Judgment Search Results Home > Cases Phrase: indian contract act 1872 chapter 3 of contingent contracts Page 1 of about 3,655 results (0.258 seconds)

Om Builders (P) Ltd. Vs. Anil Chinubhai Kilachand and Others

Court : Mumbai

..... happen at some time in the future. 24. contingent contracts are set out and defined in section 31 of the indian contract act, 1872 thus: chapter iii of contingent contracts 31. contingent contract ? defined. a contingent contract ? is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen. illustration a contracts to pay to b rs.10,000 if b ..... 's house is burnt. this is a contingent contract. the illustration is truly educative .....

M/S J.P. Builders and anr. Vs. A. Ramadas Rao and anr.

Court : Supreme Court of India

..... willingness all along and the same was rightly accepted by the trial court and confirmed by the high court.ii) the contract in question is not a contingent contract in terms of sections 31 and 32 of the indian contract act, 1872.iii) in view of the fact that the plaintiff has prayed for larger relief and the trial court has confined to ..... of the above position, in view of the assertion made by learned senior counsel, we intend to discuss and give our answer.21) chapter iii of the indian contract act, 1872 deals with contingent contracts. contingent contract has been defined in section 31 and method of enforcement is stated in section 32 which reads as under:"31. "contingent ..... ex. a-3, the conditions incorporated in ex. a-2 need not be complied with and it cannot be contended that the contract was a contingent contract and unless and until a letter of confirmation issued by the indian bank, the same is not enforceable. as rightly pointed out by mr r. f nariman, the vendors have agreed to sell .....

Western Coalfields Limited and anr. Vs. Rajesh S/O Nandlal Biyani and ...

Court : Mumbai Nagpur

..... whom the guarantee is given is called the 'creditor'. 20) section 31 of the indian contract act, 1872, defines the contingent contract and the same is reproduced below chapter iii : of contingent contracts "section 31. "contingent contract" defined.- a "contingent contract" is a contract to do or not to do something, if some event, collateral to such ..... by the apex court, section 126 of the indian contract act, 1872, regarding contract of guarantee needs to be seen. the said provision of section 126 is, therefore, reproduced below-- section 126. 'contract of guarantee', 'surety', 'principal debtor' and 'creditor'- "a 'contract of guarantee' is a contract to perform the promise, or discharge the liability, ..... the bank guarantees. the contention cannot be accepted. the respondent no.1 is the principal debtor within the meaning of section 126 of the contract act. it is at his instance that the conditional bank guarantees have been furnished by the respondent no.2 bank in favour of the appellant .....

M/S. Ancl and Co. (India) Pvt. Ltd. Vs. Corporation Bank and Others

Court : Mumbai

..... paragraphs 20, 21, 22, 23, 24, 31 and 33 which reads thus:- 20. section 31 of the indian contract act, 1872, defines the contingent contract and the same is reproduced below chapter iii : of contingent contracts section 31. 'contingent contract' defined a 'contingent contract' is a contract to do or not to do something, if some event, collateral to such ..... therein, as per section 32 of the contract act. 23. the question is whether, in fact there is such compliance of the ..... is a failure/negligence in performing the terms and conditions of contract, the amount which becomes due and payable by the respondent no. 1 cannot be assessed and claimed. hence, it is a 'contingent contract' as defined under section 31 of the contract act and it becomes enforceable only upon happening of the event specified .....

Energy Watchdog Vs. Central Electricity Regulatory Commission and Ors. ...

Court : Supreme Court of India

..... the argument of force majeure and change in law could be gone into by it. it ultimately concluded, having regard to the law on frustration contained in the indian contract act, 1872 and the relevant provisions of the ppas, that force majeure was made out on the facts of these cases and reversed the commission on this score. it also ..... and change in law cannot be gone into. it is further argued, in the alternative, that in any case, force majeure either under section 56 of the indian contract act, 1872 or under clauses 12.3 and 7 of the respective ppas make it clear that it must be an unforeseen event or circumstance that wholly or partly prevents the affected ..... force majeure and change of law.32. force majeure is governed by the indian contract act, 1872. in so far as it is relatable to an express or implied clause in a contract, such as the ppas before us, it is governed by chapter iii dealing with the contingent contracts, and more particularly, section 32 thereof. in so far as a force .....

Dayal Singh Vs. Collector of Stamps

Court : Delhi

Reported in : AIR1972Delhi131

..... rs.10,000 less the amount of stamp-duty already paid for the mortgage.' we may also consider the definition of 'consideration' in section 2(d) of the indian contract act, 1872 which is as follows:--'(d) when, at the desire of the promisor, the promise or any other person has done or abstained from doing, or does or ..... 'consideration' is used in section 2(d) of the contract act, it is clear that the consideration for the sale deed ..... to do or to abstain from doing something, such act or abstinence or promise is called a consideration for the promise.'for, according to section 4 of the transfer of property act, 1882, the chapters and sections of the said act which relate to contracts shall be taken as part of the indian contract act, 1872.3. in the sense in which the word .....

Asvath Narayan Astaputre Vs. Chimabai Gopalrao Sadekar

Court : Mumbai

Reported in : AIR1926Bom107; (1925)27BOMLR1246

..... sum within a certain time. if he made that payment, the sale would be void under section 35 of the indian contract act. if he did not make that payment, the sale was one which became enforceable by law under the same section. therefore i ..... the proper construction to put on it is that it evidences a contingent sale of the kind contemplated in chapter iii of the indian contract act. it is an actual sale, subject to the condition that it is not enforceable if the executant huvana advekar pays a certain ..... pointed out that the stamp paid on the document is one that was correct for a sale deed under the indian stamp act then in force, viz., act x of 1862, whereas a mortgage deed or an agreement to sell only required a stamp of annas eight. ..... madras high court there is no right of redemption under section 60, which can be relied upon as superseding the express terms of the contract (see hakeem patte muhammad v. shaik davood i. l. r. (1915) mad. 1010 but i do not consider it necessary to .....

Bansal Buildcon (P.) Ltd. Vs. Satya NaraIn Gupta and anr.

Court : Allahabad

Reported in : 2006(4)AWC3829

..... 1976, w.e.f. 1.1.1977.section 4 of the transfer of property act reads as under:section 4, enactments relating to contracts to be taken as part of contract act. the chapters and sections of this act which relate to contracts shall be taken as part of the indian contract act, 1872 (ix of 1872).(and section 54, paragraphs 2 and 3, 59, 107 and 123 shall be read ..... as supplemental to the indian registration act, 1908 (xvi of 1908).10. thus, from a combined reading .....

Surendra Kumar Vs. Amarjeet Singh and ors.

Court : Allahabad

Reported in : AIR2004All335; 2004(4)AWC3134

..... w.e.f. 1-1-77.22. section 4 of the transfer of property act reads as under :'section 4, enactments relating to contracts to be taken as part of contract act --the chapters and sections of this act which relate to contracts shall be taken as part of the indian contract act, 1872 (ix of 1872).(and section 54, paragraphs 2 and 3, 59, 107 and 123 shall be read ..... as supplemental to the indian registration act, 1908 (xvi of 1908).'23. thus, from a combined reading .....

Raghunath and ors. Vs. Kedar Nath

Court : Supreme Court of India

Reported in : AIR1969SC1316; (1969)1SCC497; [1969]3SCR497

..... and ors. v. mohan lal and ors. i.l.r. all 986section 4 of the transfer of property act states :the chapters and sections of this act which relate to contracts shall be taken as part of the indian registration act, 1872.and sections 54, paragraphs 2 and 3, 59, 107 and 123 shall be read as supplemental to the ..... indian registration act, 1908.section 54 of the transfer of property act reads :sale' is a transfer of ownership in exchange ..... in a district in which, and if they have been executed on or after the date on which, act no. xvi of 1864 or the indian registration act, 1866 or the indian registration act, 1871, or the indian registration act, 1877, or this act came or comes into force, namely :(a) instrument of gift of immoveable property;(b)other non-testamentary instruments .....