Court : Guwahati
..... appeal solely depends upon the interpretation, implications and consequences of clause xii(a) and clause 27 of the agreement having applied the statutory test of section 74 of the indian contract act (shortly, 'the act) 5. as per clause xii(a) of the agreement, the plaintiff-contractor 'shall be liable for all costs damages, demurrages, wharfages, forfeiture of wagons, registration fees, charges and expenses ..... to be the reasonable compensation. on perusal of the aforesaid decision in k. p. subbarama (supra). it appears that the hon'ble apex court while interpreting section 23 of the indian contract act on a different background defeat with the matter and as such, the ratio of the said case appears to be no way applicable in the present case. under the aforesaid .....
Tag this Judgment!Court : Guwahati
..... fresh obligation with the creditor to pay the liability, the said obligation, if it satisfies the conditions laid down in section 25(3) of the indian contract act, will amount to a fresh contract in the eye of law and can certainly be made the basis of an action for recovering the amount promised and acknowledged therein by the debtor. ..... by the engineer vide the aforesaid two letters can be held to be a promise within the meaning of sub-section (3) of section 25 of the indian contract act and thus amounting to a contract enforceable in law. to make it more clear, we may refer to the relevant provisions of section 25 as below : -'25. agreement without consideration, ..... to pay...............'.16. it is, therefore, clear that the promise made by the executive engineer the letter dated 29.2.1996 is a contract within the meaning of section 25(3) of the indian contract act and it gave rise to fresh cause of action in views of the ratio available from the above decisions. the decision of the .....
Tag this Judgment!Court : Guwahati
..... learned government advocate, however, contended that the rules being local rules framed specially for the purpose of settlement of the forest coupes and mahal, provisions of indian contract act, cannot be made applicable in respect of settlement of the mahal with the forest contractor.12. we are unable to accept the submission of the learned ..... 21-3-77 well before acceptance thereof. in other words, the petitioner revoked his proposal/offer well before acceptance thereof. under the provision of the indian contract act, the petitioner has the statutory right to withdraw/revoke his offer for getting settlement of the mahal or coupe before acceptance thereof by the settling authorities. ..... a sale of the mahal is made and even in case the tender is withdrawn before acceptance thereof.10. under the provisions of section 5 of indian contract act, a proposal may be revoked at any time before communication of its acceptance is complete as against the proposer, but not afterwards. admittedly, the .....
Tag this Judgment!Court : Guwahati
..... not applicable, recourse can be had to the prnciples of english law on the subject of frustration. it must be held also that to the extent that the indian contract act deals with a particular subject, it is exhaustive upon the same and it is not permissible to import the principles of english law 'de hors' to these ..... was observed that 'these differences in the way of formulating legal theories really do not concern us so long as we have a statutory provision in the indian contract act. in deciding cases in india, the only doctrine that we have to go by is that of supervening impossibility or illegality as laid down in section 56 ..... law, these cases are treated as cases of frustration, in india they would be dealt with under section 32 of the indian contract act which deals with the contingent contracts or similar other provisions contained in the act. in the large majority of cases however tile doctrine of frustration is applied not on the ground that the parries themselves agreed .....
Tag this Judgment!Court : Guwahati
..... acquittal of the accused-petitioner, held that the petitioner had a lien over the property, in all probability bearing in mind the provisions contained in section 170 of the indian contract act, 1'872. but, unfortunately, the trial court had omitted to serve notice on the registered owner of the car, who was the only person entitled to make use ..... aside the order on the assumption that the accused had no lien or right of retention of the property oblivious of the provisions contained in section 170 of the indian contract act.3. the impugned order of the court of appeal is insupportable in view of the fact that the appeal court overlooked the lien claimed by the petitioner as ..... remanded back to the trial court for disposal of the application in accordance with law as set out above and particularly the provisions contained in section 170 of the indian contract act.9. it is a common case of the parties that the matter should be disposed of at an early date. it is highly desirable to do it in .....
Tag this Judgment!Court : Guwahati
..... or enforcing the bid security, there is no statutory right, exercise of which was being fettered. there is no term in the contract which is contrary to the provisions of the indian contract act. the indian contract act merely provides that a person can withdraw his offer before its acceptance. but withdrawal of an offer, before it is accepted, ..... the earnest/security be returned to him. forfeiture of such earnest/security, in no way, affects any statutory right under the indian contract act. such earnest/security is given and taken to ensure that a contract comes into existence. it would be an anomalous situation that a person who, by his own conduct, precludes the coming ..... claiming refund of the earnest money and submits that the department has rightly forfeited the earnest money.7. under section 5 of the contract act, 1872, there can be no dispute that a contracting party has the right to withdraw his bid before its acceptance by either of the parties. in this case, the respondents have .....
Tag this Judgment!Court : Guwahati
..... trial court completely misconstrued the meaning of the word 'consideration' in passing the impugned order by not considering the true purport of the word as defined in the indian contract act.11. mr. r.l. yadav, learned counsel appearing on behalf of the plaintiff respondents, on the other hand, has raised an objection relating to the ..... plaint specifically disclose that there was 'consideration' at the time of entering into the agreement between the parties as contemplated in section 2(e) of the indian contract act.12. i have considered the rival submissions made by the learned counsel for the parties. framing of a preliminary issue is the discretionary power vested upon the ..... trial court to frame such preliminary issue cannot be said to be unjust or improper or illegal exercise of power. section 2(d) and (e) of the indian contract act defining the word 'consideration' and 'agreement' are quoted herein below :2(d) when, at the desire of the promisor, the promisee or any other person .....
Tag this Judgment!Court : Guwahati
..... settled that before an offer is accepted, the offerer can withdraw his offer, but if the acceptance is conditional or is not final, then there is no concluded contract. section 5 of the indian contract act states that a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards. similarly, an acceptance ..... , be taken to be law that where the government is dealing with the public, whether by way of giving jobs or entering into contracts or issuing quotas or licences or granting other forms of largesse, the government cannot act arbitrarily at its sweet will and like a private individual, deal with any person it please, but its action must be in conformity .....
Tag this Judgment!Court : Guwahati
..... into by the parties in clear disregard of public interest, as well as, interest of the answering defendants and the agreement being not a contract under section 10 read with section 2(d) of indian contract act, 1872, no suit lies for specific performance of the agreement and therefore, prayed for dismissal of the suit.9. upon the pleadings of the parties ..... in future as and when the property in question vests on them, holding that the agreement is a contract after considering the provisions of sections 2(b), 2(d), 2(e), 2(f), 2(h) and section 10 of the indian contract act which is enforceable under the law. on issue nos. 1 and 6, the court found both the ..... in the appeal requires no interference.15. mr. bhattacharyya, learned senior counsel has further argued that sections 2(b) to 2(h) along with section 10 of the contract act, if read together with the agreement dated 19.1.85, it would show that there was a lawful consideration between the parties because the government would get 4 kathas .....
Tag this Judgment!Court : Guwahati
..... no payments were released the goods were kept in the warehouse in the name of the petitioner only. section 221 of the indian contract act, reads as follows :'221. agent's lien on principal's property.--in the absence of any contract to the contrary, an agent is entitled to retain goods, papers and other property, whether movable or immovable, of the ..... it is clear that the movement of the goods from the foreign country (here the united states) to india was in pursuance of the conditions of the pre-existing contract of sale between the respondent-assessee and the local purchaser. if that be so the view of the tribunal and the high court that the sales in question were ..... law on the point stands well-settled by the decision of the apex. court in the case of deputy commissioner of agricultural income-tax and sales tax, ernakulam v. indian explosives ltd. reported in [1985] 60 stc 310. the facts in that case are more or less identical and the apex court observed as follows :'having regard to the .....
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