Court : Andhra Pradesh
Reported in : AIR1960AP178
..... dealt with the position of equity and law in dealing with section 55 of the indian contract act as follows: 'the law applicable to the point is contained in section 55 of the indian contract act, 1872, which provides that - 'when a party to a contract promises to do a certain thing at or before a specified time, or certain things at or before specified times, and fails to do any such thing at or before the specified time, the contract, or so much of it as has not been performed becomes voidable at the option of the promisee, if the ..... had happened in this case, still we are firmly of the opinion that the plaintiff could have availed himself of the rights available under section 59 of the indian contract act, as in this case clearly there has been a refusal on the part of the defendant to perform his part of the contract which consisted in the fresh proposal which is implied in the language of his registered notice (exhibit a-26) in which the defendant writes as follows: 'money is ready with my client ..... from the foregoing it follows that having regard to the application of sections 39 and 55 of the indian contract act, we are firmly of the opinion that the refusal of the defendant to perform his part of the contract and the time having been made the essence of the contract also, the plaintiff is entitled to succeed in having the relief sought for in the plaint decreed to him. 13. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(5)ALD285; 2007(6)ALT796
..... hence, in the light of the view expressed by the apex court referred to supra and also section 65 of the indian contract act, 1872, and further in the light of the concurrent findings which had been recorded by both the courts below, this court is thoroughly satisfied that both in law and equity, a just order ..... the counsel also would submit that in the light of section 65 of the indian contract act, 1872, even if the transaction to be treated as void, the opposite party is bound to compensate the same and hence absolutely there is no illegality in the order of refund made in the facts and ..... section 65 of the indian contract act, 1872 deals with obligation of person who has received advantage under void agreement or contract that becomes void, which reads as hereunder: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 ..... according to section 2 of the contract act, an agreement which is enforceable by law is a contract and an agreement which is not enforceable by law ..... therefore, section 65 of the contract act did not apply.strong reliance was placed on the decision of division bench ..... were justified in decreeing the suit for relief of alleged refund of amount, when both the parties to the contract are equally guilty and the doctrine of impais-delicto and relevant principles, section 23 of indian contract act ?7. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1989All64
..... of the contract, and it cannot be denied that it is a contract within the meaning of contract act-1872. ..... to contracts the expression 'reasonable time' has been referredto both in the sale of goods act-1930 and the contract act-1872. ..... same expression can be found in section 46 of the contract act-1872. ..... performance of contracts, the contract act, under section 37, refers to contracts which must ..... in the case of a sale by auction -- (1) where goods are put up for sale in lots, each lot is prima facie deemed to be the subject of a separate contract of sale; (2) the sale is complete when the auctioneer announces its completion by the fall of the hammer or in other customary manner; and, until such announcement is made, any bidder may retract his bid; (3) ..... zila parishad connot ask the highest bidder to take steps in aid for completing the contract and simultaneously without rejecting the bid take the stance that it will hold another ..... the plaintiff-respondent, udai vir singh is entitled to carry out the contract under the auction for the period 1 april, 1988 to 31 march ..... in the facts andcircumstances of the present case theintention to finalise the contract was taken tothe second stage by requiring the highest bidder to make a deposit of rupees two lacs after the auction had ..... the highest bid closing the auction the zila parishad expects the highest bidder to act on his offer with the part performance of the contract by depositing adequate consideration arising out of the contract. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC1841; 2002(3)ALD113(SC); 2002(2)ARBLR676(SC); II(2002)BC430(SC); [2002]110CompCas685(SC); (2002)4CompLJ337(SC); JT2002(4)SC318; (2002)3MLJ144(SC); 2002(3)SCALE574;
..... at this juncture, it would also be convenient to note the true effect of sections 139 and 140 of the indian contract act, 1872 as well, which read as under : '139. ..... 160, that the surety will be entitled to every remedy which the creditor has against the principal debtor, including the enforcement of every security stands statutorily recognised and incorporated in section 141 of the indian contract act as regards the discharge of a surety from liability, when the creditor parts with or loses the security held by him with, however, an insignificant variation to the effect that the surety isentitled to the securities given to the ..... section 141 of the indian contract act, 1872 reads as under:'141. ..... (c) the decree however stood challenged by the respondent herein inter alia on two several counts: the first being the factum of intervention of law to wit the nationalisation act and on the second - the existing provisions of sections 140 and 141 of the contract act: the high court however answered the same in the affirmative and in favour of the defendants in the suit and hence the petition for special leave before this court and the ..... this court in kaluram's case (supra) in its three-judge bench judgment upon approval has been pleased to take note of the situation that subject to certain variations section 141 of the contract act incorporates the rule of english law relating to the discharge from liability of a surety when the creditor parts with or loses the security held by him. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC3367; 2001(3)ARBLR110(SC); 2001(49)BLJR2289; JT2001(6)SC622; 2001(5)SCALE483; (2001)8SCC133
..... in permits and the same is prohibited by rule 199 of tamil nadu motor vehicles rules, and as such the agreement in question for sale of 5 permits at a price to be ascertained was unlawful within the meaning of section 23 of the indian contract act, 1872 and accordingly it would be void in view of the provisions of section 24 of the indian ..... section 58 of the sale of goods act expressly lays down that subject to the provisions of chapter ii of the specific relief act, 1877, in a suit for breach of contract to deliver specific or ascertained goods, the court may, if it thinks fit, on the application of the plaintiff, by ist decree direct that the contract shall be performed specifically, without giving the defendant the option of retaining the goods on payment of damages. ..... as property in the vehicles in question passed on to the 1st defendant on the day when the order for transfer of registration was passed by the regional transport authority in view of the provisions of section 31 of the motor vehicles act, 1939 and section 19 of the sale of goods act, 1930, which lays down that if there is a contract for sale of a specific or ascertained goods the property in them is transferred to the buyer at such times as the parties to contract intend it to be transferred, has no application. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1992Delhi1057
..... that contingency was fulfillled the contract was not capable of specific enforcement as stated in section 31 of the indian contract act, 1872.7. ..... since additional far was not sanctioned in favor of the defendant, it can he said that the nature of the contract was such that in the absence of sanction of additional far the contract could not be specifically enforced and it was in a way determinable on that account. ..... 14 of the specific relief act describes contracts which arc not specifically enforceable. ..... specific performance of part of a contract is otherwise barred under section 12 of the specific relief act unless the part to be performed bears a substantial proportion in value and the unperformed portion admits of compensation ..... if it be proved that the parties entered into a contract as pleaded in the plaint, then, was the said contract contingent it so, what was the contingency, and has the same not been fulfillled ..... the relevant portion of this section says that a contract, which from its nature is such that the court cannot enforce specific performance of its material terms is determinable and not capable of ..... thereforee, it is not possible to infer the terms of contract between the parties either from the pleadings or from the receipt dated 22-4-70, we are left to infer such terms only from the correspondence exchanged between ..... the alleged contract between the parties is not specifically enforceable in view of clauses (b), (c) and (d) of section 14 of the specific relief act ? 6 .....
Tag this Judgment!Court : Delhi
Reported in : AIR1991Delhi298; ILR1991Delhi634
..... 148 of the indian contract act, 1872, a bailment is defined as 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 the person ..... of the contract act, 1872 required that bailment could arise only under a contract between the ..... observed that this contention was not sustainable and that bailment is dealt with by the contract act only in cases where it arose from a contract but it was not correct to say that there could not be a bailment without an enforceable contract. ..... night of 8th and 9th june 1987 for ostensible purpose of drinking water that in the meanwhile the truck was stolen and further that there was no contract between the parties under which the defendants were bound for the safety of the truck. ..... succession and a common seal with power to acquire, hold and dispose of property both movable and immovable and to contract and shall by the said name sue and be sued. ..... 152, the bailee, in the absence of any special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the amount of care of it described ..... immediately at that time a contract of bailment came into being, the defendants as bailee having failed to deliver the vehicle back to the second plaintiff within the contracted period and not having shown to have exercised any prudent care for the safety of the truck, are liable for .....
Tag this Judgment!Court : Delhi
Reported in : ILR1975Delhi420; 1973RLR116
..... have received statutory statement in sections 2 and 7 of the indian contract act, 1872, and are too well known to require restatement. ..... difficulty, it was contended that the variation was not 'substantial' and did not prevent the acceptance being absolute and unqualified a,s required by section 7 of the indian contract act. ..... to the main argument on behalf of the respondent it was emphasised that an arbitration agreement forming one of the terms of a contract must be treated as distinct and separate from the other terms and shiva jute baling limited v. ..... view of the transaction so far, there still remains an obvious discrepancy between the acceptance of tender as the acceptance and the tender as the offer in respect of the 'contract of supply', because the former introduces the arbitration clause which the latter excluded. ..... said that the invitation to tender was an 'invitation' in the legal sense as regard the 'contract of supply', but an 'offer', in the legal sense, as regards the arbitration clause. ..... limited, : [1960]1scr569 it was urged, that on an application under section 20 of the arbitration act the only question the court can decide is whether an arbitration agreement exists or not, and the court is not concerned with and ought not to inquire into the formation of the contract of which it may be a term. ..... , a similar question arose on an application under section 34 of the arbitration act, 1940 and it was held that the arbitration clause was not a part of the contract. .....
Tag this Judgment!Court : Delhi
Reported in : 2003IIAD(Delhi)452; 2003(1)ARBLR695(Delhi); II(2003)BC345; 2004(72)DRJ500
..... on sections 17 & 18 of the indian contract act, 1872 in substantiating his contention that the n.d.m.c. ..... the special circumstances and/or special equities which have been pleaded in this case are that there is a serious dispute on the question as to who has committed breach of the contract, that the contractor has a counter-claim against the appellant, that the disputes between the parties have been referred to the arbitrators and that no amount can be said to be due and payable by the contractor ..... state sugar corporation case (supra), the arguments raised to support the continuance of the injunction were that the beneficiary had terminated the contract on the incorrect ground that time was of the essence of the contract, and that the chances of making any recovery if it succeeded in the arbitration was illusory since the fortunes of the rival company now lay in the hands of ..... mehta has further contended that assuming that a fraud had taken place, the plaintiff ought to have repudiated the contract forthwith, keeping in perspective the fact that the plaintiff had raised the controversy of the number of poles, and the delay for the parties to arrive at ..... clearly, thereforee, the existence of any dispute between the parties to the contract is not a ground for issuing an injunction to restrain the enforcement of ..... it is altogether possible that the petitioner had allowed the contract to run till it was reasonably certain that it would not be as lucratively profitable as the petitioner .....
Tag this Judgment!Court : Delhi
Reported in : ILR1991Delhi606
..... respondent also submitted that restraint put on it from the use of pvp-i in the manufacture of its various preparations as envisaged under the agreement would be hit by section 27 of the indian contract act, 1872, which says every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind is to that extent void. ..... he further observer as under :while the extract ..act.1872, dose not profess to be a complete cede dealing with the law relating to contracts, was 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 the principles of english law dehors the statutory provision, unless the statute is such that it cannot be understood without the aid of ..... i am of the view that for the purpose of deciding the validity of clause 27 of the agreement i have to see if it passes the test under section 27 of the contract act which makes every agreement by which one is restrained from exercising a lawful profession, trade or business of any kind to be void to that extent. ..... under :-- '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. ..... parties was void under section 27 of the contract act, and (2) whether the said. .....
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