Court : Chennai
Reported in : (2009)2MLJ644; 2009CIJ243Madras
..... first respondent ought not to have registered the said document as the same is opposed to public policy and also contrary to the indian contract act, the transfer of property act and the indian registration act; more particularly, section 32a of the indian registration act and so, the registration of the cancellation deed to which the petitioner was not a party, is illegal. on these grounds, the petitioner ..... no specific provision for cancellation of a sale in the transfer of property act. section 4 of the said act states that the chapters and sections of the said act which relate to contracts shall be taken as part of the indian contract act. since, a sale is an executed contract, section 62 of the indian contract act is applicable which speaks of conditions under which novation, recession and alteration of .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1954Bom491; (1954)56BOMLR575; ILR1954Bom1137
..... of the letter, there could be no question of the acceptance subsisting until it reached jullunder.'as the learned chief justice harries pointed out, section 4 of the indian contract act creates, in the case of an acceptor, a position which is somewhat different from the position of an offerer. as soon as the communication accepting the offer ..... but also at the place where it is received by the offerer, there will be two acceptances binding on the offerer. such a position is untenable under the indian contract act.it was for this reason that mr. justice patanjali sastri's view on this point in 'sepulchre bros. v. khushal das (h)' was considered unsound and incorrect ..... is communicated to him air 1942 mad 13 (h)'.mr. justice patanjali sastri was impressed by the argument based on the provisions of s. 4 of the indian contract act and indeed he observed that he should have hesitated to follow the decision of ramesam j. but the english decision which was cited before him ultimately persuaded him .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC44; (1954)IMLJ41(SC)
..... to emphasise that so far as the courts in this country are concerned, they must look primarily to the law as embodied in sections 32 and 56 of the indian contract act, 1872.' 12. we hold, therefore, that the doctrine of frustration is really an aspect or part of the law of discharge of ..... position, a contention in the extreme form that the doctrine of frustration as recognised in english law does not come at all within the purview of section 56 of the indian contract act cannot be accepted. 20. the second contention raised by the attorney -general can be disposed of in few words. it is true that in england the judicial opinion generally ..... is not applicable, recourse can be had to the principles 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 dehors these statutory provisions. the decisions .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(2)AWC1117(SC); 2004(1)CTLJ104(SC); JT2003(10)SC232; 2003(10)SCALE898; (2003)12SCC91; 2004(2)LC933(SC)
..... and at that stage there was a clear misrepresentation by the respondent. to establish misrepresentation on this count the reliance was placed on the provisions of the indian contract act. there is no force in this submission. statement about the existing state of the law innocently made cannot constitute misrepresentation if it is later found that ..... the parties under section 10 and became voidable at the option of the appellants under section 19 of the indian contract act. that the contract was frustrated and incapable of being performed in terms of section 56 of the indian contract act. that the appellants have almost come to ruination because of the action of the respondents in as much ..... was ceiling free, although it knew that there was a ceiling limit not only amounted to misrepresentation under section 18 of the indian contract act but in fact amounted to fraud because any representation with knowledge that the representation was not true would amount to fraud. it was argued that the .....
Tag this Judgment!Court : Delhi
Reported in : 2006(3)ARBLR118(Delhi); 2006(2)CTLJ57(Del); 131(2006)DLT681
..... raj chopra and anr. v. shri narendra anand and ors. : 1991(21)drj53 .25. before considering the case law on the subject of section 27 of the indian contract act, 1872, it would be instructive to have another look at the said non-solicitation clause. a reading of the clause indicates that it has two components. the first component deals ..... in operation, but that agreement did not contain a non-solicitation clause. fourthly, he mentioned that any restraint on employment would be vocative of section 27 of the indian contract act, 1872 and that the ratio of the decision in the case of pepsi foods ltd and ors. v. bharat coca-cola holdings pvt. ltd and ors. : ( ..... with any other competitor, supplier or customer of the other party, would be hit by section 27 of the indian contract act as being in restraint of the trade, business or lawful profession. section 27 of the indian contract act, 1872 reads as under:27. agreement in restraint of trade, void.every agreement by which any one is restrained from .....
Tag this Judgment!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 .....
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