Court : Delhi
Reported in : 2006(3)ARBLR118(Delhi); 2006(2)CTLJ57(Del); 131(2006)DLT681
..... fourthly, he mentioned that any restraint on employment would be vocative of section 27 of the indian contract act, 1872 and that the ratio of the decision in the case of pepsi foods ltd and ors. v. ..... before considering the case law on the subject of section 27 of the indian contract act, 1872, it would be instructive to have another look at the said non-solicitation clause ..... in jet airways (supra), a learned single judge of the bombay high court observed with reference to section 27 of the indian contract act, 1872 as under:whether or not the contract is in restraint of trade would depend upon whether the contract was unreasonable, unfair or unconscionable. ..... : 65(1997)dlt228 , this court reiterated the principle mentioned above that the doctrine of restraint as contained in section 27 of the indian contract act, 1872, would not apply during the period the contract is subsisting, but would apply when the contract comes to an end. ..... this is the scope and ambit of the said non-solicitation clause and it is in the context of this meaning that it has to be considered as to whether the clause is hit by section 27 of the indian contract act, 1872 and to what extent.27. ..... according to mr ramachandran, the non-solicitation clause is a reasonable restriction and is not hit by section 27 of the indian contract act, 1872 since the clause does not impose a restriction on the petitioner's employees from joining any of the competitors of the petitioner post termination of such employees' contracts.23. .....
Tag this Judgment!Court : Chennai
Reported in : (2008)2MLJ880
..... however, absence of certificate or endorsement is not conclusive or decisive and the burden can be discharged by other evidence.contract act (9 of 1872), sections 16, 18 - illiterate lady - execution of sale deed - concurrent finding based on material evidence that she understood nature of transaction - no interference in second appeal.28. ..... ) wherein it is held as follows:contract act, 1872 - sections 17 to 19 - fraudulent misrepresentation - document/transaction when void and when voidable - held, when fraudulent misrepresentation is with respect to character of document, it is void, and when it is with respect to contents of document, it is voidable - deeds and documents.specific relief act, 1963 - section 31 - cancellation of registered document - presumption of valid execution of registered document - existence of - onus of rebuttal of the presumption, held, is on person who leads evidence to rebut the presumption - evidence act, 1872, section 114.limitation ..... gaon sabha, ratauli) wherein it is observed as follows:contract act (9 of 1872), sections 16 and 17 - pardanashin lady - suit for cancellation of sale deed - plaintiff, illiterate, rustic village woman - she would be entitled to the benefit available to pardanashin lady. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1992Bom309; 1991(4)BomCR631; (1991)93BOMLR183
..... the plaintiff is entitled to rely on sections 14 and 15 of indian contract act, 1872 as well as the general principles of law of economic duress now being recognised in ..... section 15 of the indian contract act, 1872 defines 'coercion' as under:-- ' 'coercion' is the committing, or threatening to commit, any act forbidden by the indian penal code, or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any ..... contract act, 1872 ..... 17 of the indian contract act, 1872 is of considerable significance. ..... relevant for interpretation and elucidation of law of coercion contained in section 15 of indian contract act, 1872. ..... limited purpose of -considering as to whether a recognised exception to the general rule of refusing to grant injunction is made out or not, the questions as to what was the original contract, why the contract was re-negotiated, what was the circumstance in which the plaintiff was compelled to furnish a bank guarantee and what was the mutual understanding between the parties throughout will have to be taken ..... relevant portion of paragraph 490 of chitty on contracts reads as under:-- 'but other cases can be put in which a threat not to act, or not to contract, may be lawful in itself, and yet may be strongly coercive, for example where the threatened is in a monopoly position,' in the american case ..... commentary of pollock and mulla on indian contract and specific relief act, 10th edition, at page 148. .....
Tag this Judgment!Court : Delhi
Reported in : 2008(3)ARBLR57(Delhi); 2008(105)DRJ194
..... it is mentioned in the award that the contention was that the respondent could not recover liquidated damages inasmuch as time was not of the essence of the contract and that no notice was issued under section 55 of the indian contract act, 1872 and that the respondent had failed to prove that it had suffered any loss on account of delay in supplying the material. ..... thirdly, the said decision of the supreme court, in my view, merely reiterated the principles governing sections 73 and 74 of the indian contract act, 1872 which had already been settled in fateh chand (supra) and maula bux (supra). ..... she also submitted that the ground raised by the petitioner on the basis of provisions of section 55 of the indian contract act, 1872, had been adequately dealt with by the learned arbitrator in the said award. ..... khorana is that time was not the essence of the contract 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. ..... while considering the provisions of section 74 of the indian contract act, 1872, the supreme court, in fateh chand (supra) observed that although proof of 'actual loss or damage' was dispensed with, there must, however, be legal injury before compensation can be claimed. ..... (supra) decision, the emphasis of section 74 of the indian contract act, 1872 is on reasonable compensation. ..... section 74 of the india contract act, 1872 reads as under:74. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1972Bom132; (1971)73BOMLR840; ILR1972Bom511; 1972MhLJ110
..... therefore, before and after the hindu marriage act, 1955, came into force, definitely show that the indian contract act, 1872, does not apply to the marriage under the hindu marriage act, 1955, and that the word 'fraud' used in section 12(1)(c) of the hindu marriage act does not mean any fraudulent representation or ..... now, fraud is defined in section 17 of the indian contract act, 1872, which runs thus :- ' 'fraud' means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract : (1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true; (2) the active concealment of a fact by one having knowledge or belief of the fact : ..... i am, therefore, of the opinion that section 17 of the indian contract act, 1872, does not apply to a case of fraud under section 12(1)(c) of the hindu marriage act, 1955.12.the question still remains what then is the meaning of the ..... opinion, on general considerations of public policy, misrepresentation as to caste should not be held fatal to a marriage under the hindu law, much more so when the marriage is under the hindu marriage act, 1955, which applies to any person who is a hindu as defined under section 2 of that act.15.i am, therefore, of the opinion that the indian contract act, 1872, does not apply to a marriage under the hindu marriage act, 1955. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR63; IV(2008)BC73; 2008(5)BomCR909; 2008(2)CTLJ180(Bom)
..... the bank was relieved and discharged of its obligation on and from 30th april 1997, was untenable in view of the amended section 28 of the indian contract act, 1872, which came into force on 8th january 1997, on which date, admittedly, the bank guarantee was valid. ..... the 'statement of objects and reasons' for which the 'amending act' came to be introduced read thus:statement of objects and reasons the law commission of india has recommended in its 97th report that section 28 of the indian contract act, 1872 may be amended so that the anomalous situation created by the existing section may ..... , the plaintiffs were ill-advised to rely on section 28 of the indian contract act, 1872 which amendment had no impact on the contractual obligation qua the defendant no. ..... 2 that in the light of the amendment to section 28 of the indian contract act, 1872, which came into force with effect from 8th january 1997, the bank was not absolved of its obligation to make payment under the bank guarantees but was bound and liable to ..... it is felt that section 28 of the indian contract act, 1872 should be amended as it harms the interests of the consumer dealing with big corporations and causes serious hardship to those who are ..... of the indian contract act, 1872 postulates that the liability of the surety is co-extensive with the principal debtor unless it is otherwise provided by the contract. ..... however, is refuted by the plaintiffs relying on the amended section 28 of the indian contract act, 1872. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(3)ALD821; 2004(3)ALT704
..... whether ex.a-1 is hit by section 29 of the indian contract act 1872 inasmuch as it does not contain the essential terms, particularly, the price at which the property was agreed to be sold and can a specific performance decree be passed on the basis of ex.a-3 which is said to be continuation of ex.a-1 when ex.a-1 is hit by uncertainty, ..... section 29 of the indian contract act, 1872 reads as hereunder:'agreements, the meaning of which is not certain, or capable of being made certain, are void ..... and at any rate in the light of the clear terms and conditions this court is of the considered opinion that there is no uncertainty as such so as to render these documents unenforceable in a court of law' by virtue of operation of section 29 of the indian contract act, 1872.13. ..... both exs.a-1 and a-3 and would maintain that in the light of the terms and conditions it should be taken that these documents cannot be enforced for granting the relief of specific performance in view of section 29 of the indian contract act 1872. ..... a decree for specific performance can be granted on the strength of a document like ex.a-1price at which the property is agreed to be sold and is not such a document hit by uncertainty as contemplated by section 29 of the indian contract act, 1872 ?2. ..... the terms and conditions of a contract are reduced to writing, can the courts below go into oral evidence for substantiating the documents which would be contrary to sections 91 and 92 of the indian evidence act, 1872 ?4. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3426; 2006(2)ARBLR34(SC); 2006(2)AWC1869(SC); 2006(5)BomCR322; (2006)5CompLJ224(SC); 2006(1)CTLJ100(SC); (2006)4MLJ1695; 2006(3)SCALE324; (2006)4SCC227
..... the legal position clearly crystallised in our country is that while construing the provisions of section 27 of the contract act, neither the test of reasonableness nor the principle of restraint being partial is applicable, unless it falls within express exception engrafted in section 27.section 27 of the indian contract act, 1872 provides as follows:-27. ..... 1 - zaheer khan is void under section 27 of the indian contract act, 1872 has been in restraint of trade. ..... challenges the interlocutory order of the high court in which the division bench has itself made it clear that it is recording only a prima facie finding that clause 31(b) of the agreement is void under section 27 of the indian contract act, 1872. ..... desai then argued the scope and effect of section 27 of the indian contract act, 1872. ..... the appeal filed by the respondent was allowed and the learned division bench found clause 31(b) to be void under section 27 of the indian contract act, 1872. mr. ..... desai, learned senior counsel, appearing for the appellant submitted that the high court has failed to appreciate the true legal meaning and effect of section 27 of the indian contract act, 1872. ..... we do not propose to go into the question whether reasonableness of restraint is outside the purview of section 27 of the contract act and for the purpose of the present case we will proceed on the basis that an enquiry into reasonableness of the restraint is not envisaged by section 27.19. .....
Tag this Judgment!Court : Delhi
Reported in : 150(2008)DLT302; 2008(102)DRJ69; (2008)151PLR16
..... some assistance can be taken of the provisions of section 7(2) of the indian contract act, 1872 which, inter alia, stipulates:if the proposal prescribes a manner in which it is to be accepted, and the acceptance is not made in such a manner, the proposer may, within a reasonable time after the acceptance ..... orders placed by the defendant were in the nature of proposals as understood under section 7(2) of the indian contract act, 1872. ..... cause of action arises within the meaning of the section at any of the following places, namely:(1) the place where the contract was made;(2) the place where the contract was to be performed or performance thereof completed;(3) the place where in performance of the contract any money to which the suit relates was expressly or impliedly payable.after noting the said erstwhile explanationn iii, the supreme court observed in paragraph ..... submitted that since the purchase orders were placed by the defendant on the plaintiff at delhi and the same were also accepted by the defendant at delhi, the contract between the parties was struck at delhi and, thereforee, this court would have jurisdiction to entertain the present suit.9. ..... submitted that this court has jurisdiction inasmuch as, apart from the place of performance of the contract as also the place of making payments, the situs of the contract has also to be considered for the purposes of considering the question of cause of action. ..... court can draw in terms of section 114 of the indian evidence act, 1872. .....
Tag this Judgment!Court : Kerala
Reported in : [1985]58CompCas543(Ker)
..... for yet another reason, section 176 of the indian contract act, 1872, may have no application to the facts of the case. ..... that term is denned in the indian contract act, 1872, in the following terms :' the bailment of goods as security for payment of debt or performance of a promise is called ' pledge '. ..... as far as india is concerned, the indian contract act, 1872, contains specific provisions in this behalf. ..... after observing that there was some force in the contention based on section 176 of the indian contract act, 1872, the high court observed (at p. ..... i am inclined to take the view that the proceedings in relation to the exercise of a lien of a company over its shares should be governed by the provisions of the companies act and the memorandum and articles of association and should not be controlled by, the general provisions of the indian contract act, 1872. . ..... the shares of a company, though would answer the term ' goods ' coming under the indian contract act, 1872, are dealt with, specifically and specially under diverse provisions of the companies act. ..... section 176 of the indian contract act, 1872, is a general provision. ..... section 176 of the indian contract act provides for the rights of a pawnee when the pawner makes default in the payment of debt. ..... the transaction between a shareholder of a company and the company in respect of the dealings relating to the shares are thus covered by a special enactment, which also appears to be a later enactment vis-a-vis the contract act. .....
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