Court : Andhra Pradesh
Reported in : 2005(4)ALD86; 2005(4)ALT524
..... judgment held:contract act, 1872 - section 28 - void -agreement - seeks to curtail the period of limitation - would be void.from the case-law referred to above, the legal position that emerges is that an agreement, which in effect seeks to curtail the period of limitation and prescribes a shorter period than that prescribed by law would be void as offending section 28 of the contract act. ..... held:'court' does not mean civil court only -it means any other authority or tribunal having the trappings of a court-deputy commissioner of labour constituted as an authority under section 41(2) of the tamil nadu shops and establishments act to hear and decide appeals is a court within the meaning of section 14 - the entire period of time during which the appeal before him was pending is liable to be excluded for computing the period of limitation ..... sixthly, the first appellate court failed to see the nature of contract of insurance and claim made thereunder is a contract uberrima fides (contract in utmost good faith) and admitted subject of fake bills in a claim is a clear proof of the fraudulent act on the part of the plaintiff and lack of uberrima fides on the part of plaintiff and therefore, the defendants could avoid all its liability ..... to section 28 of the contract act. ..... would fall outside the scope of section 28 of the contract act. ..... in the agreement would not fall within the mischief of section 28 of the contract act. ..... such a condition is void under section 28 of the indian contract act?3. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(5)ALD473
..... specifies that in this act, unless there is anything repugnant in the subject or context expressions used but not defined in this act and defined in the indian contract act, 1872 (9 of 1872) shall have the meaning assigned to them in that act.15. ..... 1 is the valid and binding on the appellant herein and similarly statement of account marked as ex.b-2 has any bearing to the suit transaction?c) whether the act of the then manager does not bind the respondents 1 and 2 herein, who accepted as their agent?d) whether the evidence of d.w.1 and d.w.2 having no personal knowledge ..... the learned counsel also had drawn the attention of this court to section 25 of the indian partnership act and also section 2(a) and 2(b) of the said act and would maintain that in the light of the said provisions, the decree of the court of first instance to be restored and the findings recorded by the appellate court to be disturbed by setting aside ..... the appellant-plaintiff had not chosen to examine any other witness to substantiate his stand that a mere employee, the then manager, of the firm had been acting as an agent or by virtue of different transactions of the firm transacted by the then manager the implied agency could be inferred. ..... in other words, the counsel would maintain that the firm cannot be made liable for such unauthorized acts of the manager and if at all any receipts had been passed by the manager even specifying the name of the firm, the manager as such may be fastened with the liability .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2010(1)ALT297
..... neither the contract act, 1872 nor the act defines the expression 'public policy' or 'opposed to public policy'. ..... brojo nath ganguly : (1986)iillj171sc the supreme court dealing with 'public policy' held as under:the indian contract act does not define the expression 'public policy' or 'opposed to public policy'. ..... the court can also reduce the interest awarded by the arbitrator, if any, in consonance with the prevailing market rate of interest as per the provisions of the interest act.b) once the arbitrator dealt with a specific claim and rejected the same, the only remedy available to the court is to quash the award granting liberty to the parties to begin the arbitration again if it is so desired.c) a claim ..... once the arbitrator rectified the typographical mistake of date crept in the original award, further when the parties have filed an application under section 33 of the act for payment of interest from 01-10-1987 to 31-03-2001 was rejected by the arbitrator by his additional award, which is within the realm of his jurisdiction, and when the same is not opposed to public policy it is not open for ..... in rajasthan state road transport corporation (2 supra) the supreme court was dealing with appellate powers under section 39 of the arbitration act, 1940, where the award passed by the arbitrator was made rule of court by the district judge, which was set aside and remitted the matter for fresh adjudication by the high court to the arbitrator .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007ACJ2198; 2007(1)ALD177; 2006(6)ALT806
..... , the indian contract act, 1872.31. ..... conduct of the insurer in accepting and encashing the cheque and issuing a letter for renewal of policy to the insured would only indicate that the offer made by the insured had been accepted resulting in a concluded contract with binding force on both parties with enforceability from the last date of expiry of the existing policy.41. ..... jayasree sarathy, learned counsel appearing for the insured in both the civil miscellaneous appeals, contends that as per the explanation of sub-section (2) of section 64vb of the insurance act, the premium paid should be understood as paid on the date on which the money order is booked or the cheque is posted.19. ..... is that, if really the insurer is not interested with the offer of the insured, the payment of money by the insured requesting for renewal, exercising its jurisdiction vested under sub-section (3) of section 64vb of the insurance act, can be rejected and, in fact, could have been rejected by the insurer by refunding the same to the insured. ..... if we put it in a different way, the policy, since possessing all trappings of contract, is a contract with binding effect under the general law.32. ..... though a plain reading of explanation to sub-section (2) of section 64vb of the insurance act indicates assumption of risk from the date of the money order is booked or the cheque is posted, still the policy or the time for coverage of risk would continue to operate, or get extended by virtue of the undisputed facts of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(3)ALD539; 2008(2)ALT109
..... as per explanation to proviso of rule 3 order xxiii cpc compromise which is void, or voidable under the indian contract act, 1872, shall not be deemed to be lawful, the order passed in as no. ..... true the court would not rewrite a contract between the parties but the court would relieve against a forfeiture clause and where the contract of the parties has merged in the order of the court, the court's freedom to act to further the ends of justice would surely not stand curtailed and set-aside the judgment and remanded the matter to the high court for fresh disposal.14. ..... once the defendants themselves resiled from the contract and not honoured the terms of compromise, they are nor entitled to seek enlargement of time for deposit of the amount.19. ..... this is so because a consent decree is nothing but contract between parties superimposed with the seal of approval of the court....16. ..... time was stated to be the essence of the contract between the parties. ..... in the process, they used the court as an instrument of oppression to perpetuate the fraud on the plaintiffs and to continue in possession depriving the plaintiffs from enjoying the fruits of the decree by resiling from the contract on untenable grounds. ..... /defendants put forward with certain conditions for honouring the terms of the compromise as fore mentioned only to weaken the plaintiffs as they are not in a position to bargain the terms with the appellants/defendants and to act according to the tunes of the appellants/defendants. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ALD270; 2008(1)ALT701
..... for the purpose of deciding the question, unless the court, for reasons to be recorded, thinks fit to grant such adjournment.explanation:- an agreement or compromise which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule.20. ..... to reduce the section itself, which is as follows:subject to the provisions of section 46 and save in so far as is otherwise provided by any law for the time being in force, the provisions of this act shall apply to all arbitrations and to all proceedings thereunder; provided that an arbitration award otherwise obtained may with the consent of all the parties interested be taken into consideration as a compromise or adjustment of a suit by ..... we are accordingly of opinion that under the proviso to section 47, an arbitration award obtained otherwise than in proceedings taken in accordance with the act cannot without more be recognized as a compromise or adjustment of the suit; that no decree can be passed thereon under the provision of order 23, rule 3; and that the ..... looked into as the same does not come within the purview of the 'award' as defined in arbitration act and in which case, it cannot be relied on to arrive at a conclusion whether any settlement took place ..... page 13?2) whether in case of compromise between the parties, the provisions of section 47 of the arbitration act are to be observed?3) whether the facts and circumstances required under order 32, rule 7 has to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(4)ALD758; 2003(2)ALT610; (2003)184CTR(AP)596; [2003]262ITR306(AP)
..... circular dated 2-10-1979 issued by the port trust which inter alia stated that 'the board of trustees of the port of bombay have been advised that under section 171 of the indian contract act, 1872, they have a general lien which they can exercise on the goods which come into their custody of importers, exporters, owners, consignees who have for any reason whatsoever not paid the ..... port of bombay was not entitled to claim a general lien under section 171 of the indian contract act, as it was not permissible for the port trust to rely upon the indian contract act so as to claim a general lien. ..... the learned senior standing counsel submitted that it would not be enough to claim exemption under section 5(1)(xii) of the wealth tax act on the ground that the asset is a 'work of art', but the assessee must further plead and establish that such 'work of art' ..... contended that the jewellery, which is considered to be an asset, in respect of which wealth tax is liable to be paid under the provisions of the wealth tax act, by inclusion of such asset in the net wealth, cannot be exempted under the guise of characterising such jewellery as 'any works of art'. ..... prakash reddy, learned senior counsel appearing on behalf of some of the assessees contended that section 5(1)(xii) of the wealth tax act is a special provision providing exemption in respect of certain assets, such as 'works of art', and the nature of the very provision indicates that the value of such assets shall not be included in the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(4)ALD61; 2006(3)ALT505
..... explanation was added to the said rule 3 as per which an agreement or compromise which is void or voidable under the indian contract act, 1872, shall not be deemed to be lawful within the meaning of this rule. ..... explanation made it clear that an agreement or a compromise which is void or voidable under the indian contract act shall not be deemed to be lawful within the meaning of the said rule. ..... order to avoid multiplicity of suits and prolonged litigation, a specific bar was prescribed by r.3-a in respect of institution of a separate suit for setting aside a decree on the basis of a compromise.in view of the above, it is clear that after the amendment act 104 of 1976, as held by the apex court that only an application to set aside a compromise decree is maintainable before the same court, which passed such an order or decree, but not a separate suit.9. ..... in fact, the calcutta high court did not considervarious provisions that were amended by the amendment act 104 of 1976 as well as rule 3-a of order xxiii whe re there is a specific bar as to the institution of the separate suit.in mohan ..... the consent decree is contract between the parties and suit for adjudging it void and/or setting aside a decree on the ground of its having been obtained through misrepresentation or fraud lies under section 31 of the specific relief act whereunder a person against whom a void or voidable instrument, which includes a decree, and which causes serious injury can file a suit in civil court to get it .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(6)ALD668; 1999(6)ALT103
..... order 30, rule 4 of the civil procedure code provides that notwithstanding anything contained in section 45 of the indian contract act, 1872, two or more persons may sue or be sued in the name of a firm under the foregoing provisions and if any of such person die, whether before the institution or during the pendency of any suit, it shall not be necessary to ..... 10,94,047-55 and costs and interest within such time as the hon'ble court may fix in this regard to realise the same with further interest at contract rate with 1/2 yearly rests and costs by sale of the plaint a and b schedule mentioned property of defendants 3 and 4 respectively;' 14. ..... whether the defendants are not entitled to the benefit of ap act iv of 1938 and ap act vii of 1977 and usurious loans act in view of the amendment made to section 21-a of banking regulations act, 1949? ..... therefore, article 62 of the limitation act is not applicable as it is essentially a suit for recovery of money and the period of limitation is three ..... 1st defendant, however, pleaded that the interest claimed is exorbitant, excessive, usurious and arbitrary, that the 1st defendant firm is an agricultural unit and they are agriculturists, and that they are attracted by act iv of 1938 and also the usurious loans act. ..... by the supreme court that:'.....the persons who are individuallycalled partners are collectively a firm, and the name under which their business is carried on is called the firm name, see section 4 of indian partnership act, 1932. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(3)ALT435
..... (h) no transfer can be made (1) in so far as it is opposed to the nature of the interest affected thereby, or (2) for an unlawful object or consideration within the meaning of section 23 of the indian contract act, 1872 (9 of 1872), or (3) to a person legally disqualified(i) nothing in this section shall be deemed to authorize a tenant having an untransferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate, under the ..... expressed by the various high courts including this court in the above cited decision in ramender reddy case (22 supra) that when the permission of the district court as contemplated under section 8(2) of the hindu minority and guardianship act is not obtained, the agreement of sale executed by the natural guardian of the minors cannot be enforced against the minors even if it is to be said that such an agreement is found to be for the benefit of the minors and that ..... years shall ordinarily be with the mother;(b) in the case of an illegitimate boy or an illegitimate unmarried girlthe mother, and after her, the father;(c) in the case of a married girl-the husband:provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section-(a) if he has ceased to be a hindu, or(b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi).explanation: in this section, the expressions .....
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