Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 190 when agent cannot delegate Page 1 of about 23,120 results (0.715 seconds)

Ahmed BIn Sayeed and Ten Ot Vs. Mrs. Kamala Bai and Seven Oth

Court : Andhra Pradesh

..... section 190 of the indian contract act, 1872 reads as follows: when agent cannot delegate ..... when the principal has reposed trust in a particular agent, the agent cannot ..... agent cannot lawfully employ another to perform acts which he has expressly or impliedly undertaken to perform personally, unless by the ordinary custom of trade a sub-agent may, or, from the nature of the agency, a sub-agent ..... therefore, the gpa holder cannot delegate further powers under an unregistered gpa in favour of 8th respondent/4th respondent and no title was passed to the appellants/respondents ..... on the other hand, the learned counsel for the respondents/petitioners argued that originally one ramlal was the holder of certificate of ownership under section 38-e of the act over the agricultural land of ac.26.31 gunts comprising in survey nos.87 and 119 of puppalguda village and during his lifetime, himself, his brothers and the sons of his deceased brother executed ..... delegated authority cannot be delegated ..... that originally the land in survey nos.87 and 119 was owned by syed shaik ahmed mohiuddin and ramlal being the protected tenant obtained ownership certificate under section 38-e of the act for the land to an extent of ac.10.26 guntas and ac.16.05 guntas in survey nos.87 and 119 respectively admeasuring ac.26.31 guntas totally in puppalguda village, hyderabad ..... against delegation is only for such acts, which an agent has ..... when an act does not require personal skill, the same may be got done through a sub-agent .....

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

Court : Mumbai

..... the judgment specifically deals with the liquidated damages contemplated and agreed by parties and specified in written contracts which are payable upon breach by delay in completion of contract essentially under section 74 of the indian contract act, 1872 which runs thus: 74. ..... 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 be rectified. ..... it is felt that section 28 of the indian contract act, 1872 should be amended as it harms the interests of the consumer dealing with big corporations and causes serious hardship to those who are economically disadvantaged. 3. ..... andhyarujina would argue that clause 47 is void under section 28(b) of the indian contract act, 1872. ..... the second contingency would arise under section 74 of the indian contract act when the parties know of the amount of loss which would be the result of the breach and agree for payment of such loss. ..... union of india, 71(1998) delhi law times 599, when the arbitrator had dealt with the claims considering documents referring to the details of the claims it was held that the court cannot reassess the evidence and arrive at contrary finding when the conclusions are supported by the material and evidence on record. ..... claim no.10 : compensation by way of interest for the delayed payment 190. .....

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

Court : Karnataka

Reported in : ILR2009KAR4028

..... the learned senior counsel for decree-holder would further submit section 74 of the indian contract act does not debar forfeiture of earnest money as damages and levy of damaged for breach of ..... 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 ..... therefore, contention of judgment-debtor that india builders corporation was not a party to the proceedings cannot be accepted.in the objection statement filed by judgment-debtor, it is stated that judgment sought to be executed is clearly a product of fraud played on the high court of justice, chancery division, london and also on the judgment ..... the circumstances, it cannot be held that decree in execution is being enforced to recover penalty as stated under explanation ii to section 44a c.p.c. ..... the executing court cannot go into merits of the case under section 44a of ..... such decree cannot be executed under section 44a of c.p.c ..... the contention of judgment-debtor that impugned judgment is opposed to principles of natural justice cannot be accepted.in a decision reported in : air 1963 sc 1 (in the case of .....

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 ..... 'in pars, 8 of the judgment, has ruled thus:'section 74 of the indian contract act is clearly an attempt to eliminate the somewhat elaborate refinements made under the english common law in distinguishing between stipulations providing for payment of liquidated damages and stipulations in the nature of ..... decision so rendered is in accordance with the letter and sprint of section 74 of the indian contract act, the provisions of which are applicable. ..... these decisions rendered by the supreme court ex cathedra firmly establish the proposition that if what is contemplated in the agreement is by way of penalty, then section 74 of the indian contract act would come into 'play. ..... that being so, section 74 of the indian contract act comes into play ..... but, if the contract is such as damages cannot be ascertained, then, if the parties predestinated the damages and the same appears reasonable, that amount shall be considered proper and shall be forfeited.18 .....

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 ..... 140 of the indian contract act, 1872 which states : 'where a guaranteed debt has become due, or default of the principal debtor to perform a guaranteed duty has taken place, the surety, upon payment or performance of all that he is liable for is invested with ..... 141 of the indian contract act incorporates the rule of english law relating to the discharge from liability of a surety when the creditor parts with or loses the security held by ..... a surety, moreover, will be released if the creditor, by reason of what he has done, cannot, on payment by the surety, give him the securities in exactly the same condition as they formerly stood in his hands.'' ..... 99,991 and odd and in the course of his evidence the agent of the respondent bank said that 'he did not know how the shortage occurred' and 'there was a possibility of defendants 1 to 5 taking away the goods ..... 1, the agent of the respondent bank admitted that within one month the deficit was not made up and thereafter even though the time for making up the deficit was extended, respondents 2 to 6 did not, in fact, make .....

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 ..... the materials placed clearly show that clause 14 referred to above is against public policy and contrary to section 23 of the indian contract act as well as violative of article 14 of the constitution of india for the reason that undue influence was exercised by ntpc management and the selected candidates to accept the ..... as applicable to ntpc employees and in future their services may be transferred to any project of ntpc, therefore, all the non-executive employees/appellants herein are the employees of ntpc and after disinvestment of balco, their services cannot be transferred to a private sector organization - balco on the strength of o & m agreement dated 22.05.1990 and the subsequent agreement dated 20.06.2002 entered into between ntpc and balco.ii) that their transfer to private organization amounts ..... contracts in england is mostly judge-made, the law of contracts in india is enacted in a statute, namely, the indian contract act, 1872 ..... all the employees were aware of the fact that 'bcpp' is owned by balco and ntpc is merely an agent to run the establishment for some time and not permanently.13. ..... to ntpc, it is merely an agent of balco on a specific power of ..... employment process, ntpc has not disclosed to the appellants that they are employing them for and on behalf of balco as their agent. .....

Dhanrajgirji Narsinggirji Vs. Tata Sons Limited

Court : Mumbai

Reported in : AIR1924Bom473; (1924)26BOMLR858

..... i think we agree that the circumstances of each case have to be considered in deciding what is reasonable and proper compensation for the damage caused by a breach of contract under section 73 of the indian contract act; that the court is not bound in every case to award damages on the basis of a difference between the price at the date of the contract and the market price at the date of the breach; and that the rule laid down in bain v. ..... 380, 385 and in my opinion the discretion which a court has under section 73 cannot properly be restricted by any judge-made rule that every case of a particular kind must be dealt with in a particular manner, such as the rule laid down in ..... 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 in any case beyond november ..... 158 that normally, apart from deliberate carelessness or known want of title by a vendor, a purchaser cannot recover damages for loss of his bargain under a contract for the sale of real estate, apart from costs of investigating the title but he held that the rule in india was different from that laid down in bain ..... quite true that they did not state that they were making time of the essence of the contract; and that letter cannot be taken as notice making time of the essence of the contract. .....

Shankar Nimbaji Shintre Vs. Laxman Supdu Shelke

Court : Mumbai

Reported in : AIR1940Bom161; (1940)42BOMLR175

..... it is clear from section s 124 and 125 of the indian contract act and article 83 of the indian limitation act that under a contract of indemnity the cause of action arises when the damage which the indemnity is intended to cover is suffered, and a suit brought before the actual loss had accrued ..... section 127 of the indian contract act, and contends that a contract of guarantee may be bilateral though in that case the surety may not be entitled to the benefit of section 145 of the indian contract act as against the principal debtor if the latter is not a party to that contract ..... be a contract of guarantee as defined in section 126 of the indian contract act, defendant no ..... there was no contract of guarantee as denned in section 126 of the indian contract act. ..... under section 128 of the indian contract act his liability is co-extensive with that of the principal debtor, and the cause of action accrues as soon as the latter commits a ..... indian contract act ..... it is not clear from the judgment whether the undertaking was regarded as a guarantee or a contract of indemnity, but the decretal order shows that it was treated as an agreement to make good any loss that might be caused to the plaintiffs if the sale proceeds of the mortgaged property be found ..... the plaintiffs cannot sue the appellants in anticipation that the proceeds realised by the sale of the mortgaged property would be insufficient and ..... 2 wrote,i cannot reply to your letters, ..... cannot ..... cannot ..... i cannot use the same language which you .....

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. vs. ..... this court has really failed to understand as to how the arbitrators could have at all reached at such a conclusion in the face of section 52 of the indian contract act, 1872 which provides that contract when provides the stages of performance then performances have to be in the order provided under the contract. ..... + 21 days from 5.2.200310.6.2003 the actual dates of opening of l.c.s by the petitioner on 29.8.2002, 27.2.2003 and 10.6.2003 stand modified as per and on account of co-relation with when the respondent no.1 delayed/postponed the actual dates to these later/postponed dates completed its obligations under articles 2 and 9 of the contract of giving the performance bond and the warranty bond to be taken with the aspect that the requirement of the notice/notification of readiness must be of six .....

Dhanrajgirji Narsinggirji Vs. Tata Sons Ltd.

Court : Mumbai

Reported in : 92Ind.Cas.225

..... think we agree that the circumstances of each case have to be considered in deciding what is reasonable and proper compensation for the damage caused by a breach of contract under section 73 of the indian contract act; that the court is not bound in every case to-award damages on the basis of a difference between the price at the date of the contract and the market price at the date of the breach; and that the rule laid down in bain v. ..... 1921 and in my opinion the discretion which a court has under section 73 cannot properly be restricted by any judge-made rule that every case of a particular kind must be dealt with in a particular manner, such as the rule laid down in ..... 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 beyond ..... normally, apart from deliberate carelessness or known want of title by a vendor, a purchaser cannot recover damages for loss of his bargain under a contract for the sale of real estate, apart from costs of investigating the title. ..... quite true that they did not state that they were making time of the essence of the contract; and that letter cannot be taken as notice making time of the essence of the contract. ..... has really come in the way of his fulfilling his contract with the plaintiffs, cannot be rejected. .....