Court : Delhi
Reported in : 2006(3)ARBLR610(Delhi); 2006(91)DRJ370
..... to the extent legislature has enacted, law of contract would be governed by the indian contract act 1872, and wherever not the courts would be free to cull out common law principles and apply the same. ..... the legislature has clearly spoken that wherever the legislature thought it expedient to define and amend certain parts of the law relating to contracts, the indian contract act 1872 has been enacted. ..... since i am dealing with a contract, i would be failing in not noting that the preamble to the indian contract act 1872 records:- whereas it is expedient to define and amend certain parts of law relating to contracts.44. ..... of course the said principles should not be in conflict with the statutory provisions of the indian contract act 1872.45. ..... budhiraja it was held:the arbitrator derives the authority from the contract and if he acts in manifest disregard of contract, the award given by him would be an arbitrary one....it is true that interpretation of a particular condition in the agreement would be within the jurisdiction of the arbitrator however, in cases where there is no question of interpretation of any term of the contract, but of solely reading the same as it is and still the arbitrator ignores it and awards the amount despite the prohibition in the agreement .....
Tag this Judgment!Court : Kerala
Reported in : AIR1980Ker151
..... repelling the contention that the clause was rendered void by section 28 of the indian contract act, 1872, the full bench said:'as the clause does not limit the time within which the insured could enforce his rights and only limits the time during which the contract will remain alive it is not hit by the provisions of section 28 of the contract act. ..... section 28 of the indian contract act, 1872 reads:'28. ..... , (air 1932 bom 330) the high court of bombay considered a contention whether a condition in a bill of lading that the claim if not brought within one year of delivery will be barred, will be hit by section 28 of the indian contract act, 1872. ..... al is to be filed within 6 months from the date of expiry of the guarantee is hit by section 28 of the indian contract act, 1872.3. ..... as therefore the plaintiffs have no rights to enforce, there is in my view no question of the remedy being barred, and section 28, contract act does not assist the plaintiffs. ..... .such a clause did not defeat anyprovision of law, it was not opposed topublic policy and it neither contravened section 28, contract act, nor article 86, limitation act. ..... so, the time limit imposed in clause 6 cannot be hit by section 28 of the contract act. ..... every agreement, by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to that extent .....
Tag this Judgment!Court : Kerala
Reported in : AIR1971Ker239
..... it therefore follows that the agreement executed by defendant is one which comes under section 65 of the indian contract act, 1872 and if the agreement was 'discovered' to be void later by parties coming to know that it was impossible of performance, then defendant may be liable to disgorge the advantage obtained by him under ext. a-1.9 ..... that would be sufficient to attract section 65 of the indian contract act, 1872 and if it is so attracted, then this is a case where plaintiffs will be entitled to call upon the defendant to pay back the amount received by him under ext ..... an agreement to do an act impossible in itself is void.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 ..... section 65 of the contract act deals with the obligation of a person who has received advantage under a void agreement or a contract that becomes void. ..... section 56 of the contract act also conceives of situations where the agreement was capable of performance on the date of the agreement but becomes impossible by supervening ..... was a contract which, by its very nature, was incapable of being performed and if so section 56 of the indian contract act. ..... do not see any justification for reading such an exception to section 65 of the indian contract act. ..... sui juris, is entitled to enter into a contract, but the contract is one to do an act which is impossible and it is for that reason the contract becomes void. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1980Raj155; 1980()WLN200
..... 2) and express ourselves as to whether this agreement in restraint of trade is reasonable or not, we will like to deal with the law codified in section 27 of the indian contract act, 1872 (hereinafter referred to as the contract act) and sections 36, 54 and 55 of the indian partnership act, 1932 (hereinafter referred to as the partnership act).section 27 -- agreement in restraint of trade void. ..... (3) any partner may, upon the saleof the goodwill of a firm make anagreement with the buyer that suchpartner will not carry on businesswithin specified local limits, and, notwithstanding anything contained insection 27 of the indian contract act,1872, such agreement shall be valid ifthe restrictions imposed are reasonable. 9. ..... an agreement with his partners that on ceasing to be a partner he will not carry on any business similar to that of the firm within a specified period or within specified local limits; and notwithstanding anything contained in section 27 of the indian contract act, 1872, such agreement shall be valid if the restrictions imposed are reasonable. ..... section 54 -- partnership act.partners may, upon or in anticipation of the dissolution of the firm, make an agreement that some or all of them will not carry on a business similar to that of the firm within a specified period or within specified local limits; and notwithstanding anything contained in section 27 of the indian contract act, 1872, such agreement shall be valid if the restrictions imposed are reasonable. .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(2)ALLMR608; 1999(3)BomCR45; 1999(2)MhLj821
..... the term undue influence has been defined under section 16 of theindian contract act, 1872 as under:'undue influence' -(1) a contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair ..... counsel for the plaintiff relied upon certain provisions of the contract act in support of his contention regarding free consent to the contract, agreement and has also relied upon certain letters written by ..... that agreement becomes legally enforceable under the contract act there has to be a consideration. ..... as per the contract act, consideration is an indispensable part of any ..... an agreement depending on certain contingencies i.e acquisition of licence afresh by the defendant and it wasaltogether a different agreement and since the defendant had not taken any steps under the provisions of the specific relief act for recession of contract or recession or cancellation of the document, the defendant was bound under the indemnity bond.7. ..... to the generality of the foregoing principle, a person is deemed to be in a position to dominate the will of another- (a) where he holds a real or apparent authority over the other, or where he stands in a fiduciary relation to the other; or(b) where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2001AP260; 2001(2)ALT388
..... landlord for continuing in possession without any authority of law and similarly in view of the legal position already discussed hereinbefore as regards the principle of 'unjust enrichment' under the provisions of section 70 of the indian contract act, 1872, we come to the irresistible conclusion that the defendant-bank is liable to pay the plaintiff the entire amount of suit-claim. ..... examine in detail the conduct of the parties as could be seen in the documents extracted above with reference to the statutory provisions incorporated in the transfer of property act, 1882 as also indian contract act, 1872. ..... of the indian contract act, 1872 reads: '70. ..... to in what circumstances a person can be said to be a 'tenant holding over' has been explained by the apex court with reference to section 70 of the indian contract act, 1872 in b. k. ..... the respondent's claim against the appellant was, however, justified under section 70 of the indian contract act, and he came to the conclusion that the said claim was not barred by limitation. ..... the result was that the respondent's claim was upheld under section 70 of the contract act and a decree for the amount claimed by it was accordingly passed in its ..... at the trial the respondent had also relied upon section 65 of the indian contract act in support of its claim. ..... he held that having regard to the provisions of section 175(3) of the act there was no valid and binding contract between the respondent and the appellant for the construction of huts and sheds at .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1987All309
..... quantum merit' and the provisions of section 65 of the indian contract act, 1872 which embody the said equitable principle.19. ..... 70 of the indian contract act, 1872 incorporating the said principle, would step in to assist the petitioner to support her claim for the fees for the services rendered by her as assistant district government counsel (criminal ..... to us, it is not, the payment made under any mistake or coercion, the same would have been liable to be recovered under section 72 of the indian contract act, 1872. ..... rationally, it cannot be held that in rendering her services to the government of uttar pradesh as assistant district government counsel (criminal), kanpur dehat, the petitioner was not acting lawfully nor can it be held that the petitioner intended to render her aforesaid services gratuitously nor it is possible to say that the state of uttar pradesh did not ..... of services by the petitioner as assistant district government counsel (criminal), kanpur dehat upon the request of the district magistrate, kanpur dehat, who was unquestionably acting for and on behalf of the government of uttar pradesh, raised a promise by implication to pay to her remuneration payable to the holder of the ..... as a matter of fact when the petitioner accepted the request and acting upon it rendered her services as assistant district government counsel (criminal), kanpur dehat, an implied contract imposing upon the state of uttar pradesh an obligation to pay to her the remuneration for the service .....
Tag this Judgment!Court : Orissa
Reported in : 1994(I)OLR554
..... importance of the question and its implication and effect it will be apt and proper to extract some of the observations made in the afore-mentioned decision :'while the contract act, 1872, does not profess to be a complete code dealing with the law relating to contracts, we emphasize that to the extent the act deals with a particular subject, it is exhaustive upon the same and it is not permissible to import principles of english law de hors the statutory provision, unless the statute ..... all we have to do is to take the words of the contract act and put upon them the meaning which they appear plaintly to bear. ..... '(see paragraph 52)'under section 27 of the contract act, a service covenant extended beyond the termination of the service is void. ..... section 27 of the contract act is general in terms and unless a particular contract can be distinctly brought within exception 1 there is no escape from the prohibition. ..... air 1967 sc 1098 the learned judge recorded the following findings :''neither the test of reasonableness nor the principle that the restraint being partial was reasonable is applicable to a case governed by section 27 of the contract act, unless it falls within exception 1. ..... negative covenants operative during the period of the contract of employment when the employee is bound to serve his employer exclusively are generally not regarded as restraint of trade and therefore do not fall under section 27 of the contract act. ..... section 27 of the contract act reads as follows :'27. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2010(1)SC474; 2010(1)SCALE574; (2010)3SCC1; 2010(2)LC655(SC)
..... respondent, which has already been extracted supra, satisfies the requirements of section 4 of the indian contract act 1872. ..... [email protected]; [email protected]; sr subramanyam; shanika; [email protected]; [email protected]; venkateshwar raosubject: trimex-imported_5 shipments 1.docimportance : highattachments: trimex-imported_5 shipments 1.doc dear swayam, please find the draft contract with clarification on various points as discussed in meetings and on phone today.please confirm the same in order.best regardsswami.ac)annexure p-12from: rajesh mohata [mail to: [email protected]] sent: monday, november 12, ..... but before we talk to them we need val's confirmation that any claims from owners for the delay or cancellation of any or all shipment(s) under this contract will be fully guaranteed to us and that val will pay the amount without demur.matter urgent as we have to act fast before owners nominate any vessel.as far as rta is concerned we shall take-up and hope they will agree to a revised schedule as they are ..... from this, the mandate of section 7 of the indian contract act stipulated that an acceptance must be absolute and unconditional has ..... to settle all disputes and differences relating to and/or arising out of the contract amicably.in the event of the parties failing to resolve any dispute amicably the same shall be referred to arbitration in accordance with the arbitration and conciliation act 1996, as is prevalent in india. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(4)AWC4091(SC); JT2009(12)SC250; 2010(2)MhLJ145(SC); 2009(II)OLR(SC)845; 2009(12)SCALE343; (2009)9SCC403:2009AIRSCW5751:2009(5)LHSC3221
..... faced with the question as to whether an agreement arrived at between two parties that one of two courts having jurisdiction, would decide all disputes relating to such agreement, was hit by the provisions of section 28 of the indian contract act, 1872, this court held that where two courts or more have jurisdiction to try a suit or proceeding under the provisions of the code of civil procedure, an agreement between the parties that one of such courts would have ..... agreement the rightful jurisdiction of a court was sought to be ousted and a court was vested with the jurisdiction to entertain a suit, which it did not have, the same would be contrary to the provisions of section 28 of the indian contract act, 1872, being contrary to public policy.16. ..... procedure to try a suit or proceeding, an agreement between the parties that the disputes between them shall be tried in one of such courts is not contrary to public policy nor does it contravene the provisions of section 28 of the indian contract act, 1872. ..... oritur action, this court held that by an agreement which absolutely ousted the jurisdiction of a court having jurisdiction to decide the matter, would be unlawful and void, being contrary to public policy under section 28 of the indian contract act. ..... also urged that if the purport of the agreement was to completely oust the jurisdiction of the court, such a condition would be unlawful and void being against public policy and would, therefore, be hit by section 28 of the contract act. .....
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