Court : Supreme Court of India
Reported in : 1998VIIAD(SC)37; AIR1998SC3085; (1999)1CALLT22(SC); 1999(1)CTC175; JT1998(6)SC289; 1998(5)SCALE195; (1998)7SCC184; [1998]Supp1SCR485
..... get saved on the combined operation of section 4 of the property act and section 1 of the indian contract act, 1872. but that would also be subject to the rider that such an inconsistent contract should not be inconsistent with the provisions of the indian contract act. thus in absence of any contrary provision in the contract, section 108 will operate on its own. if there is any contrary ..... contrary and that section 4 of the property act lays down that chapters and sections of this act which relate to contracts shall be taken as part of the indian contract act, 1972. our attention, in this connection, also was invited to section 1 of the indian contract act, 1872 which provides that :'nothing herein contained shall affect the provisions of any statute, act or regulation not hereby expressly repealed, nor .....
Tag this Judgment!Court : Chennai
Reported in : AIR1974Mad233
..... the correspondence that passed between the parties. in our opinion, this argument of the learned counsel for the appellants overlooks the exception to section 74 of the indian contract act, which also we have extracted. that exception takes two categories of instruments out of the scope of the restriction contained in section 74. one category of ..... of law with reference to sections 73, 74 and 75 of the indian contract act.9. even with reference to this judgment, mr. badsha contended that the court has to fix a reasonable compensation not exceeding the amount agreed to between ..... not award him any substantial amount. but that is far different from denying him the right to claim compensation as provided for by section 74 of the indian contract act on the ground that he has not actually suffered any loss or damage". in our opinion, the above extracts from the judgment correctly represent the position .....
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 : Punjab and Haryana
Reported in : IV(2005)BC404; (2005)140PLR567
..... shall, however, be entitled to recover the liquidated damages on account of administrative and other expenses suffered by it. apart from the above, as per section 74 of the indian contract act, 1872, no details were to be given of the administrative and other expenses incurred by the fci.8. in view of the above, i find no affirmity in the orders ..... compensation not exceeding the amount so named or, as the case may be, the penalty stipulated for.6. in terms of section 74 of the indian contract act, 1872 also the fci was not liable to prove the actual damages suffered by it and was entitled to the awarded amount in-terms of clause xx of the agreement ..... on the above clause, mr. gopi chand has also drawn my attention to section 74 of the indian contract act, 1872, which is also reproduced as under:-'74. compensation for breach of contract where penalty stipulated for.- when a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or if the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(2007)BC73; (2005)140PLR858
..... i. shall, however, be entitled to recover the liquidated damages on account of administrative and other expenses suffered by it. apart from the above, as per section 74 of the indian contract act, 1872, no details were to be given of the administrative and other expenses incurred by the f.c.i.8. in view of the above, i find no infirmity in the ..... compensation not exceeding the amount so named or, as the case may be, the penalty stipulated for.'6. in terms of section 74 of the indian contract act, 1872 also the f.c.i. was not liable to prove the actual damages suffered by it and was entitled to the awarded amount in-terms of clause xx of the ..... reliance on the above clause. mr. gopi chand has also drawn my attention to section 74 of the indian contract act, 1872, which is also reproduced as under:-'74. compensation for breach of contract where penalty stipulated for.- when a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or if the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3480; JT2006(5)SC41; 2006(2)KLT270(SC); (2006)IILLJ529SC; 2006(3)SCALE534; (2006)4SCC327
..... petitioners by the state in such matters, in our considered opinion, would attract the wrath of article 14 of the constitution of india as also section 23 of the indian contract act. see central inland water transport corporation ltd. v. brojo nath ganguly : (1986)iillj171sc and delhi transport corporation v. d.t.c. mazdoor congress : (1991)illj395sc ..... matter of debate but in a case of this nature there cannot be any doubt that the impugned rules are also contrary to the provisions of the indian contract act as also the specific relief act, 1963.29. in pearlite liners (p) ltd. v. manorama sirsi : (2004)illj1041sc , it is stated:.it is a well-settled principle ..... be restricted. such a power to enter into a contract is within the realm of the indian contract act. it has not been and could not be contended that a contract of employment in the toddy shops would be hit by section 23 of the indian contract act. so long as the contract of employment in a particular trade is not prohibited either .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2000Bom204; 2000(3)BomCR347; 2000(2)MhLj181
..... such purchases have not taken away from the appellants their general right to claim damages under section 73 of the indian contract act. he submitted that for invoking the provisions of section 73 of the indian contract act, it was not necessary for the appellants to have purchased the equipments and materials not supplied by the respondents, ..... term completely express the question of the measure of damages and, therefore, excludes the operation of section 73 of the indian contract act, though that section applies to contracts for sale of goods generally.'the contracts in question if examined on the back drop of the aforesaid legal canvass it would be clear that clause 14(ii ..... market, the appellants would be entitled to claim damages from the respondents by virtue of provisions of section 73 of the indian contract act on the basis of the difference between the contract price and the market price of the materials on the date of the breach of the agreement by the respondents. according to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2008)BC476
..... the pawnee shall not retain the goods pledged for any debt or promise other than the debt or promise for which they are pledged14. section 171 of the indian contract act, 1872 reads as hereunder:171. general lien of bankers, factors, wharfingers, attorneys, and policy-brokers:bankers, factors, wharfingers, attorneys of a high court and policy-brokers ..... sita's case (i (2000) bc 199 supra). the learned standing counsel also pointed out that the bank's lien contemplated by section 171 of the indian contract act, 1872 would be applicable. the counsel also pointed out that the learned judge in sita's case (i (2000) bc 199 supra) in fact, had referred ..... bank and anr. : air1982cal62 and would maintain that in the facts and circumstances of the present case, it cannot be said that section 171 of the indian contract act, 1872 would be attracted. ultimately, the learned counsel would conclude that this stand taken by the banking institution is unsustainable stand and the writ petition to be allowed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC4630; I(2004)BC211(SC); [2003]117CompCas554(SC); (2004)1CompLJ121(SC); 2004(2)CTC374; JT2003(10)SC597; 2003(8)SCALE364; (2004)1SCC12; [2003]47SCL582(SC); 2004(1)LC
..... brs by delivery of sgl thereby accepted the satisfaction in terms of section 63 of the indian contract act.' 45. in the light of these facts, let us now consider the effect of section 41, 62 and 63 of the indian contract act, 1872. the same are reproduced here under for ready reference:'41. effect of accepting performance from ..... third person. - when a promise accepts performance of the promise from a third person, he cannot afterwards enforce it against the promisor.' 62. effect of novation, rescission, and alteration of contract- if the parties to a contract agree ..... claim it from the citi bank. in our opinion, the special court fell in error in applying section 41 of the indian contract act to the facts of the case. section 41 of the indian contract act only provides that the promise cannot have double satisfaction of its claim i.e. from the promisor as well as third .....
Tag this Judgment!Court : Chennai
Reported in : AIR1953Mad3; (1952)IIMLJ270
..... 1878 and 1890) and 'that notwithstanding some ge-neral expressions in the chapter on bailments, a common carrier's responsibility is not within the indian contract act of 1872'".tyabji j. also says the same thing at page 953:"..... it is not open to this court to say that the liability of such carriers as we ..... considerations lead their lordships to the conclusion that the act of 1872 was not intended to deal with the law relating to common carriers and notwithstanding the generality of some expressions in the chapter on bailments, they think that common carriers are not within the act."11. the provisions of the indian contract act referred to above are sections 151 and 152, the ..... have to deal with in this case is governed by section 151 of the indian contract act, after the decision of the privy council in the case of the - 'irrawaddy flottila co v. .....
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