Judgment Search Results Home > Cases Phrase: indian contract act 1872 preamble the indian contract act 1872 Page 1 of about 26,400 results (0.999 seconds)

Reddi Demudu Vs. Kannuru Demudamma

Court : Andhra Pradesh

Reported in : 1996(3)ALT384

..... the reason appears to be that mere is a similar preamble in the indian contract act 1872as in the case of transfer of property act conspicuously omitting the expression 'consolidation' which has been conspicuously omitted in the preamble of the indian contract act 1872. ..... the postulation is fortified by the object and the preamble of the transfer of property act which reads thus -'whereas it is expedient to define and amend certain parts of the law relating to the transfer of property act. ..... neither section 54 of the transfer of property act nor the concluding part of it dealing with the contract for sale nor sections 17 and 49 of the registration act has any reservation in regard to the relate back theory of the fructification of the conveyance by way of sale to the date of agreement of sale or contract for sale. ..... that is how there is a specific category of an instrument called 'will' under the indian succession act, as has been defined under section 2(h), which reads thus -'2(h): 'will' means the legal declaration of the intention of the testator with respect to his property which he desires to be carried into effect after his death. .....

Reliance Infocomm Limited Vs. Union of India (Uoi) (Dot)

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

..... sundaram, learned senior advocate for the dot that section 74 of the indian contract act is not exhaustive of all the contractual obligations and as a matter of fact preamble to the indian contract act, 1872 would show that it was enacted "to define and amend certain parts of the law relating to contract". ..... imposition of penalty by the impugned order is also challenged on the grounds of (i) misdirection in law, in view of section 20a of the indian telegraph act, 1885 (ii) and imposition of penalty is bad in view of section 74 of the indian contract act, 1872.section 20a of the telegraph act provides for punishment with fine where licensee under section 4 contravenes any condition of the license granted to him. ..... the high court rejected the plea and held as under: "in our opinion, this argument of the learned counsel for the appellants overlooks the exception to section 74 of the indian contract act, which also we have extracted. ..... it would be against the specific provision of section 73 and 74 of the indian contract act. .....

Oil and Natural Gas Corporation Ltd. Vs. Schlumberger Asia Services Lt ...

Court : Delhi

Reported in : 2006(3)ARBLR610(Delhi); 2006(91)DRJ370

..... 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. ..... 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. ..... 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, the award would be arbitrary, capricious and without jurisdiction.39. .....

Tan Bug Taim Vs. Collector of Bombay

Court : Mumbai

Reported in : AIR1946Bom216; (1945)47BOMLR1010

..... taraporewalla similarly drew my attention to the indian contract act ix of 1872. ..... the preamble to that act ran as under:whereas it is expedient to define and amend certain parts of the law relating to contracts ; it is hereby enacted as follows:the definition of contract was given in section 2 of the act and in chapters i to iv of the act were found all the provisions as regards the contracts which were the subject-matter of that enactment. ..... it was, however, an act to define and amend the law relating to easements and licences, and the preamble of the act ran as under:whereas it is expedient to define and amend the law relating to easements and licences; it is hereby enacted as follows:the definitions of easements and of licences were to be found respectively in section 4 and section 52 of the act. ..... the preamble to the defence of india act says:whereas an emergency has arisen which renders it necessary to provide for special measures to ensure the public safety and interest and the defence of british india and for the trial of certain offences:and whereas the governor general in his discretion has declared by proclamation under sub-section (1) of section 102 of the government of india act, 1935, that a grave emergency exists whereby the security of india is threatened by war;it is hereby enacted as follows:section 2 of the defence of india act provides .....

Passarilal Mannoolal Vs. Mst. Chhuttanbai and ors.

Court : Madhya Pradesh

Reported in : AIR1958MP417

..... it is stated in the 'statement of objects and reasons :'in india the specific rules of english law in respect of champertous agreements have not been adopted and the only provision for holding some of them illegal is section 25 of the indian contract act, 1872 (ix of 1872). ..... whereas it is expedient to provide for the setting aside of champertous agreements and to amend the indian contract act, 1872, for that purpose; it is hereby enacted as follows : 1. ..... after section 19a of the indian contract act, 1872, the following sections shall be deemed to be inserted, namely : '19-b. ..... this law must be taken to be in force in the mahakoshal area of the new state of madhya pradesh.the provisions of sections 19-b and 19-c added in the indian contract act by the c. p. ..... if the preamble and the statement of objects and reasons had been before the learned judge' in that case, i am sure, a different view would have been taken.26. ..... the preamble of this act is significant. ..... it will be clear from the preamble that the aforesaid 1938 act made champertous agreements voidable. ..... the preamble of a statute has been said to be a good means of finding out its meaning and as it were a key to its understanding. ..... and berar gazette, dated nagpur, 22-7-1938 (part iii, page 1268); and it is reproduced below :'preamble. .....

Delhi Transport Corporation Vs. D.T.C. Mazdoor Congress and Others

Court : Supreme Court of India

Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)

..... thus, the rule 9(i) of the services discipline and appeal rules, 1979 was held void under section 23 of the indian contract act, 1872, as being opposed to public policy and is also ultra vires of 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 in writing or by paying him the equivalent of three months' basic pay and dearness allowance ..... submitted that the court would be entitled to obtain guidance from the preamble, the policy and the purpose of the act and the power conferred under it and to see that the power is ..... , i direct that whenever question of exercise of the power of termination of permanent employees by reasonable notice without holding any enquiry arises, the extent of the power should be read in the manner indicated above and we reiterate that such powers can be exercised for the purposes of the act which will be determinable by the preamble and by relevant enacting provisions and the contingencies for the exercise of the power must be specified and powers should be exercised by authority competent and independent enough ..... arises from the terms employed by the legislature, it has always been held a safe means of collecting the intention, to call in aid the ground and cause of making the statute, and to have the recourse to the preamble, which is a key to open the minds of the makers of the statute and the mischiefs which the act intend .....

Yousuf Andcompany, Rep. by Its Partner Vs. the Government Ofandhra Pra ...

Court : Andhra Pradesh

..... of all leases or other arrangements made or entered into through a registered deed or otherwise in respect of all demised plots in the azamabad industrial area notwithstanding anything contained in the indian contract act, 1872, the transfer of property act, 1882 or any other law for the time being in force and the terms and conditions of any lease entered into or other arrangement made with any person in respect of any demised plot either by the erstwhile nizam's government or by the erstwhile government of hyderabad or by the government of andhra pradesh prior ..... moreover the preamble to the act (post amendment) states that it is enacted to give effect to the directive principles of state policy as contained in clauses (b) and (c) of art.39 of the constitution of india ..... it amended the preamble to the 1992 act and also directed substitution of sections 3 and 4 of 1992 act as under : "3 ..... in any event, the petitioner has not challenged the vires of act 15 of 1992 as amended by act 1 of 2000 on the ground of violation of art.14 of constitution of india and even if it did, such a challenge is impermissible in view of art.31-c as preamble to act 15 of 1992 (as amended by act 1 of 2000) states that it is intended to give effect to the directive principles of state policy as contained in clauses (b) and (c) of art.39 of the constitution.93 ..... section 2 of act 1 of 2000 amended the preamble to act 15 of 1992 and substituted for the last paragraph of its preamble the following : "2. ... ... .. .....

Jwaladutt R. Pillani Vs. Bansilal Motilal

Court : Mumbai

Reported in : (1929)31BOMLR687

..... the defence of the appellant is based on the terms of section 264 of the indian contract act of 1872, which is as follows :-persons dealing with a firm will not be affected by a dissolution of which no public notice has been given, unless they thamselves had notice of such dissolution.3 ..... it would be otiose to quote authority for this, and this was undoubtedly the law of india, at least prior to the indian contract act of 1872 : shewram v. ..... also the indian contract act is not a ..... ):-the act of 1872 does not profess to be a complete code dealing which the law relating to contracts. ..... but there is nothing to show that the legislature intended to deal exhaustively with any particular chapter or subdivision of the law relating to contracts.and although the section doss occur in a fasciculus of sections devoted to partnership, it is clear that the fasciculus is not exhaustive of all questions which can be raised in connection with partnership ..... the sole question is whether the appellant is liable on the second promissory note, he has been so found by the judge of first instance and by the court of appeal, there can be no question that the plaintiff being an old customer and no notice having been given to him of the dissolution of the partnership and the retirement of the appellant, the appellant is by english law ..... the preamble so states 'whereas it is expedient to define and amend certain parts of the law relating to contracts'; and lord macnaghten, in the case of irrawaddy flotilla co. v .....

Shripatrao Dajiso Ghatage and Another Vs. Usman Abdul Shaikh and Other ...

Court : Mumbai

Reported in : 1998(1)ALLMR510; 1998(2)BomCR235

..... compromise which is void or voidable under the indian contract act, 1872 shall not be deemed to be lawful within the meaning of this rule.'24. ..... compromise pursis can be challenged by a party on the ground upon which agreement bound be challenged under the provisions of indian contract act. ..... this was the position affirmed by the lower court initially yet in the later part of the judgment, the learned judge appears to have turned round and ultimately observed in the last paragraph 'in the present matter, it has appeared that the conduct of the plaintiffs seems ..... however, in the later part of the judgment the learned judge after stating the legal position in regard to an enquiry about the compromise pursis and citing the decision of the supreme court in that behalf held---'in the present matter, it has appeared that the conduct of the plaintiffs seems ..... anybody can make a lower judicial officer to face unbearable trouble by mere sending a postal card to the superiors with false contents' this was not the occasion where the learned judge should have put forth this type of grievance of representative character and no such postal communication appears to have been ..... 1, shripatrao dajiso ghatage, through his so called power of attorney holder, shri ganpatrao gopalrao jadhav against the respondents, herein, and to this suit later on, -shri basaveshwar vividh karyakari sahakari (vikas) seva society of pimpalgaon came to be ..... quite contrary to what the learned judge has observed in the preamble. .....

Bharat Heavy Electricals Ltd. Vs. Mass Global Investment Company and O ...

Court : Delhi

..... under section 126 of the indian contract act 1872 a contract of guarantee is a distinct separate contract to discharge the liability of a third person in case of his default. ..... 1 nor any conditions laid down in the definition of fraud as postulated in section 17 of the indian contract act are made out. ..... the learned counsel for the defendant no.1 has brought to the notice of the court that such a fraud must be (a) in connection with the bank guarantee, (b) of an egregious nature that shocks the conscience of the court and vitiates the entire guarantee (c) it is proved by clear evidence in the banks knowledge, (d) it is primarily for the bank to plead a case of fraud, a bank guarantee being an independent contract between the banker and the beneficiary, (e) wrongful termination of the contract cannot make the invocation fraudulent, (f) fraud must have nexus prior to entering into the contract and (g) bald averments ..... the mere fact that the bank guarantee refers to the principal agreement without referring to any specific clause in the preamble of the deed of guarantee does not make the guarantee furnished by the bank to be a conditional one. .....