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Indian Contract Act - Judgment Search Results

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Aug 04 2011

Bakshi Dev Raj and anr Vs. Sudheer Kumar

Court: Supreme Court of India

Decided on: Aug-04-2011

for the appellants before the High Court was not lawful and in violation of Section 23 of the Indian Contract Act, 1872 and that the second appeal was disposed of without hearing on substantial questions of law framed by … recorded, thinks fit to grant such adjournment. Explanation--An agreement or compromise which is void or voidable under the Indian Contract Act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule. 9)


Aug 17 2011

State of Haryana and ors. Vs. Ms Malik Traders

Court: Supreme Court of India

Decided on: Aug-17-2011

with the view taken by the High court. It is true that as per Section 5 of the Indian Contract Act, 1872 (hereinafter referred to as the Act ), a proposal may be revoked at any time before the … was being fettered. There is no term in the contract which is contrary to the provisions of the Indian Contract Act. The Indian Contract Act merely provides that a person can withdraw his offer before its acceptance. But withdrawal


Mar 01 1976

Union of India (Uoi) Vs. the Steel Stock Holders Syndicate Poona

Court: Supreme Court of India

Decided on: Mar-01-1976

Reported in: AIR1976SC879; (1976)3SCC108; [1976]3SCR504

of animals and goods was clearly that of a bailee under Sections 151, 152 and 161 of the Indian Contract Act. In other words, the railway administration was impressed with the duty to carry the goods with the same … other provisions of this Act, be that of a bailee under Sections 151, 152 and 161 of the Indian Contract Act, 1872 (9 of 1872).It may be pertinent to note that Sub-section (3) of Section 72 of the old


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Jan 31 1961

Mahabir Prashad Rungta Vs. Durga Datt

Court: Supreme Court of India

Decided on: Jan-31-1961

Reported in: AIR1961SC990; [1961]3SCR639

the work altogether and rescinding the contract. 11. The case is thus covered by s. 55 of the Indian Contract Act - Section 55, and Durga Datt was entitled to rescind the contract, when the very important condition of … the substantial failure of the appeals, the appellant shall pay the costs in this Court. One hearing fee. Indian Contract Act. 1872, s.55 Contract for Commercial transaction and Breach-Time if of the essence of the contract-Aggrieved party if the


Sep 23 1958

Sales Tax Officer, Banaras and ors. Vs. Kanhaiya Lal Mukundlal Saraf Overruled

Court: Supreme Court of India

Decided on: Sep-23-1958

Reported in: AIR1959SC135; [1959]1SCR1350; [1958]9STC747(SC)

under Article 226 of the Constitution. The High Court came to the conclusion that Section 72 of the Indian Contract Act applied to the present case and the State Government must refund the moneys unlawfully received by it from … appellant No. 3.The question that arises for our determination in this appeal is whether Section 72 of the Indian Contract Act applies to the facts of the present case.The learned Additional Solicitor-General appearing for the appellants tried to urge


Oct 09 2015

Playwell Impex (P) Ltd. Vs. United India Insurance Co. Ltd.

Court: Delhi

Decided on: Oct-09-2015

respondent Insurance Company, no definite finding in that regard can be given. Else, under Section 20 of the Indian Contract Act, 1872, a contract which suffers from a mistake of matter of fact, which is essential to the contract … been made only in the context of maintainability, would influence the decision of the said proceedings. No costs. Indian Contract Act, 1872 €“ Repudiation of claim €“ Respondent Insurance Company repudiated claim of Petitioner for loss of its goods


Nov 21 2012

M/S. Abg Ports Limited Vs. M/S.Psa International Pte Limited and Other ...

Court: Mumbai

Decided on: Nov-21-2012

to the extent of their share in the consortium. It is further submitted that section 43 of the Indian Contract Act provides as under:- “43. Any one of joint promisors may be compelled to perform.--When two or more persons … the appellant to the respondent no.1. Thus, the reliance placed by the appellant on section 124 of the Indian Contract Act, 1872 is entirely misplaced as the said section does not apply. It is, therefore, contended that the order


Jul 18 2012

Pradeep Shankar Walvekar and Others Vs. Anil Narsinha Annachhatre and ...

Court: Mumbai

Decided on: Jul-18-2012

Act of 1963 provides that, all words and expressions used therein but not defined, and defined in the Indian Contract Act, 1872 (9 of 1872), have the meaning respectively assigned to them in that Act. We may note here … that appellants will not create any third party rights or part with the possession of the suit property. Indian Contract Act, 1872 - Specific Relief Act, 1963 - Section 2, Section 10,Section 14, Section 15, Section 20 - Maharashtra


Feb 06 2013

Godawari Marathwada Irrigation Development Corporation, Through Its Ex ...

Court: Mumbai Aurangabad

Decided on: Feb-06-2013

definition of promise to pay a debt barred by limitation law is mentioned in Section 25 of the Indian Contract Act, 1872, it reads as under:- “25. Agreement without consideration, void, uncles it is in writing and registered, or … Arbitration Appeal, Civil Application Nos. 4732 of 2011, 69 of 2012 and 6506 of 2012 stand disposed of. Indian Contract Act, 1872 – Section 25 – Limitation Act, 1963 – Article 137 – Arbitration and Conciliation Act, 1996 –


Dec 04 2012

Shrawan Kumar @ Pappu Vs. Nirmala

Court: Allahabad

Decided on: Dec-04-2012

be against public policy and as such is implidely barred by Section 9 C.P.C. Section 26 of the Indian Contract Act, 1872 provides that an agreement to restrain a marriage of any person is void. A thing in respect … the court of Additional Civil Judge, (Junior Division), Kanpur is quashed. The writ petition is disposed of accordingly. Indian Contract Act, 1872 - Section 26 - Comparative Citation: 2013 AIR(NOC) 348


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