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Mulamchand Ratilal Asathi Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : AIR1960MP152

..... union of india, (s) air 1956 cal 138, therefore, we are unable to agree with his dictum that an agreement not in proper form is wholly void under the provisions of section 2(g) of the indian contract act. ..... in the cases before us, there is no doubt that the contracts were ratified by the state government which had, under clause (xi), chap xix of the instructions issued under sub-sections (1) & (3) of section 3 of act i of 1951, authorized the deputy commissioners to dispose of the forest produce (page 273 of the madhya pradesh land reforms manual) and also allowed the present appellant and the petitioners to exploit the forests according to the terms of the sales. ..... if the disposal was by way of a sale, the amount recoverable would be the price of the forest produce within the meaning of section 82 of the indian forest act.if, therefore, the indian forest act applies to the forests which vested in the state under act no. ..... the indian forest act deals specifically with (i) reserved forests, (ii) village forests, viz, reserved forests which have been assigned to any village community, and (iii) protected forests, the preamble and other provisions of the act are wide enough to cover all categories of forests.we are, therefore, of opinion that section 82 of the indian forest act is applicable to the cases before us and consequently the revenue authorities were entitled to realize the amounts due as arrears of land revenue under section 223 (c) of the central provinces land revenue act .....

State of Karnataka and ors. Vs. Kgsd Canteen Employees Welfare Associa ...

Court : Supreme Court of India

Reported in : AIR2006SC845; 2006(1)CTC414; [2006(109)FLR18]; JT2006(1)SC84; 2006(2)KarLJ1; (2006)ILLJ691SC; RLW2006(2)SC1156; 2006(1)SCALE85; (2006)1SCC567; 2006(2)SLJ129(SC)

..... , shows that they fall in three classes: (i) where contract labour is engaged in or in connection with the work of an establishment and employment of contract labour is prohibited either because the industrial adjudicator/court ordered abolition of contract labour or because the appropriate government issued notification under section 10(1) of the clra act, no automatic absorption of the contract labour working in the establishment was ordered; (ii) where the contract was found to be a sham and nominal, rather a camouflage, in which case the contract labour working in the establishment of the principal employer were held, in fact and in reality ..... . the act envisages collective bargaining, contracts between union representing the workmen and the management, a matter which is outside the realm of the common law or the indian law of contract....43 ..... . zakir hussain : (2005)iiillj786sc in the context of the jurisdiction of the industrial court vis--vis the civil court highlighted the object of the industrial disputes act stating:the object of the industrial disputes act, as its preamble indicates, is to make provision for the investigation and settlement of industrial disputes, which means adjudication of such disputes also .....

V.M. Nissar Ahmed and ors., Minors by Guardian and Next Friend V.C. Ab ...

Court : Chennai

Reported in : (1970)1MLJ512

..... they may be distinguished as there was no provision as to notice in the repealed chapter of the contract act relating to partnership law. ..... the plaintiffs gave up the case of dissolution of the partnership by the death of abdul rasheed and on the basis of the second partnership deed, they prayed for taking of accounts of the partnership business, ascertaining the amounts due to each of the plaintiffs, declaring that the second plaintiff is a partner and the third plaintiff is entitled to be admitted to the benefits of the partnership and for directions to implement the rights of the parties in terms of the latter partnership agreement and also for other incidental reliefs.3. ..... learned counsel contended that there are a catena of decisions, english and indian, for the proposition that the filing of suit followed by service of summons in the suit on the other partners would have the effect of the requisite notice for dissolution of a partnership at will the dissolution dating from the service of summons on all the partners. ..... while the fifth defendant, who had got himself duly qualified as set out in the preamble, is to continue the business after the death of nos. .....

indusind Media Andcommunications Ltd Vs. City Cable Andothers

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... 364 it was pointed out that according to section 73 of the indian contract act a party who complained of a breach of contract was entitled to compensation for any loss or damage caused to him which naturally arose in the usual cour.se of things from the breach or which the parties knew when they made the contract to be likely to result from the breach. ..... the definition of an agent or intermediatory in terms of the regulations is different from the definition of an agent within the meaning of the provisions of the indian contract act. ..... as by reason of the agreement, respondent no.1 could not have represented the principal apart from being an agent, what was contended was that the respondent no.1 would not be an agent within the meaning of section 182 of the indian contract act. ..... from clauses m and n of the 1999 agreement it would appear that the distributors were prohibited from holding out to third parties from committing, undertaking or agreeing in respect of any matter on or on behalf of imc and thus they are not agents within the meaning of the provisions of sec 182 of the indian contract act. ..... from a perusal of the preamble of the act it would appear that this tribunal, interalia is to regulate the telecommunications services, adjudicate disputes, dispose of the appeals and protect the interest of service providers and consumers of the telecom sector and to promote and ensure orderly growth of the matters connected therewith or incidental thereto. .....

Date of Decision: 11.2.2014 Vs. Union of India and Others

Court : Punjab and Haryana

..... such contracts will not fall within the four corners of the definition of "undue influence" as defined by section 16(1) of the indian contract act. ..... "and still further; " the indian contract act does not define the expression "public policy" or "opposed to public policy". ..... such a contract or such a clause in a contract ought, therefore, to be adjudged void under section 23 of the indian contract act, as opposed to public policy. ..... be entitled to be paid the full measured value of the works order, less the value of payments made on account and of any charges properly preferred under the conditions of contracts for government stores, etc.supplied on repayment, subject to the certification of the final bill khan md.firoz 2014.02.17 14:43 i attest to the accuracy and integrity by the g.e.of this document punjab and haryana high court chandigarh fao no.4290 of 2013 (o&m) 3 when fractions of a rupee occur in the totals of bills, fractions less than half a rupee shall be disregarded ..... above all, in deciding any case which may not be covered by authority indian courts have before them the beaco.light of the preamble to the constitution. .....

North Delhi Municipal Corporation & Anr. Vs.gagan Chadha

Court : Delhi

..... even if such a clause has been signed and accepted by the contractor, it does not make the clause valid inasmuch as it would render a fundamental condition of contract being hit by provisions of the indian contract act, 1872 (hereinafter, contract act ). ..... 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. ..... section 46 of the indian contract act, 1872 stipulates that where no time limit is specified, the engagement must be performed within a reasonable time ..... is, however, rarely that contracts of the types to which the principle formulated by us above applies are induced by undue influence as defined by section 16(1) of the indian contract act, even though at times they are between parties one of whom holds a real or apparent authority over the other. ..... the only rfa562017 page 31 of 47 relevant provision in the indian contract act which can apply is section 23 when it states that "the consideration or object of an agreement is lawful, unless . . ..... order that such a contract should be void, it must fall under one of the relevant sections of the indian contract act. ..... it was induced by undue reasonable apprehension that the state through rfa562017 page 30 of 47 influence, then under section 19a of the indian contract act, it would be voidable. ..... 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. .....

North Delhi Municipal Corporation & Anr. Vs.amit Chadha

Court : Delhi

..... even if such a clause has been signed and accepted by the contractor, it does not make the clause valid inasmuch as it would render a fundamental condition of contract being hit by provisions of the indian contract act, 1872 (hereinafter, contract act ). ..... 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. ..... section 46 of the indian contract act, 1872 stipulates that where no time limit is specified, the engagement must be performed within a reasonable time ..... is, however, rarely that contracts of the types to which the principle formulated by us above applies are induced by undue influence as defined by section 16(1) of the indian contract act, even though at times they are between parties one of whom holds a real or apparent authority over the other. ..... the only rfa582017 page 33 of 49 relevant provision in the indian contract act which can apply is section 23 when it states that "the consideration or object of an agreement is lawful, unless . . ..... order that such a contract should be void, it must fall under one of the relevant sections of the indian contract act. ..... it was induced by undue reasonable apprehension that the state through rfa582017 page 32 of 49 influence, then under section 19a of the indian contract act, it would be voidable. ..... 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. .....

North Delhi Municipal Corporation vs.vipin Gupta

Court : Delhi

..... if such a clause has been signed and accepted by the contractor, it does not make the clause valid inasmuch as it rfa1602017 page 27 of 50 would render a fundamental condition of contract being hit by provisions of the indian contract act, 1872 (hereinafter, contract act ). ..... 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. ..... section 46 of the indian contract act, 1872 stipulates that where no time limit is specified, the engagement must be performed within a reasonable ..... is, however, rarely that contracts of the types to which the principle formulated by us above applies are induced by undue influence as defined by section 16(1) of the indian contract act, even though at times they are between parties one of whom holds a real or apparent authority over the other. ..... the only relevant provision in the indian contract act which can apply is section 23 when it states that "the consideration or object of an agreement is lawful, unless . ..... order that such a contract should be void, it must fall under one of the relevant sections of the indian contract act. ..... the indian contract act does not define the expression "public policy" or "opposed to public ..... it was induced by undue influence, then under section 19a of the indian contract act, it would be voidable. ..... 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. .....

North Delhi Municipal Corporation & Anr. Vs.bharat Arora

Court : Delhi

..... even if such a clause has been signed and accepted by the contractor, it does not make the clause valid inasmuch as it would render a fundamental condition of contract being hit by provisions of the indian contract act, 1872 (hereinafter, contract act ). ..... 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. ..... section 46 of the indian contract act, 1872 stipulates that where no time limit is specified, the engagement must be performed within a reasonable ..... is, however, rarely that contracts of the types to which the principle formulated by us above applies are induced by undue influence as defined by section 16(1) of the indian contract act, even though at times they are between parties one of whom holds a real or apparent authority over the other. ..... the only rfa1672017 page 30 of 46 relevant provision in the indian contract act which can apply is section 23 when it states that "the consideration or object of an agreement is lawful, unless . . ..... order that such a contract should be void, it must fall under one of the relevant sections of the indian contract act. ..... it was induced by undue reasonable apprehension that the state through rfa1672017 page 29 of 46 influence, then under section 19a of the indian contract act, it would be voidable. ..... 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. .....

North Delhi Municipal Corporation and Anr. Vs.munish Anand

Court : Delhi

..... if such a clause has been signed and rfa4432017 page 27 of 61 accepted by the contractor, it does not make the clause valid inasmuch as it would render a fundamental condition of contract being hit by provisions of the indian contract act, 1872 (hereinafter, contract act ). ..... 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. ..... section 46 of the indian contract act, 1872 stipulates that where no time limit is specified, the engagement must be performed within a reasonable ..... is, however, rarely that contracts of the types to which the principle formulated by us above applies are induced by undue influence as defined by section 16(1) of the indian contract act, even though at times they are between parties one of whom holds a real or apparent authority over the other. ..... the only relevant provision in the indian contract act which can apply is section 23 when it states that "the consideration or object of an agreement is lawful, unless . ..... order that such a contract should be void, it must fall under one of the relevant sections of the indian contract act. ..... the indian contract act does not define the expression "public policy" or "opposed to public ..... it was induced by undue influence, then under section 19a of the indian contract act, it would be voidable. ..... 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. .....