Court : Andhra Pradesh
Reported in : AIR1992AP246; 1992(2)ALT144
..... 23 of the contract act have to be seen as referable to the specific covenant in the agreement. ..... 23 of the contract act.20. ..... 23 of the contract act. ..... 23 of the contract act.15. ..... came to the conclusion that as the suit land is agricultural land and as there is no prohibition for alienating the same as agricultural land, the transaction is not hit by the provisions of the urban land (ceiling and regulation) act, 1976 and that the contract in favour of the plaintiff is enforceable in law. ..... 27(1) of the ceiling act imposed prohibition to alienate any urban or urbanizableland, except to the extent indicated therein, sub-section (2) thereof lifts out its rigour by giving right to a party to enter into a contract subject to obtaining the sanction from the competent authority therein. ..... the contract is in violation of the term$ of the act which came into force in 1976. ..... (5) whether the suit contract is violative of provisions of urban land (ceiling and regulation) act, 1976. ..... the contract entered into with the plaintiff is void as it violates the provisions of the urban land (ceiling & regulation) act, 1976, and unless necessary exemption is granted, it is impossible for this defendant to execute the sale deed in favour of the plaintiff. ..... though the judgment mentions about certain provisions of the act, the subordinate judge never tried to find out the ingredients of the various definitions and their applicability or otherwise to the suit contract. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1963AP216
..... casts a duty on the contractor to finish the work within the specified term and if he fails to do so, the divisional engineer is given a discretion to cancel the contract and employ other persons to execute the remaining portion thereof, recover from the contractor any extra cost that such proceeding might entail or he may allow the contractor to complete ..... the lower court has held that the government was competent to forfeit the earnest money and the further security under clause 10 of the agreement as the contract was not performed before the due date and explanation for delay was given by the contractor that because he had to quarry metal in quarries which were at greater ..... official liquidator, and section 74 of the indian contract act, lastly, it is contended that assuming that the government had no right to forfeit the earnest money and further security, still the plaintiff is not entitled to recover these amounts, ..... have to consider is whether on a true construction of section 74 a case of a deposit or of any amount paid at the time the contract is entered into for the due performance of the contract comes within the ambit of section 74 and whether the rights of parties in relation to this deposit or sum can be adjudicated upon under the ..... section 74 of the indian contract act is applicable to a deposit made for the due performance of a contract. ..... it acts in terrorem and parties are induced to carry out their obligations under the contract for fear of forfeiture if the contract is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1978AP281
..... does not mean that if in a narrative a reference is made to contention of one party that opens the door to seeing first what that contention is, and then going to the contract on which the parties' rights depend to see if that contention is sound. ..... he did not complete the work in spite of repeated extensions of time, the contract was finally terminated with effect from 30-7-72 under clause 61 of p.s. to a.p.d.s.s. ..... the absence of specific reference about the construction of a contract the jurisdiction of the court was not taken away. ..... but we are of the opinion that in the absence of a contract, the contractor is not liable to pay revised charges for the machinery already hired by ..... respondent also requested the department to terminate the contract in his letter dated 18-7-1972. ..... mere reference to the contract in the award is not to be held as incorporating ..... while terminating the contract, on 30-7-1972, the executive engineer did not refer to the contractor's letter date 18-7- ..... the time of the contract the rates were low. ..... held that it would meet the ends of justice if the determination of the contract under ci.61 of p. s. to a. p. d. s. s. ..... to the supply of gelatine, the second to the payment of hire charges for the machinery supplied by the government and the third is to the difference of amount payable by the contractor to the government on termination of the contract.3. ..... 14 (2) of the arbitration act for directing the arbitrator , the 4th respondent , to file the award into court. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1993AP1; 1992(1)ALT603
..... the complaint of the petitioner-company is that even though its bid which was the highest was accepted and the contract was entered into and that it was entitled to exercise its sand quarry operations in those areas covered by the leases, it was not permitted to exercise its rights by the local people headed by the people's representatives, be ..... was accepted and having regard to the fact that he was prevented from exercising his rights under the leases and the inaction of the respondent in setting right the matters has frustrated the contract and the respondents had absolutely no right or authority to hold up the said lease amounts aggregating to rs. ..... as the contract is a statutory one, as the legal right of the petitioner to quarry was invaded by the public and governmental authorities leading to frustration of contract, as the acts leading to frustration of contract are admitted by the respondents, as there is no disputed question arises for determination of the amount claimed inasmuch as the amount claimed is neither by way of damages nor for any breach of contract, we hold that it is not justifiable for this court to drive the petitioner to seek the common law ..... it is the case of the petitioner that even though no approach roads were there to reach the spots for sand quarrying, acting upon the leases granted to it, with much expenditure and labour, the roads were laid so as loanable it to carry the transport vehicles for the purpose of quarrying and loading the sand into .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1976AP273
..... it is therefore to be recognised that although the hypothecation and mortgage of moveable are not specifically mentioned in the contract act, but that act not being exhaustive law on the subject and as the above said transactions have long been recognised as valid in india these transactions will have to ..... learned author mulla in the transfer of property act, the transfer of property act refers to mortgages of immovable property and the indian contract act refers to pledges of moveable property but neither act deals with mortgages of moveable property. ..... this principle that the hypothecation or mortgage of moveable property, although to specifically provided in the contract act are valid and a decree can be passed in enforcement of such transactions.20. ..... as observed in sanjiva row's commentaries on indian contract act 'a 'pledge' is delivery of goods by the pledgor to the pledgee by way of security upon a contract that they shall when the debt is paid or the promise is performed be returned or otherwise disposed of according to the ..... section 172 of the indian contract act defines 'pledge' as follows :'the bailment of goods as security for payment of a debt or performance of a ..... as pointed out by sanjiva row in his commentaries on the indian contract act, in radhakirhsnan v. ..... of disposition which is limited to the disposition of pledgee rights only and of a sale only after notice and subject to certain limitations as is clear from the various provisions of the indian contract act.'19. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1975AP169
..... the case before the house of lords was a scotish case, the law of scotland was not different on the matter from the english law and that the indian contract act closely followed the english common law in that matter.17. ..... in the note to section 120 of the act, the learned authors of pollock and mulla's contract act point out that two courses are open to ..... bring his action as on a breach of it, or:he may treat the notice of intention as inoperative, and await the time when the contract is to be executed, and then hold the other party responsible for all the consequences of non-performance, but in the latter case he keeps the contract alive for the benefit of the other party as well as his own; he remains subject to all his own obligations and liabilities under ..... mulla's indian contract act, ix edition ..... the first instalment of the delivery on 7-6-1963 there was complaintfrom the defendants and also the second instalment of the delivery made on 24-6-1963 contained quality of cotton not contracted for in that it was mixed with willowed roving, we think the defendant was entitled to refuse the acceptance of the entire 500 bales.14. ..... really governed by section 39 of the contract act. ..... to section 37 of the sale of goods act which reads;'where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or may reject the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1974AP243
..... sethna, 60 ind app 368 = (air 1933 pc 333) it was held in that case that,'a wrongful repudiation of a contract by one of the parties does not enable the other party to sue to enforce the promise to him therein contained without having performed a reciprocal promise which by the contract, construed according to section 52 of the indian contract act, was to be performed before the promise which he seeks to enforce: it is not sufficient that the plaintiff was always ready ..... norman, (1842) 9 m &w; 820 lays down that the words 'readiness and willingness used in such a connection imply not only the disposition but the capacity to perform the contract, then says that when repudiation is accepted and acted upon by the seller, as it evidently was in this case, the seller is relieved from the performance of all conditions precedent, including the conditions of being ready and willing at the ..... though the plaintiff was financially sound and had the means to raise the resources to meet his obligations under the contract under the contract, he did not show any readiness and willingness to discharge the debts due to by the 1st defendant although the discharge of such debts was an essential ..... the other party can treat the repudiation as determining the contract and claim damages under section 53 of the act if he does not take that course of repudiation does not affect the rights or ..... the party is absolved from doing his part of the contract only if he accepts the repudiation and acts upon it. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1989AP276
..... the indian contract act, 9 of 1872. ..... rescission of the contract under section 64 of the contract act i am clearly of the opinion that once the time is made the essence of the contract, if there is undue delay on the part of the plaintiff the court can refuse the enforcement of the contract irrespective of the fact that the promisee has terminated the contract or not by rescission ..... 8, the trial court held that the agreement is not void and unenforceable in view of the conditions of hire purchase agreement, and though time is made the essence of the contract the defendant has not avoided the contract as per law and hence the plaintiff is entitled to specific performance of the agreement to self and directed him to pay the balance of the amount due under the agreement ..... place under section 64 of the contract act, the contract becomes unenforceable. ..... section 64 of the contract act simply envisages that a person at whose option the contract is voidable can rescind it ..... must look into sections 55 and 64 of the contract act, which read as follows :'55. ..... or in unambiguous words determine the contract under section 64 of the contract act. ..... of section 55 of the contract act. ..... effect of agreed extensions: where time is of the essence of the contract and one party waives the right to insist on performance ,by the stipulated time and allows an extension, his act does not operate as an entire waiver of the essential condition as to time, but merely has the effect of substituting the extended time .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1964AP555
..... illustration (b) to section 139 of the indian contract act (ix of 1872) shows that there is nothing inconsistent between a person being in fart a surety and his executing promissory note in favour of the creditor. ..... an equitable mortgage of all the properties of the 2nd respondent for another debt and that as his eventual remedy against the 2nd respondent was thereby impaired, he stood discharged under section 139 of the indian contract act.the learned subordinate judge upon a construction of exhibits a.1 and a.2, rejected the 1st respondent's contention that both the 2nd respondent and the appellant were co-obligants or principal debtors. ..... karnedan, air 1935 mud 643 for his contention that, as the maker of a promissory note gives, under section 4 of the negotiable instruments act, an unconditional undertaking to pay, he cannot become a surety within the meaning of section 126 of the indian contract act, whose liability is conditional on the default of the principal debtor. ..... section 139 of the indian contract act reads as follows:'if the creditor does any act which is inconsistent with the rights of the surety, or omits to do any act which his duty to the surety requires him to do and the eventual remedy of the surety himself against the principal debtor is thereby impaired, the surety is discharged. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(3)ALD377; 1999(3)ALT443
..... learned single judge failed to note or consider the effect of the latter part of section 174 of the contract act which contains the following crucial words:'but such contract, in the absence of anything to the contrary, shall be presumed in regard to subsequent advances made by ..... holding that as the fixed deposit receipts were given in connection with the bank-guarantee only, the covering letter and the endorsement thereon relating to the bank-guarantee would constitute a contract contrary to the general lien of the bankand consequently the bank has no lien over it and the decree-holder is not entitled to; attach the fixed deposit receipts which belong to the judgment ..... section 171 of the indian contract act deals with general lien of bankers, factors, ..... the petitioner in the instant case that there wasany such contract to the contrary displacing the presumption available under latter part of section 174 or the right of general lien available under section 171 of the contract act. ..... have been pledged with the bank against a specific loan the bank cannot have a general lien so as to cover the other debts in view of section 174 of the indian contract act (for short 'the act'). ..... rule of law with regard to general liens is clearly laid down in the 171st section of the contract act. ..... is the contention of the respondent-bank that it has a general lien under section 171 of the act and the fact that the jewels were pledged for raising a specific loan does not amount to a contract io the contrary. .....
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