Judgment Search Results Home > Cases Phrase: indian contract act 1872 preamble the indian contract act 1872 Court: supreme court of india Page 2 of about 2,825 results (0.350 seconds)

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the learned counsel for the appellant candidly admitted that the amendment had been made but had thereafter been repealed and the matter would, thus, have to be examined under section 28 of the contract act, as originally placed.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 .....

Thyssen Stahlunion Gmbh Vs. Steel Authority of India Ltd.

Court : Supreme Court of India

Reported in : AIR1999SC3923; [2000]99CompCas383(SC); JT1999(8)SC66; 1999(6)SCALE441; (1999)9SCC334; [1999]Supp3SCR461

..... high court was wrong that the arbitration clause was hit by section 28 of the contract act and that the agreement for the application of the new act has to be entered into only after the coming into force of the new act.21. ..... 61 of 1999 under the contract which was for the construction of certain works of the himachal pradesh state electricity board, there was an arbitration agreement contained in clause 25 which, in relevant part, is as under:subject to the provisions of the contract to the contrary as aforesaid, the provisions of the indian arbitration act, 1940 or any statutory modification or re-enactment thereof and the rules made thereunder and for the time being in force shall apply to all arbitration proceedings under this clause.10. ..... section 288 of the contract act does not bar the agreement between the parties if they wish that arbitration proceedings be governed by any enactment relating to arbitration that may be in force at the relevant time.3. ..... . exception 1 to section 28 of the contract act does not render illegal a contract by which the parties agree that any future dispute shall be referred to arbitration ..... . any agreement if entered into before this date would be void and would be hit by section 28 of the contract act and as rightly held so by the high court ..... . section 28 of the contract act contains provision regarding agreements in the restraint of legal proceedings .....

Karnataka Power Transmission Corporation Limited Vs. Jsw Energy Limite ...

Court : Supreme Court of India

..... the law relating to contract56 section 2 of the indian contract act, 1872 provides for the interpretation clause. ..... it is true that there is no express provision in the proviso to section 27(2) of the act within the meaning of second part of section 10 of the indian contract act, that the contract, which is concluded, must be in writing. ..... in other words, if the proposals containing the essential terms have been accepted, and the acceptance is communicated and, if the other conditions in section 2 of the indian contract act are complied with, viz. ..... the formal order was passed by the gok, permitting the appellant to purchase power at the rate of rs.2.60, with an annual increase of five percent every year, as indicated in the preamble to the order. ..... jindal tranctebel power company limited at the rate of 2.60 per unit with an annual increase of 5 every year as indicated in the preamble to this order. ..... it reads as under: preamble: ln government order no.de18eeb99dated:12. .....

Shreedhar Govind Kamerkar Vs. Yesahwant Govind Kamerkar and anr.

Court : Supreme Court of India

Reported in : 2007(3)BomCR1010; 2006(14)SCALE174; 2007(1)LC0054(SC)

..... assignment of tenancy having regard to the statutory provision would not attract section 23 of the indian contract act. ..... to contract between the partners -after a change in the firm(a) - where a change occurs in the constitution of a firm, the mutual rights and duties of the partners in the reconstituted firm remain the same as they were immediately before the change, as far as may be;after the expiry of the term of the firm, and(b) - where a firm constituted for a fixed term continues to carry on business after the expiry of that term, the mutual rights and duties of the partners remain the same as they were before the expiry, so far as they may be consistent with the ..... may, in the absence of a contract between the partners to the contrary, restrain any other partner or his representative from carrying on a similar business in the firm name or from using any of the property of the firm for his own benefit, until the affairs of the firm have been completely wound up:provided that where any partner or his representative has bought the goodwill of the firm, nothing in this section shall affect his right to use the firm name.the parties have entered into the deed of dissolution ..... from the preamble of the deed of dissolution dated 31.03.1977, it is evident that the partnership had been carrying on business inter alia in bidis, tobacco, cigarettes etc. .....

Shri Lachoo Mal Vs. Shri Radhey Shyam

Court : Supreme Court of India

Reported in : AIR1971SC2213; (1971)1SCC619; [1971]3SCR693; 1971(III)LC343(SC)

..... the essential question that has to be resolved is whether section 1-a was merely in the nature of an exemption in favour of the landlords, with regard to the buildings constructed after january 1, 1951 and conferred a benefit on them which they could give up or waive by agreement or contractual arrangement and whether the consideration or object of such an agreement would not be lawful within the meaning of section 23 of the indian contract act.6. ..... section 23 of the indian contract act provides:the consideration or object of an agreement is lawful, unless-it is forbidden by law; oris of such a nature that, if permitted, it would defeat the provisions of any law; or is fraudulent; orinvolves or implies injury to the person or property of another; orthe court regards it as immoral, or opposed to public policy.in each of these cases, the consideration or object of an agreement is said to be unlawful. ..... according to the preamble on the cessation of the applicability of sub-rule 2 of rule 81 of the defence of india rules after september 30, 1946 it was considered expedient owing to the shortage of accommodation in the state of uttar pradesh to provide for the continuance during a limited period of powers to control the letting and the rent of accommodation and to prevent the eviction of tenants there from. .....

ZiyauddIn BurhanuddIn Bukhari Vs. Brijmohan Ramdass Mehra and ors.

Court : Supreme Court of India

Reported in : AIR1975SC1788; (1976)2SCC17; [1975]SuppSCR281

..... section 123(2) gives the 'undue influence' which could be exercised by a candidate or his agent during an election a much wider connotation than this expression has under the indian contract act. ..... will be objects of divine displeasure or spiritual censure if they voted for shaukat currimbhoy chagla (hereinafter referred to as 'chagla'), a congress party candidate, who was impleaded as the 2nd respondent that, in the above mentioned speeches, the appellant had called upon the electors to vote for him and not for chagla on the ground that he alone stood for all that was muslim whereas chagla represented all that was against muslim religion and belief so that ..... ground 'h' thus consists of a long statement of the appellant's grievances about multifarious matters covering the whole course of trial of the case; such as a permission given by the court to recall a police sub-inspector for further examination, permission accorded by the court to the respondent's counsel for getting transcripts of the appellant's tape recorded speeches made under the supervision of a court officer, permission granted to the solicitors of chagla to obtain copies of documents filed, the observations recorded by the learned judge about the demeanour of witnesses and other similar ..... our constitution-makers certainly intended to set up a secular democratic republic the binding spirit of which is summed up by the objectives set forth in the preamble to the constitution. .....

Charu Kishor Mehta Vs. Jt.Charity Commr. Gr. Bombay Reg. and Ors.

Court : Supreme Court of India

..... as a rule, trustees must execute the duties of their office jointly, this general principle is subject to the following exceptions when one trustee may act for all (1) where the trust deed allows the trusts to be executed by one or more or by a majority of trustees; (2) where there is express sanction or approval of the act by the co-trustees; (3) where the delegation of power is necessary; (4) where the beneficiaries competent to contract consent to the delegation; (5) where the delegation to a co-trustee is in the regular course of the business; (6) where the co- trustee merely gives effect to a decision taken by the trustees jointly. ..... persons whomsoever any power implied by law or conferred by statute or vested in the trustees by these presents but the trustees shall not be held liable or responsible for the acts or defaults of any persons or person but only for their own respective acts and defaults;" the findings of the jcc are based on the pleadings and the material evidence produced on record by the parties and the resolution dated 30.8.2001, wherein the trustees, respondent nos.2 to 9 including the appellant of the trust had delegated their powers and functions ..... the indian trusts act as clear by its preamble and contents is applicable only to private trusts and not to public trusts. .....

m/s.l.r.brothers,indo Flora Ltd. Through Its Director Vs. Comissioner ...

Court : Supreme Court of India

..... in indusind bank (supra), this court, while examining whether the amendment made to section 28 of the indian contract act, 1872 was prospective or retrospective, has noted that the said provision is remedial in nature and not clarificatory, since prior to the amendment, the rights and liabilities accrued were sought to be taken away. ..... or the development commissioner concerned as the case may be, from the whole of the duty of customs leviable thereon under the first schedule to the customs tariff act, 1975 (51 of 1975) and the additional duty, if any, leviable thereon under section 3 of the second mentioned act, subject to the following conditions, namely : development) industrial of (1) the importer has been granted the necessary licence for the import of the said goods; (2) the importer, at the time of import of the said goods, produces to the assistant commissioner of customs a certificate from the development commissioner to the effect that the importer ..... usually, if not invariably, such an act contains a preamble, and also the word declared as well as the word enacted . .....

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 .....