Judgment Search Results Home > Cases Phrase: contract act 1872 Court: gujarat Page 5 of about 5,214 results (0.048 seconds)

Adani Exports Ltd. Vs. Hindustan Organic Chemicals Ltd. and anr.

Court : Gujarat

Reported in : (2000)3GLR2759

..... making an offer, it cannot be said to be offer with free consent, because while making an offer persuant to invitation to make offer by tender was caused by fraud as defined in section 17 of the indian contract act, 1872 and therefore, in view of section 19 of the indian contract act, 1872, when consent to an alleged agreement is caused by fraud, that contract is voidable at the option of party whose consent was so caused'.12. ..... looking to section 10 of the indian contract act, 1872, all agreements are contracts, if they are also made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, so ingredient of 'free consent' ..... the indian contract act, 1872, ' ..... section 17 defines 'fraud', and as per said definition, 'fraud' means and includes any of the five acts committed by a party to a contract with intent to deceive any other party thereto, with suggestion, as a fact, of that which is not tree, by one who does not believe it to be true, and the active concealment of a ..... considered; and a document which, taken alone, appears to be an absolute acceptance of a previous offer does not make the contract binding if, in fact, it does not extend to all the terms under negotiation, including matters appearing from oral communication. ..... its case that by its letter dated 25th may, 2000, the offer of plaintiff was accepted, as a result of which contract was completed and plaintiff was legally duty-bound to act upon further as per that contract. .....

Jayminbhai Navinbhai Doshi and Others Vs. State of Gujarat and Others

Court : Gujarat

..... --[1] nothing in this act shall affect section 25 of the indian contract act, 1872 [9 of 1872]. ..... below has been referred before this bench by the learned single judge in all the special civil applications: in absence of specific exclusion of applicability of limitation act, 1963 [act, 1963] in bombay stamp act, application under section 53 of the act 1958 [act, 1958] whether delay in filing appeal/application under section 53 of the act, 1958 beyond the prescribed time limit of within 90 days from the date of passing the order by the collector/competent authority could be condoned by the ..... 10.1 it was contended on behalf of the petitioner before the high court that his clients had been pursuing wrong remedy of a civil suit which failed for want of jurisdiction and that according to section 14 of the limitation act, the period spent between filing of the suit and the date of the order in the suit could not have been counted for the purpose of calculating the period of ninety days for preferring an appeal as ..... controlling revenue authority for delayed application against orders passed by the collector under chapter iii (except sub-section (3) of section 32a), chapter iv and chapter v and under clause (a) of the first proviso to section 27 of the act under section 53 whereas it intended to give power of such condonation to a limited extent of 30 days only to the chief controlling revenue authority as provided in section 54(1a) for reference to the high court. 6. .....

Narendrasingh Motilal Johary Vs. Karamchand Premchand (P.) Ltd.

Court : Gujarat

Reported in : (1969)10GLR584

..... awardable in the matter section 74 of the indian contract act, 1872 (act ix of 1872) deals with the measure of damages in two classes of cases: (i) where the contract names a sum to be paid in case of breach; and (ii) where the contract contains any other stipulation by way of penalty. ..... in consequence of the breach no legal injury at all has resulted, because compensation for breach of contract can be awarded to make good loss or damage which naturally arose in the usual course of things, or which the parties knew when they made the contract, to be likely to result from the breach.thus, section 74 of the contract act declares the law where the compensation is by agreement of the parties pre-determined or where there ..... the report that: the learned judge has further observed:if the sum mentioned in the contract as damages payable by the defendant to the plaintiff is a pre-estimate by the parties, section 74 of the contract act would apply and would entitle the plaintiff to reasonable damages not exceeding the amount so named in case there was a breach of the contract by the defendant.if, however, this amount has been mentioned in terrorem, it would be ..... of money to be paid as liquidated damages, they must be deemed to exclude the right to claim an unascertained sum of money as damages, x x x x x again the right to claim liquidated damages is enforceable under section 74 of the contract act and where such a right is found to exist no question of ascertaining damages really arises. .....

Malpati Sevasangh Vs. Gujarat State Khadi and Village Industries Board

Court : Gujarat

Reported in : 2004(2)ARBLR521(Gujarat); (2004)2GLR1728; [2004]53SCL288(Guj)

..... which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful ..... of order 23 rule 3, which clearly provide that such compromise should be signed by the parties, even otherwise, as per the proviso to section 47 of the arbitration act, such award, which is otherwise obtained may with the consent of all the parties interested be taken into consideration as a compromise or adjustment of a suit by any ..... which it was decided as follows :'we are accordingly of opinion that under the proviso to section 47, an arbitration award obtained otherwise that in proceedings taken in accordance with the act cannot without more be recognised as a compromise or adjustment of the suit; that no decree can be passed thereon under the provisions of order 23 rule 3; and that ..... the defendants that the suit between the parties is settled by virtue of the award of the arbitrators and if that be so, naturally, the proviso to section 47 of the arbitration act, 1940 will come into picture and, therefore, it is not necessary to examine about the second part of order 23 about the satisfaction of the claim of the plaintiff. ..... --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 .....

Topandas Kundanmal Vs. Commissioner of Income-tax, Gujarat

Court : Gujarat

Reported in : [1978]114ITR237(Guj)

..... thus (page 779) : 'a promise to pay the amount which may be found due by an arbitrator on taking accounts between the parties is not a promise to pay a 'debt' within the meaning of section 25 of the indian contract act, 1872, the amount not being a liquidated sum.' 12. ..... can it be said that the final determination by the highest court of the compensation would entitle the income-tax officer, notwithstanding the period of limitation fixed under the income-tax act, to reopen the assessment in which he had included the initial compensation awarded by the collector and recompute the entire income on the basis of the final compensation we do not think there can be any justification ..... it further held that the right of a person whose property is acquired accrues to him only from the date when the statutorily designated authorities under the land acquisition act determined the same and till that happens, what the person concerned has is only a right to claim the amount and not the right to receive the amount that may be determined by the ..... this contention, observed as under see : [1966]59itr767(sc) : 'it is true that the word 'debt' may, in certain connections, be used so as to cover a mere liability, but i think that in this act it is used in the proper sense of an ascertained sum and that the contention of the attorney-general is well founded.' 8. ..... the normal requirement under the contract law and its applicability to cases of award made under the act cannot be reasonably excluded.' .....

Union of India Vs. Tolaram Hariram and anr.

Court : Gujarat

Reported in : 1981ACJ207; AIR1980Guj172; (1979)2GLR371

..... - 152 and 161 of the indian contract act, 1872 (9 of 1872). ..... laxman, air 1962 guj 266, this court after considering the provisions contained in section 72 of the act, as tt stood prior to the amendment of the act' by act 39 of 1961, and sections 148 and il61 of the indian contl7act act, held that if the conditions of section 161 of the contract act are satisfied, the railway is responsible to the bailor i.e. ..... directly, reliance was placed upon a passage from a book of 'pollock and wright on possession (1888)', page 169, which reads as under:'if the bailee of a thing sub-bails it by authority and there is no direct privity of contract between the third person and the owner it would seem that both the owner and the first bailee have concurrently the rights of a bailor against the third person according to the nature of the ..... 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 ..... his submission, this question will have to be decided by reference to the general principles of law and the provisions of the indian contract act. ..... with a view to determine the question as to whether a person is competent to file a suit for damages against the railway administration, we will have to turn to the general law of contract and not the provisions contained in section 76 of the act. .....

Baria Guman Hamji and anr. Vs. Rajnikant J. Shah

Court : Gujarat

Reported in : I(1993)ACC226

..... , in view of the specific provision of section 2(l)(e) of the act, provision of section 18 of the indian partnership act, 1932, and the provisions of section 43 of the indian contract act, 1872, together with the underlying purport and purpose of the provisions of order 1, rule 9 of the code, this court has not any hesitation, whatsoever, in holding that an application for compensation by a workman, under section 3 of the act, is maintainable against one of the partners or managing person, of ..... of the indian partnership act, 1932, a 'partner' is an 'agent' of the firm for the purpose of business of the firm, and even on the analogy of the provisions of section 43 of the indian contract act, 1872, a partner is liable and, therefore, application for compensation under section 3 of the act was maintainable. ..... a labourer with opponent along with other labourers in execution of the contract work of the opponent which was going on near village kuni, in ..... see that the amount of compensation is not frittered away and also to sec that the object and the purpose for which the amount of compensation is awarded under the act is sub served, the following directions for disbursing and depositing the amount are given:(i). ..... shah : (1993)iiillj611guj .this court has observed in the aforesaid decisions that section 22(3) of the act provides that if the applicant is illiterate or for any other reason is unable to furnish the required information in writing, the application shall, if the applicant so .....

Mansukhbhai Manjibhai Patel Andd anr. Vs. Saurashtra Cooperative Bank ...

Court : Gujarat

..... therefore, according to the learned advocate, the liability of the guarantor had ceased to operate taking into consideration the provisions of sections 138 to 142 of the indian contract act, 1872. ..... it appears that some time in 2003 lavad case no.2336 of 2003 came to be instituted under section 48(4) of the gujarat co-operative societies act, 1961 (the act) by the respondent-bank and the borrower, guarantor and the purchaser were respectively imp leaded as respondent nos. ..... in other words, it is submitted that considering the amount which the respondent-bank is seeking to recover, namely, rs.31 lacs and odd, only the provisions of rdb act can be made applicable and the provisions of the act cannot be invoked by the respondent-bank. ..... the second ground on which the jurisdiction of board of nominees has been challenged is applicability of provisions of the recovery of debts due to banks and financial institutions act, 1993 (rdb act). .....

Commissioner of Income-tax Vs. Vania Silk Mills (P.) Ltd.

Court : Gujarat

Reported in : [1977]107ITR300(Guj)

..... . section 148 of the indian contract act, 1872, in so far as it isrelevant, provides that 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 otherwise disposed of according to the directions of ..... . this aspect was emphasised before us on behalf of the assessee also and itwas urged : (i) that under sections 151 and 152 of the contract act, the bailee, that is, the hirer in the prerent case, had to take such care of the goods hired as a man of ordinary prudence would and if any loss, destruction or deterioration of the thing bailed ..... it could not be said to have arisen from the extinguishment of the assessee's rights in the asset but on account of the satisfaction or working out of some distinct right, namely, the owner's right under law or contract to be compensated for the loss or destruction of goods bailed, there being no evidence in this case to establish that there was any such independent transaction and, in fact, with the material on record pointing in the ..... place, the alleged right, if any, of the assessee to recover damages, as found earlier, was not an absolute statutory right but one which was subject to a contract to the contrary and, even if there was no such contract, it was merely an inchoate or contingent right in respect of which some investigation or legal proceeding and settlement or adjudication would be necessary for its satis-faction or .....

Zoroastrian Co-operative Housing Society Ltd. and anr. Vs. District Re ...

Court : Gujarat

Reported in : AIR2000Guj9; (2000)1GLR842

..... be admitted as 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 any 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 tohave been registered under bombay public ..... acquire any interest in the property, but this contention was repelled that the land represented the member's contribution in the society towards the land purchase account because there is a clear dichotomy made by the act between the right or interest of a member in the property and the right or interest in the capital of the society and it was held that the land is liable to be attached in execution ..... no person has got a fundamental right to become a member of the society as it is only a statutory right given by the relevant act and the provisions contained in the act and the appellant-society would be well within its rights todeny membership to a person, who is not qualified as per the bye-laws. ..... in paragraph 10 as under :-- '.....the protection of article31-a(1)(c) cannot be said to be not available to section 13(8) of the act as the interest of a cooperative society may not necessarily be in the public interest or for the proper management of the society .....