Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 229 consequences of notice given to agent Page 1 of about 416 results (0.255 seconds)

SharfudIn Valad TajudIn and ors., Heirs of the Deceased TajudIn Vs. Go ...

Court : Mumbai

Reported in : (1904)ILR27Bom294

..... under section 3 of the transfer of property act (iv of 1882) a person is said to have 'notice' of a fact when he actually knows that fact, or when but for wilful abstention from an inquiry or search which he ought; to have made, or gross negligence, he would have known it, or when information of the fact is given to or obtained by his agent, under the circumstances mentioned in the indian contract act, 1872, section ..... it is contended that these exhibits 57 to 59 required more proof than had been adduced, and could not be accepted merely on the ground of their alleged antiquity and of their production by defendants 2--6; that section 90 of the indian evidence act, 1872, was therefore inapplicable to them, and that under the ruling in uggrakant chowdhry v. ..... these decisions was passed only a few days after the present evidence act of 1872 came into force, makes no reference to that enactment and refers to the rule relating to ancient documents as one of english law to be applied subject to conditions and precautions which are suggested in english text books, such as pitt taylor and phillips, and which have not boon embodied in section 90 of the modern indian evidence act. ..... j.: these questions of notice and of the effect of notice are some of the most difficult questions which a court of equity has to deal with, and i cannot help feeling that we must be very careful not to strain the doctrine of notice too far and to make it involve consequences of liability to persons who may .....

Kausalai Ammal Vs. Sankaramuthiah Pillai

Court : Chennai

Reported in : AIR1941Mad707; (1941)1MLJ815

..... in 1926 the definition of notice given in section 3 of the transfer of property act read as follows:a person is said to have notice of a fact when he actually knows that fact or when, but for wilful abstention from an inquiry or search which he ought to have made, or gross negligence, he would have known it, or when information of the fact is given to or obtained by his agent under the circumstances mentioned in the indian contract act, 1872, section 229.7. ..... section 39 of the transfer of property act, as it stood at the time of the mortgage, read as follows:where a third person has a right to receive maintenance or a provision for advancement or marriage from the profits of immovable property, and such property is transferred with the intention of defeating such right, the right may be enforced against the transferee if he has notice of such intention or if the transfer is gratuitous; but not against a transferee for consideration and without notice of the right, nor ..... in 1929 the section was amended to read as follows:where a third person has a right to receive maintenance or a provision for advancement or marriage from the profits of immovable property, and such property is transferred the right may be enforced against the transferee, if he has notice thereof or if the transfer is gratuitous; but not against a transferee for consideration and without notice of the right, nor against such property in his hands.5 ..... consequently it must take priority of the appellant's charge.8. .....

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

Court : Mumbai

..... it may be mentioned that the claim for damages upon the breach of contract and the claim for compensation where the penalty is stipulated is covered in chapter vi of the indian contract act, 1872 which deals with the consequences of breach of contract. ..... 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. ..... in fact under the 3rd part of section 55 even after the extended period of time, compensation can be claimed once notice is given. 86. ..... chandra mohan chopra, air 1971 rajasthan 229 (v 58 c 50) which was of a similar contract, such clause was interpreted. ..... 229. .....

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 ..... 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 nature of penalty. ..... the indian law of contracts, in particular section 74 of the indian contract act does not recognise levy of penalty for breach of contract therefore, the decree is contrary to the law in india ..... balkishan dass), would submit that under section 74 of the indian contract act, if there is a covenant for forfeiture of earnest money for breach of contract, that would be by way of ..... , decree under execution sustains a claim, contrary to section 74 of the indian contract act and it is not enforceable in india.17. ..... is also not possible to hold that decree sustains a claim founded on breach of section 74 of the indian contract act. ..... judgment awarding damages as aforesteted does not contravene provisions of section 74 of the indian contract act. ..... though india builders are not present or represented at this hearing, it seems clear to me beyond doubt that they have been given notice of it i refer in particular to the two witness statements of mr. ..... breach of contract being in my judgment crystal clear, what are the consequences? .....

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 ..... 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 the breach. ..... money or money given for the due performance of the contract or whether it is only ..... advocate appearing for the appellant submitted that the entire document should be perused to find out whether the parties intended that rs, 10,000/- should be considered as earnest money in the sense that it was given as security for the due performance of the contract or merely its an advance towards sale consideration. ..... only an advance out of the sale consideration that was given by the plaintiff to the defendant. .....

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

Court : Delhi

..... as per section 52 of the indian contract act, 1872 as reproduced above, once the order of reciprocal promises to be performed are expressly fixed by the contract, they are to be performed in the order to be fixed by the contract, and hence the performance bond to be given by the respondent no.1 under article 2.1 of the contract would be a condition precedent to the respondent no.1 giving the notification of readiness under articles 4.2 and 7.2 of the contract. ..... stages giving of these bonds were at specific prior stages, however in the same majority award, it is held that giving of letters of credit was a condition precedent as it was a prior stage before claiming of timely deliveries and that consequently respondent no.1 was justified not to perform its contract of making deliveries on time on the ground that earlier requirement of giving of letters of credit by the petitioner was not complied with. ..... 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 weeks before the anticipated date of delivery as per articles 4.2 and 7.2 of the .....

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 ..... 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 ..... to pay the amount due to the bank in the said account and the goods pledged with the bank were consequently sold with notice to the said respondents and the proceeds were credited to the account of the respondents. ..... indian contract act has limited the surety's right to securities held by the creditor at the date of his becoming surety and has modified the english rule that the surety is entitled to the securities given to the creditor both before and after the contract ..... 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 ..... 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, .....

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

..... contracts in england is mostly judge-made, the law of contracts in india is enacted in a statute, namely, the indian contract act, 1872. ..... 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 terms ..... 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. ..... in cases where such transfer is not found possible, balco shall be responsible for all consequent liabilities including retrenchment compensation, if any.at the end of plant life, balco shall be responsible for all liabilities ..... contracts will not fall within the four corners of the definition of 'undue influence' given in section ..... that 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. ..... it is brought to our notice that the appointments of 236 employees are made prior to 22.05.1990 and at the time of recruitment and appointment by ntpc, no agreement between ntpc and balco was in existence empowering ntpc to make recruitment and .....

Dhanrajgirji Narsinggirji Vs. Tata Sons Limited

Court : Mumbai

Reported in : AIR1924Bom473; (1924)26BOMLR858

..... but 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. ..... but that 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 plaintiffs, which is to be taken into account, but the market price of the property on the date of the breach. ..... but the terms of the letter of november 8 are very clear, and the whole question is whether on november 8 the plaintiffs were justified in making time of the essence of the contract, and whether the notice given by them is reasonable under the circumstances. ..... in fact before any investigation of the title took place, the plaintiffs also realised that the contract could not be put through unless this difficulty which arose in consequence of the claim by dr. ..... the defendent denied having broken the contract, and in effect contended that he had a good title to the property which he was always ready and willing to convey to the plaintiffs, and that the difficulty which arose in consequence of a suit filed by one dr. .....

Shankar Nimbaji Shintre Vs. Laxman Supdu Shelke

Court : Mumbai

Reported in : AIR1940Bom161; (1940)42BOMLR175

..... given to the plaintiffs there was no contract of guarantee as denned in section 126 of the indian contract act ..... 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 ..... 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 must be ..... to be a contract of guarantee as defined in section 126 of the indian contract act, defendant no. ..... 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 default, ..... indian contract act ..... from this that they can hold the appellants responsible only for the loss suffered by them in consequence of that transaction, and in fact they have not claimed anything more from them in this ..... 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 to be .....