Judgment Search Results Home > Cases Phrase: contract act 1872 Court: gujarat Page 4 of about 5,214 results (0.042 seconds)

NajmudIn I. Bharmal and ors. Vs. Charotar Gramoddhar Sahakari Mandali ...

Court : Gujarat

Reported in : (1997)1GLR547

..... xxx xxx xxxxxx xxx xxxit could very well be seen from the aforesaid provisions of section 56 of the indian contract act, 1872, that the contract to do an act, after it is made, when it becomes impossible by reason of any event, which the promisor could not prevent or it becomes ..... the contract act, 1872, provides that, an agreement to do an act 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 ..... in the case of shah jitendra nanalal (supra), this court passed a conditional decree for specific performance, subject to exemption being granted under the provisions of section 20 of the urban land (ceiling and regulation) act (33 of 1976) and observed that:the passing of a conditional decree for specific performance of the obligation of the holder to transfer vacant land in excess of ceiling limit held by him subject to exemption being obtained ..... 56 of the contract act becomes applicable:(1) a valid and subsisting contract to meet the purpose ..... 56 of the contract act makes a provision for frustration of the contract.this finding of ..... once the court finds that the contract has become impossible to be performed, there cannot be a decree for specific performance of such act or action to be impossible or the performance of which .....

Dr. Thakorlal V. Patel Vs. Lt. Col. Syed Badruddin

Court : Gujarat

Reported in : (1993)1GLR28

..... section 55 of the indian contract act, 1872 ('contract act' for short) makes the provision with regard to the effect or failure to perform the contract at the fixed time, in which time is essential. ..... if time is not the essence of the contract, then the contract does not become voidable on failure to perform the contract within the fixed time and the defaulting party is not liable for compensation of any loss caused thereto.so the entire genesis under section 55 of the contract act is to determine first whether under the contract time is of the essence. ..... it is further held in the said case that section 74 of the contract act is clearly an attempt to eliminate the somewhat elaborate refinements made under the english common law in distinguishing between stipulations providing for payment of liquidated damages and stipulations in the nature of penalty. ..... the question of appreciation of the provisions of section 74 of the contract act will come into play only in case of unreason-ableness of the amount stipulated in the agreement. ..... section 55 of the contract act postulates that:(i) where the contractor promises to do certain thing at certain time,(ii) time is the essence of the contract according to the intention of the parties,(iii) and if the contractor fails to do it on the appointed date or prescribed time, the contractor or defaulter of it has not been performed his part of contract and it becomes voidable. .....

Union of India Vs. Wood Papers Ltd.

Court : Gujarat

Reported in : 1991(53)ELT189(Guj); (1989)2GLR1323

..... , 29(1) glr 388, a plaintiff who bases his claim under section 72 of the contract act, 1872 in order to succeed, has to show : (1) that the amount was paid under a mistake to the defendant and that at the time of payment, both the plaintiff as well as the defendant were labouring under mutual mistake; (2) that ..... after discussing the principles underlying the provision of section 72 of the contract act, 1872 and after referring to the aforesaid books on law of contracts, in para 14 of the judgment is further observed as follows : '.. ..... the division bench of this high court has also held that the aforesaid principles laid down by the supreme court squarely rest on the principles of restitution which in its turn is the foundation of section 72 of the contract act, 1872. ..... it is clarified at the bar that under general law means under the provisions of section 72 of the contract act, 1872. ..... the plaintiffs filed suit for a declaration that rule 11 of the central excise rules, 1944 is ultra vires the constitution is also ultra vires and certain provisions of the contract act and the limitation act and, therefore, the same be declared to be illegal and void and that the order passed by the assistant collector, surat, rejecting the application for refund of rs. ..... ' thereafter in that very judgment three basic requirements for completing a cause of action under section 72 of the contract act have been spelt out, and they have been extracted and referred to hereinabove in para 14 of this judgment. .....

H.T. Power Structure Pvt. Ltd. Vs. Union of India

Court : Gujarat

Reported in : 1992(40)ECC321; 1992(60)ELT565(Guj)

..... of the aforesaid proposition laid down by the division bench of this court, the petitioner in order to succeed to sustain the claim under section 72 of the contract act, 1872 must prove that the petitioner had made payment under mistake of law or that under coercion, compulsion or pressure. ..... of this position, the petitioner has not made out a case under section 72 of the contract act, 1872. ..... section 72 of the contract act requires the petitioner/plaintiff to prove the following three ingredients : (1) that the amount was paid under a mistake to the defendant and that at the time of payment, both the plaintiff as well as the ..... is also on account of the failure to fulfil the conditions to succeed while making claim under section 72 of the contract act. ..... petition, the petitioner has also contended that the provisions of section 11b of the act be held to be unconstitutional as it provides shorter period of limitation. ..... the provisions of section 11b of the act provide that the application for refund can be filed for a period of six months from the ..... based on the alleged constitutional invalidity of section 11b of the act must fail. 5. ..... reasons stated therein, the challenge to the constitutional validity of section 11b of the act cannot be sustained. ..... by it are not liable to excise duty at all because the process of cutting and straightening of the parts of iron and steel is not covered by the definition of manufacture contained in section 2(f) of the central excises & salt act, 1944. 2. .....

Mahendrakumar Chandulal Vs. Central Bank of India

Court : Gujarat

Reported in : (1984)1GLR237

..... the aforesaid analysis shows that there are binding decisions of division bench of equal strength which have taken inconsistent views regarding the group of sections dealing with bailment of the indian contract act, 1872 and the supreme court has not so far resolved the said controversy so as to declare that view expressed in the aforesaid case of official assignee bombay and the views of sankaran nair, j. ..... the learned chief justice while allowing the appeal and passing an order of redemption of the 26,000 asian shares in favour of the official assignee was pleased to observe as under:the indian contract act of 1872 applies to all contracts in india and with regard to a pawn is codification of the english common law. ..... under that section 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. ..... been held that where goods shipped under a bill of lading are lost, the consignee, who claims under the bill of lading to recover the loss is bound by its terms under section 1 of the bill of lading act 1856 and further that it is competent to a shipping company to protect itself by a clause inserted in the bill of lading from liability for the negligence of its servants notwithstanding section 151 of the indian contract act, 1872. .....

JaIn Mechants Co-op. Housing Society Ltd. and ors. Vs. H.U.F. of Manub ...

Court : Gujarat

Reported in : (1995)1GLR19

..... person shall be admitted as member of a society except the following, that, to say-(a) an individual, who is competent to contract under the indian contract act, 1872;(b) a firm, company, or any other body corporate constituted under any law for the time being in force or society registered under the society registration act, 1860;mr.zaveri has submitted that this section excludes eligibility for membership in all others cases except those mentioned in this section and ..... section, it stands excluded and only such an individual may become the member, who is competent to contract under the indian contract act, 1872, and even if a h.u.f. ..... is competent to contract under the indian contract act, 1872 the inclusion of ..... the word 'individual' is narrower in its connotation being one of the units for the purpose of taxation than the word 'assessee', the word 'individual' has not been defined in the act and there is authority for the proposition that the word 'individual' does not mean only a human being but is wide enough to include a group of persons forming a unit.the question raised ..... practice as to the meaning of the expression 'individual' in taxing statutes, but there is not even unanimity of judicial opinion as to the meaning of that expression in the indian income-tax act and the court was unable to hold that the expression 'individuals' used in defining the topic of legislation in the constitution does not include an association of individuals such as a hindu undivided family. .....

Halar Maritime Agencies Vs. Gujarat Maritime Board and ors.

Court : Gujarat

Reported in : (1992)2GLR819

..... (6) the responsibility of any such person for the loss, destruction or deterioration of goods of which he has taken charge shall, subject to the other provisions of this act, be that of a bailee under sections 151, 152 & 161 of the indian contract act, 1872.from the language of this section it is clear that the board has the power to undertake various services set-out in clauses (a), (b), (c) & (d) of sub-section (1) of section 32 ..... such person who is authorised shall exercise liability of bailee under sections 151, 152 and 161 of the indian contract act, 1872 for the loss, destruction or deterioration of goods of which he has taken charge. ..... in view of the aforesaid method of transportation of goods it shall have now to be determined as to whether the exercise of power by the board in authorising any person under section 32(3) of the said act to undertake landing and shipping work, more particularly, described herein-above, can be said to be arbitary and/or unreasonable so as to be voided by this court as violative of article 14 of the constitution of india.28 ..... hand, submission of the board is that the board has absolute power of control, administration and management of activities of minor ports and when the board decides to undertake that activity for all classes of persons by contract, the board is well within its right and power and it cannot be compelled not to perform any of its statutory functions.10. ..... chapter iv of the said act deals with property and contracts of the board. .....

Jayant Shantilal Sanghvi and ors. Vs. Vadodara Municipal Corporation a ...

Court : Gujarat

..... , the petitioner has prayed for the declaration from this court that the auction of the respondent corporation of inserting / adding the impugned condition as being inconsistent and incompatible with the provisions of the indian contract act, 1872, is violative of constitutional provisions like articles 14, 19 & 21 of the constitution of india and illegal and null and void.3. ..... under section 7 of the indian contract act, 1872, acceptance of an offer must be absolute and unqualified. ..... this makes the respondent corporation's acceptance conditional acceptance and, therefore, no acceptance under section 7 of the indian contract act, 1872. ..... special civil application no.10105 of 2007 is filed by the petitioner, namely, star infrastructure requesting this court to allow the petitioner to rescind and repudiate its original contract with the corporation concerning the sale to it of final plot nos.98 & 162 by holding that the corporation has unilaterally altered the original terms of the auction sale vide order dated 23.03.2007, and that has ..... joint action committee (supra) the apex court took the view that a party to the contract cannot at a later stage, while contract was being performed, impose terms and conditions which were not part of the offer. in m/s. ..... under section 108 (j) of the transfer of property act, 1882, a right of further transfer to a sub-lessee in absence of a written contract to the contrary is recognized. .....

Dhrangadhra Municipality Vs. Dhrangadhra Chemical Works Ltd. (F.A. No. ...

Court : Gujarat

Reported in : [1988]174ITR77(Guj)

..... we have discussed in 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 recovered, maintain a ..... 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 under coercion, must repay or return it. ..... as sales tax by the assessee but has spent them away in the ordinary course of the business of the state will not make any difference to the position and under the plain terms of section 72 of the contract act, the assessee will be entitled to recover back the monies said by it to the state under mistake of law'it becomes at once clear that the constitution bench was concerned with only one ingredient of section 72, viz ..... in new india industries case [1983] 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 .....

Kaira District Co-Op. Milk Producers' Union Vs. State of Gujarat

Court : Gujarat

Reported in : (1996)2GLR478

..... as provided by section 63 of the indian contract act, 1872, every promisee may dispense with or remit, wholly or, in part, the performance ..... as provided in section 126 of the indian contract act, a contract of guarantee is a contract to perform the promise or discharge the liability of a third ..... under clause (xi) which came to be amended by the corrigendum issued by the government on 18-3-1987, the government had a right to nominate three government nominees under section 80(1) of the said act on the board of directors of the gcmmfl as well as on the board of directors of the concerned district co-operative milk producers' union limited, which were receiving financial assistance through the gcmmfl ..... to be continuing as a surety, then the action of the state government based on the provisions of section 80(1) of the said act, of appointing three representatives on each of the committees of these two societies would stand justified and if it is held that the state government is no more a guarantor for repayment of loan as envisaged under section 80(1) of the act, then its action of appointing nominees on the management committees of these societies under that provision would be bad.3. ..... about where it can be said that the new board of directors has not functioned within six months and thereupon a custodian may come to be appointed under section 74d of the said act on the ground that the new committee of management though elected was not functioning for a period of six months.12. .....