Court : Mumbai
Reported in : AIR1992Bom309; 1991(4)BomCR631; (1991)93BOMLR183
..... the plaintiff is entitled to rely on sections 14 and 15 of indian contract act, 1872 as well as the general principles of law of economic duress now being recognised in ..... section 15 of the indian contract act, 1872 defines 'coercion' as under:-- ' 'coercion' is the committing, or threatening to commit, any act forbidden by the indian penal code, or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any ..... section 17 of the indian contract act, 1872 is of considerable ..... indian contract act, 1872 ..... relevant for interpretation and elucidation of law of coercion contained in section 15 of indian contract act, 1872. ..... commentary of pollock and mulla on indian contract and specific relief act, 10th edition, at page 148. ..... limited purpose of -considering as to whether a recognised exception to the general rule of refusing to grant injunction is made out or not, the questions as to what was the original contract, why the contract was re-negotiated, what was the circumstance in which the plaintiff was compelled to furnish a bank guarantee and what was the mutual understanding between the parties throughout will have to be taken ..... relevant portion of paragraph 490 of chitty on contracts reads as under:-- 'but other cases can be put in which a threat not to act, or not to contract, may be lawful in itself, and yet may be strongly coercive, for example where the threatened is in a monopoly position,' in the american case .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1972Bom132; (1971)73BOMLR840; ILR1972Bom511; 1972MhLJ110
..... therefore, before and after the hindu marriage act, 1955, came into force, definitely show that the indian contract act, 1872, does not apply to the marriage under the hindu marriage act, 1955, and that the word 'fraud' used in section 12(1)(c) of the hindu marriage act does not mean any fraudulent representation or ..... now, fraud is defined in section 17 of the indian contract act, 1872, which runs thus :- ' 'fraud' means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract : (1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true; (2) the active concealment of a fact by one having knowledge or belief of the fact : (3) ..... i am, therefore, of the opinion that section 17 of the indian contract act, 1872, does not apply to a case of fraud under section 12(1)(c) of the hindu marriage act, 1955.12.the question still remains what then is the meaning of the ..... opinion, on general considerations of public policy, misrepresentation as to caste should not be held fatal to a marriage under the hindu law, much more so when the marriage is under the hindu marriage act, 1955, which applies to any person who is a hindu as defined under section 2 of that act.15.i am, therefore, of the opinion that the indian contract act, 1872, does not apply to a marriage under the hindu marriage act, 1955. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR63; IV(2008)BC73; 2008(5)BomCR909; 2008(2)CTLJ180(Bom)
..... the bank was relieved and discharged of its obligation on and from 30th april 1997, was untenable in view of the amended section 28 of the indian contract act, 1872, which came into force on 8th january 1997, on which date, admittedly, the bank guarantee was valid. ..... the 'statement of objects and reasons' for which the 'amending act' came to be introduced read thus:statement of objects and reasons the law commission of india has recommended in its 97th report that section 28 of the indian contract act, 1872 may be amended so that the anomalous situation created by the existing section may ..... bank, the plaintiffs were ill-advised to rely on section 28 of the indian contract act, 1872 which amendment had no impact on the contractual obligation qua the defendant no ..... 2 that in the light of the amendment to section 28 of the indian contract act, 1872, which came into force with effect from 8th january 1997, the bank was not absolved of its obligation to make payment under the bank guarantees but was bound and liable to ..... it is felt that section 28 of the indian contract act, 1872 should be amended as it harms the interests of the consumer dealing with big corporations and causes serious hardship to those who are ..... of the indian contract act, 1872 postulates that the liability of the surety is co-extensive with the principal debtor unless it is otherwise provided by the contract. ..... however, is refuted by the plaintiffs relying on the amended section 28 of the indian contract act, 1872. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC)
..... calcutta high court is modified by substituting for the declaration given by it a declaration that clause (1) of rule 9 of the 'service, discipline & appeal rules - 1979' of the central inland water transport corporation limited is void under section 23 of the indian contract act, 1872, as being opposed to public policy and is also ultra vires article 14 of the constitution to the extent that it confers upon the corporation the right to terminate the employment of a permanent employee by giving him three months' notice ..... 2) whether an unconscionable term in a contract of employment is void under section 23 of the indian contract act, 1872, as being opposed to public policy and, when such a term is contained in a contract of employment entered into with a government company, is also void as infringing article 14 of the constitution in case a government company is 'the state' under article 12 of the constitution? 2. ..... while the law of contracts in england is mostly judge-made, the law of contracts in india is enacted in a statute, namely, the indian contract act, 1872. ..... submitted on behalf of the appellants that there was nothing unconscionable about rule 9(i), that rule 9(i) was not a nudum pactum for it was supported by mutuality inasmuch as it conferred an equal right upon both parties to terminate the contract of employment, that the grounds which render an agreement void and unenforceable are set out in the indian contract act, 1872 (act no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3426; 2006(2)ARBLR34(SC); 2006(2)AWC1869(SC); 2006(5)BomCR322; (2006)5CompLJ224(SC); 2006(1)CTLJ100(SC); (2006)4MLJ1695; 2006(3)SCALE324; (2006)4SCC227
..... the legal position clearly crystallised in our country is that while construing the provisions of section 27 of the contract act, neither the test of reasonableness nor the principle of restraint being partial is applicable, unless it falls within express exception engrafted in section 27.section 27 of the indian contract act, 1872 provides as follows:-27. ..... 1 - zaheer khan is void under section 27 of the indian contract act, 1872 has been in restraint of trade. ..... appeal challenges the interlocutory order of the high court in which the division bench has itself made it clear that it is recording only a prima facie finding that clause 31(b) of the agreement is void under section 27 of the indian contract act, 1872. ..... desai then argued the scope and effect of section 27 of the indian contract act, 1872. ..... the appeal filed by the respondent was allowed and the learned division bench found clause 31(b) to be void under section 27 of the indian contract act, 1872. mr. ..... desai, learned senior counsel, appearing for the appellant submitted that the high court has failed to appreciate the true legal meaning and effect of section 27 of the indian contract act, 1872. ..... 1 submitted that the impugned judgment of the division bench that clause 31(b) is void under the indian contract act is only a prima facie finding at an interim stage. ..... , a restrictive covenant will apply during the period of the contract but will be hit by section 27 of the indian contract act and be void, after the contract is ended. .....
Tag this Judgment!Court : Delhi
Reported in : 2008(3)ARBLR57(Delhi); 2008(105)DRJ194
..... award that the contention was that the respondent could not recover liquidated damages inasmuch as time was not of the essence of the contract and that no notice was issued under section 55 of the indian contract act, 1872 and that the respondent had failed to prove that it had suffered any loss on account of delay in supplying the material. ..... the supreme court, in my view, merely reiterated the principles governing sections 73 and 74 of the indian contract act, 1872 which had already been settled in fateh chand (supra) and maula bux (supra). ..... ground raised by the petitioner on the basis of provisions of section 55 of the indian contract act, 1872, had been adequately dealt with by the learned arbitrator in the said award. ..... that time was not the essence of the contract and, thereforee, the clause of liquidated damages cannot be invoked in view of section 55(2) of the indian contract act, 1872, unless and until the exact extent of the ..... while considering the provisions of section 74 of the indian contract act, 1872, the supreme court, in fateh chand (supra) observed that although proof of 'actual loss or damage' was dispensed with, there must, however, be legal ..... of section 74 of the indian contract act, 1872 is on reasonable compensation. ..... distinction between cases which pertain to a stipulation providing payment for liquidated damages and a stipulation which was in the nature of penalty, were sought to be eliminated by the introduction of section 74 of the indian contract act, 1872. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR2245; 2009(2)KarLJ291; 200(3)KCCR1692; 2008(5)AIRKarR120; AIR2008NOC2774
..... section 2 of the indian contract act, 1872, states that in what sense the aforesaid expressions are used in the act. ..... execution and registration of the sale deed, the owner wants to get back the property, it has to be done by canceling the sale deed on any of the grounds which are available to him under the provisions of the indian contract act. ..... if the deed is vitiated by fraud or other grounds mentioned in the contract act, there is no possibility of parties agreeing by mutual consent to cancel the deed. ..... therefore, even if the sale deed executed by the society is held to be contrary to bye-law 36 it does not fall within the mischief of section 23 of the contract act as contended and is not void.12. ..... (2) if the instrument has been registered under the indian registration act, 1908 (16 of 1908), the court shall also send a copy of its decree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his ..... chapter ii of the act deals with contracts, voidable contracts and void agreements. ..... section 23 of the act declares what considerations and objects are lawful, and what not and about the contract being void, reads as under:23. ..... section 19 of the act provides that, when consent to an agreement is caused by coercion, fraud, misrepresentation or undue influence, the agreement is a contract voidable at the option of the party whose consent was so caused. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2004]55SCL92(Punj& Har)
..... the second part of section 171 of the indian contract act, 1872, states that other than bankers, factors, wharfingers, attorneys of a high court and policy brokers, none else have a right to retain, as a ..... of the indian contract act, 1872, is in ..... applicant-bank has relied upon the terms of the agreement as well as section 171 of the indian contract act, 1872. ..... amount due under term loan or cash credit account, in view of the terms of the agreement as well as in terms of the general lien of the bank as provided under section 171 of the indian contract act, 1872.16. ..... of the indian contract act reads as ..... to consider the general lien of the bank contemplated under section 171 of the contract act, 1872. ..... and covenants with the borrower shall be so doing as a trustee for the bank and for which purpose the bank may without prejudice to the duties of the borrower hereunder do all such acts and things sign such documents and pay and incur such costs, charges and expenses as may be necessary and said goods, book-debts and assets arc and shall be hereby pledged to the ..... to conclude, it is held that :--(i) by virtue of the provisions of section 11 of the contract act, the applicant bank had lien over the amount lying deposited under the orders of this court in respect of its dues irrespective of the fact that the sale proceeds represents the sale ..... sc 2947, has interpreted the provisions of section 171 of the contract act wherein it has been held that section 171 of the contract act is in two parts. .....
Tag this Judgment!Court : Chennai
..... poriaswami nadar), wherein the honourable apex court has dealt with section 56 of the indian contract act, 1872 and ultimately observed that doctrine of frustration of contract is really an aspect or part of the law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done and hence comes within the purview of section 56 of the indian contract act. ..... further the honourable apex court has held that provision of section 56 of the indian contract act, 1872 cannot apply to a case of self-induced frustration. ..... it is a pristine principle of law that section 56 of the indian contract act, 1872 deals with frustration. ..... this juncture, it would be more useful to look into section 56 of the indian contract act, 1872 and the same reads as follows: agreement to do impossible act. ..... the said circumstances the plaintiff himself has created self-induced frustration and the same cannot be construed as a frustration under section 56 of the indian contract act, 1872. 32. ..... , in many places it has been clearly pointed out that no recitals are found place either in ex.a1 or in ex.b4 with regard to alleged discharge of mortgage debt by the defendant and in view of the provisions of sections 91 and 92 of the indian evidence act, 1872 it is needless to say that the plaintiff is totally precluded from putting forth the averments and also adducing evidence with regard to alleged mortgage debt received by the plaintiff and also with regard to alleged undertaking .....
Tag this Judgment!Court : Delhi
Reported in : 2002IIAD(Delhi)149; AIR2002Delhi255; 2002(1)ARBLR610(Delhi); 96(2002)DLT515
..... it was held :-'that it is well settled that the tow principles relating to compensation for loss or damage caused by breach of contract as laid down in section 73 of the indian contract act, 1872, read with the explanationn thereof, are (i) that, as ar(sic) as possible, he who has proved a breach of a bargain to supply what he contracted to get is to be placed, as far as money can do it, in as good a situation as if the contract had been performed, but (ii) that there is a duty on him of taking all reasonable steps to mitigate the loss consequent on ..... the contract was thereforee not of the special type to which the words 'which the parties knew, wen they made the contract, to be likely to result from the breach of it' appearing in section 73 of the indian contract act, 1872, would apply, but an ordinary contract, for which the measure of damages would be such as 'naturally arose in the usual course of things from such breach' within the meaning of that section ..... the arbitrator has adopted the principle by referring to section 73 of the indian contract act, 1872 which is as follows:- '73. ..... thus the learned arbitrator fell in grave error in applying the principle of true market value at the time when the contract would have been performed as he applied the principle enunciated in section 73 of the contract act on the presumption that no goods were supplied at all whereas in the instant case the allegation is that the goods supplied were defective and did not conform to the .....
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