Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 156 effect of mixture without bailors consent when the goods can be separated Page 1 of about 15 results (0.249 seconds)

M/s. Mascon Multiservices and Consultants Pvt. Ltd. Vs. Bharat Oman Re ...

Court : Mumbai

..... the statement of objects and reasons runs thus: statement of objects and reasons the law commission of india has recommended in its 97th report that section 28 of the indian contract act, 1872 may be amended so that the anomalous situation created by the existing section may ..... the learned judge has set out para 46 of the judgment in the case of saw pipes (supra) which lays down 2 contingencies: (i) when the party suffers by the breach of contract in which case he would be entitled to the loss which arises from the breach, and (ii) when the parties know that the particular loss would result from a breach, they can agree for payment of specific compensation, in such a case there is no need to lead evidence for proving damages arising from the ..... argued on behalf of the petitioner that this finding has been made without considering the material on record because the petitioner never sought time to rectify defects in the job of the petitioner alleged by the respondent; the petitioner only sought time for the work it was enjoined to do under the contract during the defect liability period. ..... in clause 16.2 it provided that if the supplier failed to deliver the goods and services, the purchaser would be entitled to recover 0.5% of the value of the delayed quantity of goods and services for each week of delay upto 10 weeks and thereafter at a ..... was held that when the conduct of the parties implied to mean that they have consented not to insist upon mandatory time limit, the award cannot be .....

India Builders Corporation Rep. by Its Managing Partner, Mr. Ziaulla S ...

Court : Karnataka

Reported in : ILR2009KAR4028

..... the learned senior counsel would further submit that the supreme court in the aforestated judgment has made distinction between the provisions of section 74 of the indian contract act and english law regarding stipulation of terms of contract and stipulation in the ..... the contract to be governed, or (in other words) the law or laws to which the parties intended or may fairly be presumed to have intended, to submit themselves' ...the proper law of the contract is presumed to be the law of the country where the contract is made (lex loci contractus) and as a second presumption: 'when the contract is made in cue country, and is to be performed either wholly or partly in another, then the proper law of the contract may be presumed to be the law of the country where the performance is to take place (lex loci solutionis).in the ..... the decree-holder filed a separate claim in the central london county court, for a declaration that agreement dated 29.01.1999 was not property terminated by the judgment-debtor for damages against the judgment-debtor for its failure to complete the contract and/or for breach of contract.by letter dated 18.07.2000, the ..... decree-holder in the objection statement filed by judgment-debtor is an after thought the judgment-debtor to over come the effect of documents filed ..... the initiation of proceedings without production of certificate of satisfaction is contrary to the provisions of section ..... can clearly be seen that larger fraud is played by decree-holder and others in the .....

Sabina D'Costa Vs. Joseph Antony Noronha

Court : Karnataka

Reported in : AIR1984Kant122; 1983(1)KarLJ452

..... section 74 of the indian contract act reads:'compensation, for breach of contract where penalty stipulated for when a contract has been broken, if a sums named in the contract as the amount to be paid in case of such breach, or if the contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled, whether or not actual damage or loss is proved to have been caused thereby to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or as the caw may be, the penalty stipulated for.' 15. ..... is entitled to receive compensation from the party who has broken the contract whether or not actual damage or ion it proved to, have been caused by the breach, thereby it merely dispenses with proof of actual loss of damage it does not justify the award of compensation when in consequence of the breach no lega1 injury at all has resulted because compensation for breach of contract can be awarded to make good loss or damage which naturally arose in the usual course of things, or which the parties knew when they made the contract, to be likely to result from .....

Ministry of Defence, Government of India Vs. Cenrex Sp. Z.O.O and Othe ...

Court : Delhi

..... it is settled law in this country in terms of various supreme court judgments that once the nature of the contract is such that losses cannot be easily calculated, the amount claimed as liquidated damages can be claimed as per section 74 of the indian contract act, 1872 without proving and showing how much loss has been caused vide oil and natural gas corporation ltd. ..... liquidated damages 10.1 in the event of seller's failure to have the goods delivered by the date/dates specified in the contract, the buyer may, after a grace period of 30 days, at his discretion, withhold any payment until the whole of the stores have been supplied, and he may also deduct from the seller as agreed, liquidated damages and not by way of penalty, the sum of 0.5% of the contract price of the undelivered stores for each and every week or part of a week for which the stores have been delayed subject to a maximum of 5% of the value of delayed ..... effect of default as to the promise which should be performed, in contract consisting or reciprocal promises- when a contract consists of reciprocal promises, such that one of them cannot be performed, or that its performance cannot be claimed till the other has been performed, and the promisor of the promise last mentioned fails to perform it, such promisor cannot claim the performance of the reciprocal promise, and must make compensation to the other party to the contract for any loss which such other party may sustain by the non-performance of the contract. .....

Meenakshinada Deikshtar Vs. Murugesa Nadar and anr.

Court : Chennai

Reported in : AIR1970Mad391

..... the above principle that deposit or earnest money is outside the pale of section 74 of the indian contract act, yet does it follow that a suitor in a case for the refund of deposit is entitled to a decree merely for the asking of it in spite of his own default or the defendants are entitled to forfeit the deposit as a matter of course, in spite of absence of pleading and proof as to any damage suffered by the ..... that the amount given by the depositor was earnest money for the due performance of the contract, then it can be forfeited by the depositee notwithstanding the breach of the contract by the depositor; this proposition, however, is subject to the ..... when there is a total absence of pleading regarding the character of the amount paid and when there is no iota of evidence that it was paid with the intention of treating it as earnest money for due performance of the contract, and in any event when no attempt has been made by the defendants to prove any damage sustained by them by reason of the plaintiff's default, the conclusion of the learned district munsif is erroneous and is the ..... the principle laid down in ilr mad 178 : 1915 24 mlj 488 : air 1915 mad 896 , is still good law and the plaintiff is not entitled to the return of the deposit notwithstanding absence of pleading by the defendants as to the loss sustained by them or proof of the ..... the content of the word 'deposit' or 'earnest money', then is it forfeitable without proof of damage whether or not expressed in a contract .....

Dhanrajgirji Narsinggirji Vs. Tata Sons Limited

Court : Mumbai

Reported in : AIR1924Bom473; (1924)26BOMLR858

..... can be disposed of very shortly by a reference to illustration (o) to section 73 of the indian contract act, which shows that it is not the profit which would have arisen to the plaintiffs, which is to be taken into account, but the market price of the property on the date of the ..... in the circumstances of the case nor in the terms of the contract, to show that the plaintiffs were not alive to the reasonable possibility, which exists in such cases, of the vendor being unable to make a good title without any default ..... that section 73 imposed no exception on the ordinary law as to damages whatever the subject-matter of the contract, and in effect he held that the english rule would not apply in india unless it could be shown that the parties to the contract expressly or impliedly contracted that this should not render the vendor ..... i am assuming for the moment that the rule might otherwise apply to the facts in this case i shall deal separately with the question as to whether in the present case the breach on the part of the defendant could be said to be due to wilful default on his part, or on account of some difficulty in the way of making out a title for which ..... having regard to the nature of the property the plaintiffs were perfectly justified in insisting upon the fulfilment of the contract by november 1, and when they realised that the contract was not fulfilled by november 1, they made it perfectly clear to the defendant that they could not wait ..... that state this consent decree was .....

Amrit Lal Goverdhan Lalan Vs. State Bank of Travancore and ors.

Court : Supreme Court of India

Reported in : AIR1968SC1432; [1968]38CompCas751(SC); [1968]3SCR724

..... section 141 of the indian contract act, 1872 states : 'a surety is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the contract of suretyship is entered into, whether the surety knows of the existence of such security or not; and, if the creditor loses, or, without the consent of the surety, parts with such security, the surety is discharged to the extent of the value of the security.' 14. ..... provided always that with the previous consent of the bank the borrowers shall be at liberty to withdraw any of the goods for the time being pledged to the bank without paying into the said account such advance value as aforesaid or substituting any goods as aforesaid provided the necessary margin required hereunder is fully maintained.' 3. ..... if, on such weighment and valuation the goods pledged are found to be short or less than the weight as shown by the borrowers, or of a lower value so as to effect the stipulated margin, the borrowers undertake to make up the deficit on demand and to re-imburse the bank for all losses, damages or expenses incurred by the bank on that account.' 4. .....

Bcpp Mazdoor Sangh and anr. Vs. N.T.P.C. and ors.

Court : Supreme Court of India

Reported in : AIR2008SC336; JT2007(12)SC156; 2007(12)SCALE204; 2008(1)SLJ319(SC); 2007AIRSCW6879

..... the only relevant provision in the indian contract act which can apply is section 23 when it states that 'the consideration or object of an agreement is lawful, unless...the court regards it as...opposed to public policy. ..... therefore, as rightly pointed out by learned senior counsel for the employees, the provision made in clause 21.0 of the agreement, the effective date and duration of agreement w.e.f 29.06.1987 is contrary to the provisions of section 23 of the indian contract act and also violative of article 14 of the constitution of india. ..... there is also no doubt that his employment could not be transferred by the appellant university to the manipur university without his consent notwithstanding any statutory provision to that effect whether in the manipur university act or elsewhere. ..... while the law of contracts in england is mostly judge-made, the law of contracts in india is enacted in a statute, namely, the indian contract act, 1872. ..... on completion of training, the appellants were issued separate appointment orders in the name of ntpc (a government of india enterprise) bcpp. ..... before the high court, the managements, namely, ntpc and balco filed separate counter affidavit. ..... in view of the same, the manpower of this plant is shown separately from the manpower of ntpc in its annual report. .....

Allahabad Bank and anr. Vs. Mecon

Court : Jharkhand

Reported in : AIR2005Jhar54; II(2005)BC387; [2005(1)JCR265(Jhr)]

..... concluded contract was reached between the parties; (b) terms and condi- tions of the concluded contract can be derived from the correspondences between the parties; (c) having regard to the above, it is clear that the bank issued bank guarantees free of any commission; (d) the concluded contract routed between the parties did not suffer any illegality or ir- regularity for want of commission; (e) the bank illegality, unilaterally and arbitrarily deducted bank commission on the guaran- tees ignoring the provisions of section 73 of the indian contract act; (f) bank guarantee commission cannot be charged by the ap- pellant on the ..... challenging the impugned judgment on the findings of the learned court below, on the point of interest, learned senior counsel for the appellants submitted that the learned court below, without discussing anything has awarded interest @ 21.75% with quarterly rests and there is no discussion in the impugned judgment as to why and how plaintiffrespondent was entitled to interest pendente lite and future @ 21.75% from the date of maturity till the realization, ignoring the provisions of law, as envisaged under section 34 of the code ..... attorneys of high court and policy-brokers may, in the absence of a contract to the contrary, retain as a security for a general balance of account, any goods bailed to them, but no other person have a right to retain, as a security for such balance, goods bailed to them, unless there is an express contract to that effect.'18. .....

Dhanrajgirji Narsinggirji Vs. Tata Sons Ltd.

Court : Mumbai

Reported in : 92Ind.Cas.225

..... claim can be disposed of very shortly by a reference to illustration (o) to section 73 of the indian contract act, which shows that it is not the profit which would have arisen to the plaintiff, which is to be taken into account, but the market price of the property on the date of the breach ..... is nothing in the circumstances of the case nor in the terms of the contract, to show that the plaintiffs were not alive to the reasonable possibility, which exists in such cases, of the vendor being unable to make a good title without any default on ..... and held that section 73 imposed no exception on the ordinary law as to damages whatever the subject matter of the contract, and in effect he held that the english rule would not apply in india unless it could be shown that the parties to the contract expressly or impliedly contracted that this should not render the vendor liable in ..... i shall deal separately with the question as to whether in the present case the breach on the part of the defendant could be said to be due to wilful default on his part, or on account of some difficulty in the way of making out a title for which he cannot be ..... having regard to the nature of the property the,, plaintiffs were perfectly justified in insisting upon the fulfilment of the contract by november 1, and when they realised that the contract was not fulfilled by november 1, they made it perfectly clear to the defend, ant-that they could not wait in any case ..... in that state this consent decree was obtained on .....