Judgment Search Results Home > Cases Phrase: indian contract act 1872 preamble the indian contract act 1872 Court: supreme court of india Page 1 of about 2,825 results (0.403 seconds)

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 .....

Supriyo @ Supriya Chakraborty Vs. Union Of India

Court : Supreme Court of India

..... v brojo nath ganguly, the supreme court was concerned with the interpretation of public policy under section 23 of the indian contract act, 1872.19 in this context, this court observed: it is thus clear that the principles governing public policy must be and are capable, on proper occasion, of expansion or modification. ..... further, they are as important to self-development as the intellectual (and 194 the preamble of the united nations convention on the rights of the child recognizes the importance of the family in the following terms: convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community 160 part d eventually, financial) nourishment we receive through education. ..... the preamble to the dv act provides that the statute was enacted to protect the rights of women who are victims of violence of any kind occurring within a family. ..... this court held in the affirmative and traced the right to article 21 and the preamble of the constitution. ..... above all, in deciding any case which may not be covered by authority our courts have before them the beacon light of the preamble to the constitution. ..... the promise of the preamble to the constitution is of 'fraternity assuring power, conflicts, and oppression, denial of participation. .....

State of Madhya Pradesh Vs. Kaluram

Court : Supreme Court of India

Reported in : AIR1967SC1105; 1967(0)BLJR313; 1967MhLJ497(SC); [1967]1SCR266

..... 140 of the indian contract act, 1872, where a guaranteed debt has become due, or default of the principal debtor to perform a guaranteed duty has taken place, the surety, upon payment or performance of all that he is liable for, is invested with all the rights which the creditor had against the principal debtor; and by s. ..... and executed the following bond : 'whereas the governor in order to secure the due performance of conditions of the above contract demanded security from the forest contractor, i (1) nathuram son of kashiram resident of chaterkheda (2) kaluram son of jhandusingh resident of pipaliya-kalan, by occupation agriculturists, surety on behalf of the forest contractor, undertake to discharge the liability of the forest contractor in case of any act, omission, negligence or default on the part of the forest contractor for any sum which may become payable by the forest contractor to the governor by or under the conditions of the above contract. ..... 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. 14. ..... 83 of the forest act and under the terms of the contract to prevent removal and right to sell goods for non-payment of the price, coupled with the charge on the goods constituted the security of the state, and that security was lost because the forest officers permitted removal of the goods by the contractor. 15. .....

M.G. Brothers Lorry Service Vs. Prasad Textiles

Court : Supreme Court of India

Reported in : AIR1984SC15; 1983(1)SCALE481; (1983)3SCC61; [1983]2SCR1027

..... . the trial court and the first appellate court had held that condition 15 of the way bill was not violative of section 28 of the indian contract act, that view of the lower courts has not been challenged before the high court in the second appeal ..... . in that view of the matters, we are of the opinion that condition 15 must be held to be void in view of section 23 of the indian contract act because its object was to defeat the provisions of section 10 of the carriers act ..... . section 23 of the indian contract act provides that the consideration or object of agreement was lawful, unless, inter-alia, it was of such a nature, that, if permitted, would defeatthe provisions of any law ..... . the carriers act, 1865, as the preamble states, was enacted because it was thought expedient not only to enable common carriers to limit their liability for loss of or damage to property delivered to them to be carried but also to declare their liability for loss of or damage to such property occasioned by the negligence or criminal acts of themselves, their servants or agents ..... . but the preamble as we have noted before indicates that the act was passed, not only to limit the liability of the carriers, but also to declare the liability of the carriers .....

H.P. State Forest Company Ltd. Vs. United India Insurance Co. Ltd.

Court : Supreme Court of India

Reported in : 2009ACJ684; AIR2009SC1407; 2009(1)AWC818(SC); 2009(1)SCALE216; (2009)2SCC252; 2009AIRSCW865; 2009(1)LHSC466; 2009ACJ684

..... sharma, the learned counsel for the appellant has submitted that section 44 of the limitation act provided a period of limitation of 3 years from the date of disclaimer and as such the period of 12 months fixed by clause 6(ii) could not be sustained by virtue of the provisions of section 28 of the contract act, 1872. ..... : [1976]2scr62 and followed subsequently in several judgments (and even in those referred to above), it had been held that a clause in an insurance policy fixing a period of limitation extinguishing the right to file a suit or complaint within a certain stipulated period which could be less than that prescribed by the limitation act, was not violative of section 28 of the contract act and as such the findings of the commission were perfectly in accordance with the law for this additional reason as well.4. ..... during the resumed hearing, the learned counsel for the appellant candidly admitted that the amendment had been made but had thereafter been repealed and the matter would, thus, have to be examined under section 28 of the contract act, as originally placed. ..... the counsel for the appellant had, however, argued before the commission as before us, that as section 28 of the contract act had undergone significant amendments, the aforesaid judgment required a re- appraisal. ..... while construing this provision vis-`a-vis section 28 of the contract act and the cases cited above and several other cases, in addition, this is what the court ultimately concluded:16. .....

Rangnath Haridas Vs. Dr. Shrikant B. Hegde

Court : Supreme Court of India

Reported in : 2006(4)AWC4092(SC); (SCSuppl)2007(1)CHN1; 103(2007)CLT3(SC); 2006(2)CTLJ175(SC); [2007(1)JCR185(SC)]; JT2006(7)SC546; 2006(6)MhLj708; (2006)4MLJ1721(SC); 2007MPLJ33(SC); 20

..... heard the learned counsel for the parties, we are of the opinion that as the high court as also this court are acting on the basis of the terms of the consent decree, the reciprocal obligations of the parties should be directed to be acted upon simultaneously ..... the plaintiff agrees and undertakes to abide by the terms and conditions that may be mentioned in the proposed agreement that may be executed in his favour by the defendant and join the co-operative body of the flat purchasers in the suit building in whose favour the defendant will execute the conveyance to be executed in respect of the said land in the said proposed ..... built up area) in favour of the plaintiff as required by the maharashtra ownership flat act, 1964 within eight weeks from the execution of these terms and the plaintiff agrees and undertakes to pay stamp duty and registration charges as applicable on the agreement registered before the sub- registrar of assurances at the earliest as required by the said act.11. ..... built up area) in favour of the plaintiff as required by maharashtra ownership flat act, 1964 within eight weeks from the execution of these terms and the plaintiff agrees and undertakes to pay stamp duty and registration charges as applicable on the agreement registered before the sub-registrar of assurances at the earliest as required by the said act.8. ..... 3) the respondent shall execute a contract in the same format which the other allottees of the building had undertaken in regard to maintenance .....

National Textile Corporation (Gujarat) Ltd. Vs. State Bank of India an ...

Court : Supreme Court of India

Reported in : AIR2006SC2927; [2006]134CompCas164(SC); (2006)6CompLJ448(SC); JT2006(7)SC285; 2006(7)SCALE627

..... what was stayed was the proceedings pending before any court, tribunal, officer or authority, but the same had nothing to do with the adjustment of accounts in terms of the provisions of the indian contract act, 1872. ..... moreover, the statement in the preamble on which reliance has been placed by the learned counsel for the appellant, regarding giving protection to the interests of the workmen employed therein, also indicates that what was intended was to reorganise and rehabilitate the textile undertakings whose management was being taken over with a view to prevent the closure of such undertakings and consequent unemployment of workmen and thereby protect the interests of the workmen who were employed in the textile undertaking at the time of the taking over of the management of the said ..... it is one of the cardinal principles of the statutory construction that where the language of an act is clear, the preamble cannot be invoked to curtail or restrict the scope of the enactment and only where the object or meaning of an enactment is not clear the preamble may be resorted to explain it. ..... the said statement in the preamble does not refer to persons who had ceased to be in employment of the textile undertaking on the date of such taking over of the management. .....

The Secretary To Govt. Of Kerala . Vs. James Varghese .

Court : Supreme Court of India

..... section 3 cancellation of arbitration clauses and revocation of authority of arbitrator (1) notwithstanding anything contained in the indian contract act, 1872 (central act 9 of 1872) or in the arbitration act, 1940 (central act 10 of 1940) or in the arbitration and conciliation act, 1996 (central act 26 of 1996) or in any other law for the time being in force or in any judgement, decree or order of any court or other authority or in any agreement or other instrument, (i) the arbitration clauses in every agreement shall stand cancelled; (ii) the authority of an arbitrator appointed under an agreement referred to in clause (i) shall stand revoked; ..... it infracts the quality doctrine and the avowed constitutional principles insulating the judicial function which is cardinal to deliverance of justice as part of the seminal constitutional values, including separation of powers; and (vi) that there was nothing on record to show that any relevant material had gained the attention of the legislature except the superfluous statements in the preamble to the state act with regard ..... will be relevant to note that the preamble to the environment (protection) act, 1986 (hereinafter referred to as the 1986 act ) would itself reveal that it refers to the decision taken at united nations conference on the human environment held at stockholm in june 1972, in which india participated and wherein, a decision was taken to take appropriate steps for the protection and improvement of human environment. .....

Raipur Development Authority Etc. Etc. Vs. M/S. Chokhamal Contractors ...

Court : Supreme Court of India

Reported in : [1989]3SCR144

..... section 28 of the indian contract act, 1872 provides that every agreement by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to that extent. ..... these provisions were in operation when the indian contract act, 1872, which permitted settlement of disputes by arbitration under section 28 thereof as stated at the commencement of this judgment came into force. ..... setting aside an award which appeared for the first time in the second schedule to the civil procedure code, 1908 was not to be found either in the indian arbitration act, 1899 or in the english arbitration act, 1889 which contained inter alia two grounds for setting aside an award, namely:(i) that an arbitrator or an umpire had misconducted himself; and(ii) the award had been improperly procured.in connection with the english arbitration act, 1889 and the indian arbitration act, 1899 certain principles had become well-settled ..... the act as its preamble indicates is a consolidating and amending act and is an exhaustive code in so far as the law relating to arbitration is concerned. .....

Raipur Development Authority and ors. Vs. Chokhamal Contractors and or ...

Court : Supreme Court of India

Reported in : AIR1990SC1426; 1989(1)ArbLR430; JT1989(2)SC285; 1989(1)SCALE1279; 1989(2)SCC721; 1989(3)SCR144

..... section 28 of the indian contract act, 1872 provides that every agreement by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to that extent. ..... these provisions were in operation when the indian contract act, 1872, which permitted settlement of disputes by arbitration under section 28 thereof as stated at the commencement of this judgment came into force. ..... setting aside an award which appeared for the first time in the second schedule to the civil procedure code, 1908 was not to be found either in the indian arbitration act, 1899 or in the english arbitration act, 1889 which contained inter alia two grounds for setting aside an award, namely(i) that an arbitrator or an umpire had misconducted himself; and(ii) the award had been improperly procuredin connection with the english arbitration act, 1889 and the indian arbitration act, 1899 certain principles had become well settled ..... the act as its preamble indicates is a consolidating and amending act and is an exhaustive code insofar as the law relating to arbitration is concerned. .....