Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 155 effect of mixture with bailors consent of his goods with bailees Court: madhya pradesh

Ratanlal Son of Pannalalji Vs. Firm Mangilal Mathuralal of Indore and ...

Court : Madhya Pradesh

Reported in : AIR1963MP323

..... might be on the basis of his right as an agent against his principal. we are unable to subscribe to the view that section 222 of the indian contract act can be invoked in favour of the appellant in the present case. therefore, we are of opinion, that the appellant's suit was rightly dismissed by ..... as also the full bench of this court held that the agreement being rendered unlawful under section 23 of the indian contract act could not be enforced in a court of law and, therefore, specific performance of the contract of sale of shares was refused. we may only observe that the reasoning of the learned judges constituting the ..... illegality is even indirectly connected with a perfectly innocent and legal contract, the contract is rendered unlawful or illegal and the court would refuse to enforce such a contract, having in view the provisions of section 23 of the indian contract act, as giving effect to a perfectly legal contract, which is tainted by a collateral illegality or an earlier .....

Union of India (Uoi) Vs. Shantilal Nanchand Jain

Court : Madhya Pradesh

Reported in : AIR1957MP192

..... v. union of india, air 1955 cat 204 (g), it was even held that where the railway charges demurrage, it is liable under section 152 of the indian contract act, on a contract of bailment for warehousing the goods. this is one view.9. the other view is that the railway is not liable as a bailee for any damage caused ..... from liability when the goods were destroyed by fire on the third day of the arrival o the goods when delivery was asked for.11. section 160 of the indian contract act enjoins a duty on the bailee to return or deliver according to the bailor's directions, the goods bailed, without demand, as soon as the time for which ..... any person would have dealt with his own goods in similar circumstances. the amount of care enjoined on the railway administration under section 72 of the indian railways act, 1890, read with, section 151 of the indian contract act, 1782, was not, therefore, taken. this inference is not affected by the fact that an assistant station master was on general duty on .....

Balaji Industries and anr. Vs. State Bank of India and ors.

Court : Madhya Pradesh

Reported in : [1998]94CompCas545(MP); 1997(2)MPLJ316

..... undue enrichment, would amount to practising fraud and to committing of abuse of the process of the court. in further pursuit, he has placed reliance on section 41 of the indian contract act, 1872, and on union of india v. gangabishan, air 1973 cal 141. he has also stated that efforts for a reasonable settlement with the bank are in progress.4. ..... in law to go behind the decree and entertain the plea, for whatever worth, unsupportable by the decree.8. the law as enacted in section 41 of the indian contract act, 1872, as noted above, has been adopted from the roman law and is a departure from the early english law on the point. the ..... has, however, dubbed the oppugnation as non-meritorious and has contended that the executing court has passed the legal and valid order as there is indubitably 'no privity of contract' between the borrower and corporation. he has submitted that the executing court has no jurisdiction 'to go behind the decree' and imagine the state of affairs, not indicated .....

S.P. Jauhari Vs. Madhya Pradesh Laghu Udyog Nigam Maryadit

Court : Madhya Pradesh

Reported in : 2004(2)MPHT533; 2003(3)MPLJ481

..... raised in the bar that a contract of employment would not be governed by the indian contract act. a contract of employment is also a subject matter of contract. unless governed by a statute or statutory rules the provisions of the indian contract act would be only applicable at the formulation of the contract as also the determination thereof. ..... subject to certain just exceptions even specific performance of contract by way ..... management was under the obligation to honour it. the management cannot fall back on the plea that it had already acted on 31-12-2002 as a consequence of which a concluded contract had come into existence. when the offer was a conditional one and futuristic in nature, such an exercise, in .....

B.B. Verma and anr. and S.C. Batra and anr. Vs. State of M.P. and anr.

Court : Madhya Pradesh

Reported in : AIR2008MP202; 2008(1)MPHT17

..... to the original contractor, the additional expenses sought to be recovered by the government are nothing but damages within the meaning of section 73 of the indian contract act, 1872. the contention of mr. shukla that the additional expenses sought to be recovered under clause 4.3.3.3 of the conditions of ..... clause 4.3.3.3 are really in the nature of damages. section 73 of the indian contract act, 1872 provides that when a contract is broken, the party who suffers by such breach is entitled to receive from the party who has broken the contract compensation for any loss or damage caused to him thereby which naturally arose in the usual ..... or materials used on the work or as to any other question, claim, right, matter or thing whatsoever, in any way arising out of, or relating to the contract, designs, drawings, specifications, estimates, instructions, orders or those conditions or otherwise concerning the work of execution or failure to execute the same whether arising during the progress of .....

Vishal Nikhare Vs. the State of Madhya Pradesh Judgement Given By: ...

Court : Madhya Pradesh

..... to the petitioners.the correct answer is it is enforceable by law as provided in section 2(h) of the indian contract act. the said question reads as under :- 20. under indian contract act, when does an agreement becomes a contract ?. 2 writ petition no.21874/2013 writ petition no.21969/2013 four options have been provided against that question; viz ..... the view that all of the above , which is the model answer, is the correct answer. the fact that section 2(h) of the indian contract act refers to the contract being enforceable by law does not necessarily mean that the other two factors referred to against question no.20 are not applicable. even those factors ..... . i) it is enforceable by law, ii) it is between parties competent to contract, iii) it is by the free consent .....

A.S. Motors Pvt. Ltd. Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : I(2008)BC546

..... no case for interference exercising jurisdiction under articles 226/227 of the constitution is made out.10. refuting the contentions with regard to applicability of section 74 of the indian contract act, the question of recovery, and imposing of penalty without proof of loss, mr. gupta, learned senior counsel taking me through the observation made by the supreme court ..... security and revocation of the bank guarantee, i.e., imposition of the penalty.26. to decide the question of applicability of section 74 of the indian contract act, effect of the same on the facts and circumstances of the present case and the reasonableness of the amount to be recovered from the petitioner for breach of ..... judgment of this court in fateh chand's case (supra). this court observed at p. 526:section 74 of the indian contract act deals with the measure of damages in two classes of cases: (i) where the contract names a sum to be stipulated by way of penalty xxx.' the measure of damages in the case of breach of .....

Leela Bai Vs. Ganpati and Another

Court : Madhya Pradesh

..... . if any agreement is done defeating any statute then such an agreement cannot be considered as a valid contract. according to the provisions of section 28 of the indian contract act, 1872 if any contract takes place which extinguishes the right of any party then such portion of the contract which violates the statutory provision is void, which is not enforceable. in the present case, an agreement ..... that the applicant could not ask for further maintenance was violative to the provisions of section 127 of the cr.p.c and therefore, that portion of contract was void under section 28 of the indian contract act. under such circumstances, if the maintenance application of the applicant was disposed off due to agreement then the applicant was not prohibited to move a fresh .....

The Food Corporation of India Vs. Ratanlal N. Gwalani

Court : Madhya Pradesh

Reported in : AIR2004MP215; 2004(1)MPHT56; 2004(1)MPLJ552

..... pleaded, no decision could be passed thereupon. the point which now the defendant is raising appears to have been borrowed from the context of section 63 of the indian contract act but without any pleading to that effect, the defendant can not be permitted to raise this point for the first time in this court and to put the ..... their lordships of the supreme court while dealing with sections 55 and 73 of the indian contract act have held that the contractor is entitled for extra payment for the extended period of contract on account of inflation because the department extended the period of the contract.34. the trial court, in our considered opinion, was right in allowing the ..... brought within three years from this date; i.e., 4-3-1992, the same is within limitation as per articles 55 and 113 of the indian limitation act, 1963 (in short 'the act'). to understand the rival contentions of learned counsel for the parties, it shall be apposite to refer articles 55 and 113 of the limitation .....

Harvansh Singh and anr. Vs. Bhagwan Das and anr.

Court : Madhya Pradesh

Reported in : 2006(1)MPHT208; 2006(1)MPLJ604

..... in this appeal are :-(a) was the time essence of the contract ?(b) whether the plaintiffs were ready and willing to perform their part of the contract ?9. this court answers these points as under :-generally speaking under section 55 of the indian contract act (9 of 1872) time is not the essence of contract in cases of immovable properties. but it can be of essence if ..... the terms of the contract so speak. in the present case the agreement (ex. p .....