Court : Andhra Pradesh
Reported in : 2005(5)ALD499; 2005(6)ALT165
..... on the ground of the principle of equity and also in the light of the provisions of the indian contract act, 1872, a person who had derived the advantage of a contract, be it void, cannot escape the liability in toto, though the claim as such cannot be based on the strength of such a void transaction. ..... section 65 of the' indian contract act, 1872, dealing with the obligation of person who had received advantage under void contract and contract that become void reads as hereunder:'section 65: obligation of person who has received advantage under void agreement or contract that becomes void--when an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it, to the person from whom he received it. ..... the learned counsel also had drawn the attention of this court to section 65 and also section 70 of the indian contract act, 1872, and would maintain that section 45 of the act would not operate as a bar to maintain the claim. ..... this is a case decided in relation to a panchayat, no doubt in the context of the provisions of the indian contract act, 1872, in general and sections 65 and 70 of the said act, in particular.(4) in h.s. ..... the learned counsel also placed reliance on certain decisions apart from bringing to the notice of this court certain other provisions of the indian contract act, 1872 as well.5. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2006AP212
..... to relevant provisions of the evidence of dw-1, dw-2 and dw-3 as well and had explained the relevant provisions of the indian contract act 1872 in this regard. ..... elaborate submissions in relation to implied agency and ratification while drawing the attention of this court to the relevant provisions of the indian contract act 1872. ..... the approval of layout had not been complied with by the appellants/ defendants and hence there was some delay and the respondent/plaintiff was ready and willing to perform her part of the contract and further findings had been recorded relating to the condition of cancellation of agreement and the capacity of the respondent/plaintiff to purchase the property and a further finding had been recorded that ..... by section 6 of the hindu succession act, read with section 67 of the transfer of property act, section 45 of the contract act and order 34, rule 1, c.p.c. ..... speak would not, as a matter of fact, jeopardizes the sellers interest neither the same would authorize the buyer to cancel the contract when there has been repeated requests for acting in terms of the agreement between the parties by the seller to that effect more so by reason of a definite anxiety expressed ..... in indian contract act and specific relief act, pollock and mulla, volume ii, on the aspect of 'implied ratification' it was stated:ratification can be implied from any act which reflects the ..... act has been authorized, the contract between the principal and the agent would be the ordinary contract .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(3)ALD357
..... of delay in performance of contract is governed by sections 55 and 56 of the indian contract act, 1872. ..... since the respondents have measured the work and recorded the same in m.books, they ought to have paid the cost of steel involved in the overlapping also.section 70 of the indian contract act says that where a person lawfully does anything for another or delivers anything to him not intending to do so gratuitously and such other person enjoys the benefit thereof, the latter is bound ..... the parties, whereunder the contractor has undertaken not to make any claim for delay in performance of the contract occasioned by an act of the employer, still a claim would be entertainable in one of the following situations: (i) if the contractor repudiates the contract exercising his right to do so under section 55 of the contract act, (ii) the employer gives an extension of time either by entering into supplemental agreement or by making it clear that escalation of rates or compensation for delay would ..... as interpreted under american jurisprudence and sections 55 and 56 of indian contract act, the supreme court observed as follows:'in hudson's building and engineering contracts there is reference to 'no damage' clauses, an american expression, used for describing a type of clause which classically grants extensions of time for completion, for variously defined 'delays' including some for which, as breaches of contract on his part, the owner would prima facie be contractually responsible, but .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD560; 2000(2)ALT484
..... 25(3) of the indian contract act, 1872 (for short 'the contract act') is in the following ..... the provisions of section 19 of the indian limitation act, 1908 (which is in terms in para materia section 18 of the limitation act) and section 25(3) of the contract act, this court held in the aforesaid judgment that-'under the limitation act an acknowledgment made in writing signed by the party and addressed to a person other than the person entitled to the property or right would save a subsisting debt, but section 25(3) of the contract act contemplates a promise made in writing and signed by ..... there is thus no agreement between the petitioner and the corporation in terms of section 25(3) of the contract act that could be culled out from the contents of the letters dated 18-10-1988 and 15-11-1988 of the petitioners and ..... dated 18-10-1988 constitute an agreement in terms of section 25(3) of the contract act is the next question; in the view of this court it does ..... (1) alt 501, has considered the provisions of section 25(3) of the contract act in relation to a deposition made during the course of a cross-examination of a witness in a case, such deposition having been urged to constitute an agreement in terms of section 25(3) of the contract act.15. ..... of the considered view that the letter of the petitioners dated 18-10-1988 does not, by itself or even taken in conjunction with the corporation's letter dated 15-11-1988, constitute an agreement in terms of section 25(3) of the contract act.19. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1997AP53
..... 16 of the indian contract act, 1872, two important things must be proved; one, that the relation between the parties was such that the vendee or the donee was in a position to dominate the will of the ..... or by false declaration, inducing the court to believe that the notice had been served and proceeded the suit ex parte or by some other act by which the plaintiff is prevented from placing his case before the court, as fully as he would do, but for the act of the defendant by playing a trick upon the court and also upon the plaintiff and the witnesses to prevent the truth being discovered, or ..... contract act ..... bench of the bombay high court has held that when the terms of the contract have been reduced to writing, extrinsic evidence as to what transpired subsequent 10 the contract is not admissible for ascertaining the terms in view of the provisions of s. ..... that although fraud vitiates the most solemn proceedings of courts of justice and avoids all judicial acts, yet fraud to be a ground for vacating a judgment must be extrinsic or collateral to the adjudications involved in the judgment and not been, or deemed to have been, dealt with by the court in the ..... the 3rd defendant for specific performance of the contract of the upper storey of amba bhavan ..... admits of a variety of meanings, 6th proviso to sec, 92 can be invoked which permits tendering of extrinsic evidence as to acts, conduct and surroundingcircumstances to enable the court to ascertain the real intention of the parties. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(5)ALD285; 2007(6)ALT796
..... hence, in the light of the view expressed by the apex court referred to supra and also section 65 of the indian contract act, 1872, and further in the light of the concurrent findings which had been recorded by both the courts below, this court is thoroughly satisfied that both in law and equity, a just order ..... the counsel also would submit that in the light of section 65 of the indian contract act, 1872, even if the transaction to be treated as void, the opposite party is bound to compensate the same and hence absolutely there is no illegality in the order of refund made in the facts and ..... section 65 of the indian contract act, 1872 deals with obligation of person who has received advantage under void agreement or contract that becomes void, which reads as hereunder:when an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it, to the person from ..... according to section 2 of the contract act, an agreement which is enforceable by law is a contract and an agreement which is not enforceable by law ..... therefore, section 65 of the contract act did not apply.strong reliance was placed on the decision of division bench ..... were justified in decreeing the suit for relief of alleged refund of amount, when both the parties to the contract are equally guilty and the doctrine of impais-delicto and relevant principles, section 23 of indian contract act ?7. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP18; 2003(5)ALD116; 2003(6)ALT121
..... 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 to do an act impossible in itself is void.contract to do act afterwards becoming impossible or unlawful-a contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.compensation for loss through non-performance of act known to be impossible or unlawful-- where one person has promised to do something which he knew, or, with reasonable diligence, might have known, and which the promisee did ..... the supreme court further held that the statutory provisions contained in section 56 of the contract act lay down a positive rule of law and the provisions of section 56 cannot apply to a case of 'self-induced frustration'.46. ..... in deciding cases in india, the only doctrine that we have to go by is that of supervening impossibility or illegality as laid down in section 56 of the contract act, taking the word 'impossible' in its practical and not literal sense. ..... the second paragraph provides that a contract to do an act, which becomes unenforceable, if the act becomes: a) impossible; or b) for reasons of some event which the promisor could not prevent. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1960AP178
..... dealt with the position of equity and law in dealing with section 55 of the indian contract act as follows: 'the law applicable to the point is contained in section 55 of the indian contract act, 1872, which provides that - 'when a party to a contract promises to do a certain thing at or before a specified time, or certain things at or before specified times, and fails to do any such thing at or before the specified time, the contract, or so much of it as has not been performed becomes voidable at the option of the promisee, if the ..... had happened in this case, still we are firmly of the opinion that the plaintiff could have availed himself of the rights available under section 59 of the indian contract act, as in this case clearly there has been a refusal on the part of the defendant to perform his part of the contract which consisted in the fresh proposal which is implied in the language of his registered notice (exhibit a-26) in which the defendant writes as follows: 'money is ready with my client ..... from the foregoing it follows that having regard to the application of sections 39 and 55 of the indian contract act, we are firmly of the opinion that the refusal of the defendant to perform his part of the contract and the time having been made the essence of the contract also, the plaintiff is entitled to succeed in having the relief sought for in the plaint decreed to him. 13. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2001AP260; 2001(2)ALT388
..... landlord for continuing in possession without any authority of law and similarly in view of the legal position already discussed hereinbefore as regards the principle of 'unjust enrichment' under the provisions of section 70 of the indian contract act, 1872, we come to the irresistible conclusion that the defendant-bank is liable to pay the plaintiff the entire amount of suit-claim. ..... examine in detail the conduct of the parties as could be seen in the documents extracted above with reference to the statutory provisions incorporated in the transfer of property act, 1882 as also indian contract act, 1872. ..... of the indian contract act, 1872 reads: '70. ..... to in what circumstances a person can be said to be a 'tenant holding over' has been explained by the apex court with reference to section 70 of the indian contract act, 1872 in b. k. ..... the respondent's claim against the appellant was, however, justified under section 70 of the indian contract act, and he came to the conclusion that the said claim was not barred by limitation. ..... the result was that the respondent's claim was upheld under section 70 of the contract act and a decree for the amount claimed by it was accordingly passed in its ..... at the trial the respondent had also relied upon section 65 of the indian contract act in support of its claim. ..... he held that having regard to the provisions of section 175(3) of the act there was no valid and binding contract between the respondent and the appellant for the construction of huts and sheds at .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : III(2003)BC508
..... as per section 72 of the indian contract act, 1872, the amount of export duty collected separately by the defendant from the plaintiff was under a mistake of law and, therefore, the defendant is bound to refund the same. ..... union of india, : air1962sc1006 , made the following observations while interpreting section 64-a of the indian sale of goods' act.this section provides for the recovery by the seller of the amount of increase in duty from the purchaser where the increase takes effect subsequent to the contract and for the right of the purchaser to recover from the seller the duty in cases where there is a similar decrease and this right exists both before the delivery ..... , air 1963 bombay 222, the bombay high court held that the words 'deduct' and 'deduction' in sub-section (b) of section 64-a of the act do not relate to physical act of deduction at the time of payment of the price and that the phrase 'so much from the contract price' has no relation to the physical act of payment of price, but in the context it refers the right of the purchaser to take off the duty in the process of calculation of arriving at the contract price. ..... under section 55 of the act where under a contract of sale the property in the goods has passed on to the buyer and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract, the seller may sue him for the price of the goods. .....
Tag this Judgment!