Court : Gujarat
Reported in : (1984)1GLR237
..... shows that there are binding decisions of division bench of equal strength which have taken inconsistent views regarding the group of sections dealing with bailment of the indian contract act, 1872 and the supreme court has not so far resolved the said controversy so as to declare that view expressed in the aforesaid case of official assignee bombay ..... shipping company to protect itself by a clause inserted in the bill of lading from liability for the negligence of its servants notwithstanding section 151 of the indian contract act, 1872. this is also a division bench judgment wherein on the point under consideration, it has been observed as under:there is a further point as to ..... delivered to the administration to be carried by railway shall, subject to the other provisions of the act, be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872. under section 151 of the indian contract act, the bailee is bound to take such care of the goods bailed to him as a man .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1967Guj81; (1965)GLR915
..... . it is the validity of this argument of mr. majumdar which requires to be considered in this appeal. this contention is also based on section 29 of the indian contract act. that section enacts that agreements the meaning of which is not certain or capable of being made certain are void. mr. majumdar's contention is that when we ..... the ground that one of the material terms was uncertain. this argument was repelled by the learned district judge by reference to illustration (e) to section 29 of the indian contract act. that illustration says that if 'a' agrees to sell to 'b' 1000 maunds of rice at a price to be fixed by 'c', there is no uncertainty ..... of which the court cannot find with certainly cannot be specifically enforced. this argument is nothing but a rehash of the argument based upon section 29 of the indian contract act. i have already held that the impugned clause in the aforesaid agreement cannot be said to be uncertain in the sense that the meaning thereof cannot be ascertained .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1967Guj46; (1965)GLR817
..... 69: (air 1922 pc 403). in that case, their lordships at page 75, after noting the distinction between the two expressions (i) agreement, and (ii) contract, as used in the indian contract act and pointing out that section 65 deals with (a) agreements enforceable by law, and (b) agreements not so enforceable, proceed to decide the point regarding the ..... recovering back the amount paid under the void document. in my judgment, in advancing this argument, mr. shah ignores the provision contained in s. 65 of the indian contract act. that section has been enacted to provide exactly for a contingency of this type. therefore, if s. 65 applies to the facts of the present case, there ..... division), vyara, from out of which this second appeal arises. the main question which requires to be decided in the present appeal is whether s. 65 of the indian contract act is or is not applicable to the facts of the present case. those facts may be stated at first. on 17th september 1948, yakubkhan, plaintiff no. 1 .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)6GLR915
..... . it is the validity of this argument of mr. majmundar which requires to be considered in this appeal. this contention is also based on section 29 of the indian contract act that section enacts that agreements the meaning of which is not certain or capable of being made certain are void. mr. majmundars contention is that when we have a ..... ground that one of the materia] terms was uncertain. this argument was repelled by the learned district judge by reference to illustration (e) to section 29 of the indian contract act. that illustration says that if a agrees to sell to b 1000 maunds of rice at a price to be fixed by c there is no uncertainty in the ..... of which the court cannot find with certainty cannot be specifically enforced. the argument is nothing but a rehash of the argument based upon section 29 of the indian contract act. i have already held that the impugned clause in the aforesaid agreement cannot be said to be uncertain in the sense that the meaning thereof cannot be ascertained .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1968Guj276; (1968)9GLR932
..... was jurisdiction to entertain the suit.'no manner of doubt can be raised that their lordships of the privy council definitely laid down that section 49 of the indian contract act does not oust the rule of english common law of the obligation to pay the creditor and the further obligation of finding the creditor so as to pay. ..... not think that in state of the authorities it is possible to accede to the present contention that section 49 of the indian contract act gets rid of internees, that should justify be drawn from the terms of the contract itself or from the necessities of the case, involving in the obligation to pay the creditor so as to pay him ..... that in this state of the authorities it is possible top accede to the present contention that section 49 of the indian contract act gets rid of inferences, that should justly be drawn from the terms of the contract itself or from the necessities of the case, involving in the obligation to pay the creditor the further obligation of finding .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR2777
..... has stated that merely, plans were shown. the learned counsel for the builder submitted that in view of section 19a of the indian contract act, 1872, if there is undue influence, then, the agreement which is a contract, is voidable at the option of the party whose consent was so obtained. it was further submitted that in view of section ..... 65 of the indian contract act, 1872, when an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it, to the person from ..... builder is only an advertisement of the proposed project. according to him it was nothing but an invitation to offer as contemplated in the indian contract act. according to him, the written contract is in the form of possession receipt which is produced on the record and the reliance is placed on the said receipts. shri upendra .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2001Guj287
..... of old rates, he had already revised his offer, and therefore, it cannot be said that there is a concluded contract.20. shri dayani has argued that in view of sec. 5 of the indian contract act, 1872, a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer but ..... terms and conditions of the tender, now plaintiff cannot revise his earlier offer.21. in view of section 5 of the indian contract act, no such condition can be made operative against the plaintiff. when the indian contract act itself allows the offerer to revise by revoking his earlier offer, before that offer is accepted by the opposite party, aforesaid ..... , though this was going to cost more to the plaintiff. plaintiff's offer was going to get expired on 30/11/1990. as per the position of indian contract act, if validity period of offer is not mutually extended by both the parties, then the offerer is within his legal rights to refuse to honour the acceptance subsequently .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)3GLR2629; (2008)IILLJ226Guj
..... the alleged offer of resignation made by the appellant was not based on free consent. the word 'consent' is defined under section 13 of the indian contract act, 1872 (for short 'the act') which says that two or more persons are said to consent when they agree upon the same thing in the same sense. the word 'free consent ..... of the appellant. as he was under undue influence, the appellant was entitled under section 19a of the indian contract act to have the agreement/contract set aside. thus, his resignation was voidable at his option under section 19a of the indian contract act. 8. irrespective of the aforesaid submissions in the main letters patent appeal, mr.shalin mehta has submitted ..... the argument is that the offer of resignation was given under undue influence. the word 'undue influence' is defined under section 16 of the act, which says that a contract is said to be induced by 'undue influence' where the relations subsisting between the parties are such that one of the parties is in a .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1967Guj130
..... their destination in the same condition. that is no more and no less than the duty which is in terms cast upon a bailee by the provisions of the indian contract act. in these cases, there was the crucial fact that knowledge was imputed to the railway when goods are transported during rainy season that they are liable to be ..... question arises for determination. apart from this english decision, the law of contract in india also lays down what is the time within which a contract has to be performed when no time limit is fixed. section 46 of the indian contract act provides': '46. where, by the contract, a promisor is to perform his promise without application by the promisee and ..... 74c (3) and 74d is that, ordinarily the liability in respect of the goods given to the railway for carriage will be that of a bailee under the contract act, but if the goods are entrusted for such carriage at owner's risk as contemplated by section 74c, then that general liability of the railway shall be modified to .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)2GLR1329
..... government.27. a faint attempt was made that there was frustration as contemplated by section 56 of the indian contract act which runs as under:56. an agreement to do an act impossible in itself is void. a contract to do, an act, which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent unlawful ..... contract becomes void, any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it, to the ..... in the name and on behalf of the governor of gujarat and that resolution was binding to the state of gujarat. it was void contract, according to the state the action is required to be taken under section 65 of the indian contract act which reads as under:65. when an agreement is discovered to be void, or when a .....
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