Court : Gujarat
Reported in : 1988(35)ELT88(Guj); (1988)1GLR388
..... detail earlier, the ratio of the decisions of the three division benches of this court which have, after elaborate consideration of various aspects of the matter, centering round the legal requirements of section 72 of the contract act, have taken the view that unless the concerned plaintiff shows that it has suffered legal injury or prejudice, it cannot, merely on the ground that tax alleged to have been recovered is shown to be illegally ..... 466) : 'section 72 of the indian contract act, 1872, recognised that a person to whom money has been paid, or anything delivered, by mistake or ..... 24(2) glr 1108 was whether the plaintiff, new india industries, which had claimed refund of excise duty paid to the excise department by filing a suit under section 72 of the indian contract act, was entitled to the same and whether the said suit could be decreed in the absence of proper pleading and proof which were the basic requirements of section 72 of the said ..... that the supreme court, in that decision, was not concerned with the maintainability of a civil suit under section 72 of the contract act nor was it concerned with the further inquiry as to what would be the basic requirements for such a suit which would entitle ..... was taken in the written statement by the defendant that the plaintiff's suit was not maintainable for non-compliance with the mandate provisions of section 72 of the contract act, and that no such issue was raised or argument was canvassed before the trial court is concerned, it. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2000Guj313; (2000)3GLR2378
..... two principles with regard to compensation for loss of damage caused by breach of contract as envisaged by section 73 of the indian contract act, 1872 are well settled :--(i) as far as possible he who has proved a breach of bargain to supply what he contracted to get is to be placed, as far as money can do it, in as good a situation as if the contract had been performed, but(ii) that there is a duty on him of taking all reasonable steps to mitigate the loss consequent on the breach and debars him from claiming any part of ..... in above view of the matter, it would clearly appear that the trial court has failed to consider two aspects of the matter :(i) breach of contract having been committed by the first 2 defendants as aforesaid by not accepting the unchallenged evidence of the plaintiff, and (ii) by not considering the material on record for awarding just and proper damages to the plaintiff from ..... when the defendants wrote several letters calling upon the plaintiff to send their representative for second inspection, the plaintiff did not act and went on saying that the tank was beyond the scope of rectification to the requirements of the plaintiff and ultimately as the plaintiff did not send their representative, the defendants wrote to them that ..... it would be trite law to say that where the subject matter of the contract is procurable in the market at the time of breach of contract, the damages are to be taken at the value of the article or the subject matter at the time of the .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1998Guj46; (1997)3GLR1855
..... ) and section 4 of the indian contract act, 1872 (act) are the legal questions in focus ..... having put into scales the rival versions and the relevant aforesaid proposition of law and considering the real design and purport of section 20(c) of the cpc and section 4 of the contract act, we have no hesitation in finding that the impugned judgment and decree recorded by the trial court, at mehsana, holding that part of cause of action had arisen within its territorial ..... of section 20(c) of the cpc and provisions of section 4 of the contract act, part of cause of action arose at surat or bombay and not at mansa.performance of contract is part of cause of action and suit in respect of breach can also be filed at a place where contract should have been performed or it has never completed. ..... advocate appearing for the plaintiff-contractor has contended that the civil court at mehsana had jurisdiction to entertain the suits for breach of contract as part of the cause of action had arisen within the territorial jurisdiction in view of the following aspects :(i) that intimation of conclusion of contract like that acceptance of tender agreement was received from surat by telegram at mansa in mehsana district at the office of the plaintiff- ..... as section 4 of the contract act are most relevant and we are in ..... section 4 of the contract act provides as to when communication of acceptance of offer becomes complete, section 4 as ..... at this stage to refer to provisions of section 4 of the contract act. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1997Guj24; (1997)1GLR774
..... stage appropriate to have a close look into the provisions of section 171 of the indian contract act, 1872. ..... account and other account all proceeds of fixed deposits duly credited in cash credit account, it was held that relying on the provisions of section 171 of the contract act the balance can be adjusted by appropriating the amount lying in the separate account in exercise of general lien by the bank.30. ..... 118 the principles of banker's lien under section 171 of the contract act are very well highlighted. ..... 171 of the contract act provides for a ..... the acknowledgment is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the indian evidence act, 1872 (i of 1872), oral evidence of its contents shall not be received.' 20. ..... well be seen from the aforesaid provision that bankers have general lien in the absence of contract to the contrary to retain security for general balance of accounts or any goods bailed to ..... money to another, he has, obviously a lien on all securities which come into his hands for the amount of his general balance, unless there is an express contract or circumstances to the contrary, which is not the factual scenario in the present case.29. ..... 72, in relation to the rate of interest, while viewed in the light of the provisions of sections 22 and 35-a of the banking regulation act, 1949, and the evidence on record, the rate of interest awarded by the trial court, before and after the suit, is contractual rate and it is quite .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1969Guj178; (1969)GLR457
..... the said exception in order 30 is a limited exception as mentioned in order 30, rule 4, which runs as under :-- '(1) notwithstanding anything contained in section 45 of the indian contract act, 1872, where two or more persons may sue or be sued in the name of a firm under the foregoing provisions and any of such persons dies whether before the institution or during the pendency of any suit, ..... the firm can be filed 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 very restriction of this exception in rule 4 only to the case where the partner dies makes it amply clear that otherwise the provisions of section 45 of the indian contract act would normally prevail and any suit without joining all the partners or by the compendious use of the firm name without disclosing all the partners would obviously fail in fact in case of a ..... support of our view that where firm sues all the partners in whose favour the cause of action had accrued are suing and that is why there is no bar of section 45 of the indian contract act and there would be equally no bar of section 69(2) of the act, where names of all those partners of the reconstituted firm are shown in the register of firms. ..... right in pointing out that in cases of co-promisees section 45 of the indian contract act would require that the promise in their favour can be enforced jointly by all of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj266
..... 'sub-section (1) of section 72 of the indian railways act reads as follows ':-'the responsibility of a railway administration for the loss, destruction or deterioration of animals or goods delivered to the administration to be carried by railway shall, subject to the other provisions of the act, be that of a bailee under sections 151, 152 and 161 of the indian contract act 1872 (9 of 1872). ..... in the instant case, the consignor or the bailor has not filed the suit, but the suit has been filed by the consignee, under section 161 of the contract act, in the case of bailment the bailee is responsible only to the bailor, and if a person, who is not a bailor, files a suit against the bailee for any loss, destruction or deterioration of goods, it is for him to show how he is entitled to ..... for instance, section 226 of the contract act provides that contracts entered into through an agent, and obligations arising from acts done by an agent, may be enforced in the same manner, and will have the same legal consequences, as if the contracts had been entered into and the acts done by the principal in person. ..... the word 'bailment' is thus defined in section 148 of the indian contract act :-'a 'bailment' is the delivery of goods by one person to another for some purpose upon a contract that they shall, when the purpose is accomplished, be returned or disposed of according to the directions of the person delivering them. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1970Guj12
..... clause (h) provides that 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, or (3) to a person legally disqualified to be transferee. ..... it is hardly necessary to point out that even if any such agreement were declared to be void, by reason of section 65 of the indian contract act, the plaintiff would be entitled to get back his amount and the defendant was bound to restore it after making compensation for it when he has received any such advantage. ..... section 31 of the contract act defines a 'contingent contract' as a contract to do or not to do something, if some event, collateral to such contract, does or does not happen. ..... section 11 of the contract act defines the capacity to contract as under:-'every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject. ..... on the basis of this provision contained in section 32 of the indian contract act, he contended that the performance of the contract depended upon the defendant obtaining a certificate from the custodian and that, therefore, it became a contingent contract. .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR2777
..... it was further submitted that in view of section 65 of the indian contract act, 1872, 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 ..... learned counsel for the builder submitted that in view of section 19a of the indian contract act, 1872, if there is undue influence, then, the agreement which is a contract, is voidable at the option of the party whose consent was so obtained. ..... case of defective work it should also be remembered that the final certificate may, in the absence of an overriding arbitration clause, bind the employer and prevent him from alleging defective work altogether, and many contracts where no architect is used, particularly private-developer sales (or sales of houses `in the course of erection') may, depending on their terms, extinguish liability upon the later conveyance under the caveat emptor principle. ..... him it was nothing but an invitation to offer as contemplated in the indian contract act. ..... apart from the fact that the contract cannot stand in the eye of law in view of the judgment reported in 1986 sc 1571 which we have discussed above, it also appears that the agreement is in contravention of the provisions of the flats act and the promoter / builder has not followed the provisions contained in the aforesaid flats act and even the officers of the corporation kept .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2002Guj428; (2002)2GLR1768
..... 25 no person shall be admitted as a member of a society except the following, that is to say - (a) an individual, who is competent to contract under the indian contract act, 1872; (b) a firm, company or other body corporate constituted under any law for the time-being in force, or a society registered under the societies registration act, 1860: (c) a society registered, or deemed to be registered under this act; (d) the state government; (e) a local authority ; (f) a public trust registered or deemed to have been registered under bombay public ..... trusts act, 1950; provided that the provisions of clause (a) shall not apply to an individual seeking admission to a ..... of the indian contract act, 1872 reads as under ..... is that the individual competent to contract under the contract act is eligible to be admitted as member ..... that the trustees who are admitted as members or in whose name the shares have been transferred cannot be said to be individual/individuals competent to contract under contract act, and therefore, cannot be admitted as member of a society even under section 22(1)(a) of the act. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1990Guj105; [1992]73CompCas209(Guj); (1985)1GLR57; (1990)1GLR628; (1990)1GLR628
..... and 176 of the indian contract act, 1872, provide for bailments or ..... power or procedure is prescribed for recovery of taxes, public moneys, public premises and for collection of public funds, the legislative intention is clear that the legislature wants the authority to act quickly and effectively and this power has been given to the board which consists of high government officers, nominees and directors and they are expected to exercise the power justly and fairly ..... on the other hand, this is a case of the mortgagor, under the freedom guaranteed under article 14, holding property and subject to a freely negotiated contract by him, acquiring funds thereon providing for the disposal of the property in the event of his not being able to discharge the mortgage in the ..... union of india, air 1965 sc 247, was also considered wherein the question arose as to whether the power under section 125 of the army act which empowered the officer either to try a case by court martial or by an ordinary court or by a criminal court, was left entirely within his discretion without any guidance, and was violative of ..... corporation to appoint directors oradministrators of an industrial concern when management istaken over32b effect of notified order under section 32a32c powers and duties of directors and administrators32d no right to compensation for termination of contract ofmanaging agent, managing director, etc.32e application of act 1 of 195632f restriction on filing of suits for dissolution, etc. .....
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