (SCSuppl)2006(1)CHN136; 2005(2)CTLJ287(SC); [2006(1)JCR50(SC)]; JT2005(9)SC149; 2005(4)KLT809(SC); 2005(8)SCALE587; (2005)1

time for performance being extended, even though originally the agreement had a fixed date. Section 63 of the Indian Contract Act, 1872 provides that every promise may extend time for the performance of the contract. Such an agreement to extend

Siddhivinayak Realties Pvt. Ltd. Vs. V. Hotels Limited and Others

Court : Mumbai

Subject : Arbitration

being in default could not and did not arise. It is submitted that under Section 39 of the Indian Contract Act, 1872, there must be not only categorical refusal to perform by the promisor of his promise in entering but … in case of Steel Authority of India vs. Gupta Brothers Steel Tubes Ltd. reported in 2009 (10) SCC 63 and in particular para 18 thereof reads thus:- “18. It is not necessary to multiply the references. Suffice

Ratilal M. Parikh Vs. the Dalmia Cement and Paper Marketing. Co. Ltd.

Court : Mumbai

Subject : Contract

Reported in : AIR1943Bom229; (1943)45BOMLR405

subsisting, and agreed to prorogue the time of performance as they were entitled to do by virtue of Section 63 of the Indian Contract Act, 1872, which is as follows :-Every promisee may dispense with or remit, wholly … that case their Lordships of the Privy Council referred to the first paragraph of Section 55 of the Indian Contract Act, 1872, which is as follows :-When a party to contract promises to do a certain thing at or before

Ramchandra Lalbhai Vs. Chinubhai Lalbhai

Court : Mumbai

Subject : PropertyFamily

Reported in : (1943)45BOMLR1075

plaintiff No. 1 by defendant is revocable as it is not coupled with interest; Section 202 of the Indian Contract Act, 1872.13. V.F. Taraporevala. Chinubhai Lalbhai & Bros., Ltd., was formed as a device to get capital and deposits for … : De Francesco v. Barnum (1890) 45 Ch. D. 430 and Pickering v. The Bishop of Ely (1843) 63 E.R. 1098. The Court will not enforce specific performance of an agreement lacking in mutuality. If the plaintiffs

P. Velumani Vs. K.A. Noorjahan Son of M.M. Ahmed HussaIn and

Court : Chennai

Subject : ContractProperty

Acts : Evidence Act - Sections 91; Specific Relief Act, 1963 - Sections 16, 20 and 20(2); Limitation Act - Sections 5 - Schedule: Article 54; Indian Contract Act, 1872 - Sections 51, 52, 62, 54, 58 and 63; Court Fees Act; General Clauses Act; Code of Civil Procedure (CPC) - Order 7, Rule 11 - Sections 100, 115, 148, 149 and 151; Constitution of India - Article 227

Reported in : (2009)8MLJ161

the recent reported decision.96. One cannot brush aside an important fact that as per Section 51 of the Indian Contract Act, 1872 if promises which reciprocals each one has always the option to perform his part of the contract but … the obligation of a contract wholly or in part and this is otherwise, clear from the ingredients of Section 63 of the Contract Act, which speaks of a promisee who may dispense with or remit performance of promise.