Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 229 consequences of notice given to agent Court: madhya pradesh Page 1 of about 6 results (0.110 seconds)

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

Court : Madhya Pradesh

Reported in : AIR1963MP323

..... learned judges constituting the full bench would accordingly assist us in out conclusion that if unlawfulness or 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 illegality would render the provisions of section 23 of the indian contract act nugatory. ..... case of air 1954 sc 500 (supra) on the basis of which the learned judges held that any matter collateral to the forward contract which might be illegal as being prohibited by the provisions of the control order of 1945 would be enforceable in a court of law, as it would be on the basis of rights and liabilities of a principal and agent under section 222 of the contract act. ..... consequently, we would affirm the same, although it may be unnecessary in view of the fact that the appellant's suit is liable to be dismissed on the ground that the contract being illegal on account of unlawful consideration, he ..... the trial judge upon the material on record was a legally plausible view and there is no occasion to reverse the findings of the trial judge which have been given after due consideration of the material on record. ..... 781 (supra), which settles the controversy once for all, was not brought to the notice of the learned judges. .....

Union of India (Uoi) Vs. Shantilal Nanchand Jain

Court : Madhya Pradesh

Reported in : AIR1957MP192

..... so long as the period of the goods remaining in the railway premises free of these charges is concerned, the railway obviously retains the goods in pursuance of the original contract of carriage and is, therefore, bound to take the amount of care of the goods as is prescribed under section 151 of the indian contract act.thereafter, it is bound to do so as a warehouseman until the goods are disposed of as unclaimed goods under para. ix, ch. ..... 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. ..... the responsibility of a railway in india, however, is limited under section 72 of the indian railways act to that of a bailee under sections 151, 152 and 161 of the indian contract act and is not governed by the common law of england or the carriers act, 1865.8. ..... 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. ..... 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 they were bailed has expired, or the purpose for which they .....

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

Court : Madhya Pradesh

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

..... 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 ..... further pursuit, he has placed reliance on section 41 of the indian contract act, 1872, and on union of india v. ..... the judgment-debtors confronted with liability under the money decree, have filed this revision petition under section 115 of the civil procedure code, 1908 (for short 'the code'), against the order dated may 1, 1992, passed by the executing court (sixth additional judge to the court of the district judge, indore) in ..... executing court said a monosyllabic 'no' to the objections, on the ground of absence of 'privity of contract' between them and the corporation and the absence of such a fetter in the decree.2. ..... consul 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. ..... the scope of interference under this section, as held in managing director, hindustan aeronautics ltd. ..... hence, no application under section 47 read with section 151 of the code could properly lie, on this point in the execution ..... application was filed under section 47read with section 151 of the code. ..... thereby rejecting their objections under section 47 read with section 151 of the code. ..... also does not seem to fall under (a)or (b) of the proviso to section 115 of the code. .....

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

..... 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 course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it but such compensation will not be given for any remote and indirect ..... section 146 of the code provides that tehsildar or naib-tehsildar may cause a notice of demand to be served on any defaulter before the issue of any process under section 147 for the recovery of an arrear and section 147 of the code mentions the different processes by which arrear of land revenue payable to the government may be recovered by the tehsildar. ..... in respect of any matter, he may within 28 days after receiving notice of such decision refer such dispute to the arbitration tribunal constituted under the adhiniyam. ..... in respect of any matter, he may within 28 days after receiving notice of such decision may refer such dispute to the arbitration tribunal constituted under the madhya pradesh madhyastham adhikaran adhiniyam, 1982 (no. .....

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

Court : Madhya Pradesh

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

..... 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. ..... the contention raised in the bar that a contract of employment would not be governed by the indian contract act. ..... once such a notice is given it merely has to be accepted ..... the principles which are really applicable to the case at hand are whether there has been a concluded contract so as to debar the petitioner to withdraw his letter of voluntary retirement and whether by such acceptance by the management, the locus poenitentiae of the employer ..... it is urged in the petition that the acceptance by the management does clearly project that such acceptance is from the future date and by such an act the management has curtailed the right of the employee seeking withdrawal of his voluntary retirement thereby excising the jural relationship of employer and employee though the same had ..... such a view would mean that even though a member had given a notice for voluntary retirement stopped attending office and/or gone away abroad and/or taken up some other employment after a number of years of absence the member could claim to come 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. ..... consequently, it could not be legitimately contended by the appellants that there was any cessation of the relationship of master and servant between the department and the respondent .....

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

Court : Madhya Pradesh

..... 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 ..... reverting to question no.20, according to the petitioners.the correct answer is it is enforceable by law as provided in section 2(h) of the indian contract act. ..... under indian contract act, when does an agreement becomes a contract ?. ..... this submission is founded on some reserve bank of india circular dated 1.4.2012; whereas question no.72 is founded on section 138 of the negotiable instruments act, 1881, which plainly provides that the dishonour of cheque for insufficiency of funds in the account can be the cause for criminal action provided the cheque has been presented to the bank within a period of six ..... according to the petitioners the correct answer ought to be occupancy tenant in view of the definition of occupancy tenant stipulated in section 185 of the m.p.land 3 writ petition no.21874/2013 writ petition no.21969/2013 revenue code, 1959. ..... i) it is enforceable by law, ii) it is between parties competent to contract, iii) it is by the free consent of parties, and iv) all of the ..... that is with reference to section 158(d)(i) of the code of ..... four options have been given against this question, viz ..... those factors are valid requirements to constitute a legally enforceable contract. ..... four options have been provided, one of the option which is the model answer given is bhumiswami . .....

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

Court : Madhya Pradesh

Reported in : I(2008)BC546

..... 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 contract, it would be proper to take note of various provisions of the agreement ..... therefore, in view of section 74 of the contract act and the principles laid down by the supreme court, the party to a contract taxing security deposit from the other party to ensure due performance is not entitled to forfeit the deposit on ground of default when no loss is caused to him on consequence of such default. ..... 2 to 5 were entitled to direct inquiry into the matter and as the petitioner was trying to avoid the inquiry and wanted to run away for the same only to avoid the penal consequences, respondents were right in not accepting or refusing the offer of surrender submitted on 6.11.2006 under clause 34(1)(ii), accordingly in the facts and circumstances it has to be held that in refusing the request made by petitioner vide letter dated 6.11.2006 ..... from the procedure that was followed by the respondents as indicated hereinabove it is clear that a show-cause notice was issued to the petitioner, he was given opportunity of hearing and the procedure followed in the matter cannot be termed as illegal or arbitrary in any manner whatsoever, accordingly the second question formulated in the matter has to be answered by holding that in the facts and circumstances of .....

Leela Bai Vs. Ganpati and Another

Court : Madhya Pradesh

..... 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, ..... parties was valid for the amount of maintenance and payment of maintenance but, the condition 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. ..... the increase in the income of her husband or increase in her expenditure or on the basis of any other reason and therefore, after passing the order under section 125 of the cr.p.c there is a provision of law for enhancement of the maintenance amount. ..... in the order dated 14.11.1996, the applicant was not bound to move the application under section 127 of the cr.p.c and she could file an application under section 125 of the cr.p.c with help of provision under section 127 of the cr.p.c. 10. ..... the jmfc, multai found that the evidence given by the respondent/witnesses was not trustworthy and therefore, a maintenance of rs.1000/- was granted whereas, the revisionary court found that when a lump sum maintenance was granted to the applicant ..... a compromise took place between the parties and on the basis of that compromise, on 14.11.1996 the case was disposed off before the lok adalat and a lump sum payment of rs.18,000/- was given to the applicant as maintenance. .....

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

Court : Madhya Pradesh

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

..... 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. ..... thus, one can safely say that the substantive provision contained in section 16(c) of the act does not insist upon a particular set of words, the averment must, in substance, indicate the continuous readiness and willingness of the plaintiff to perform his part of the contract for sale of property from the date of agreement till the ..... had this been the real need, the defendants might have incorporated the term in the agreement, could have replied in the reply to the notice of the plaintiffs and at the initial stage should have incorporated the fact in the written statement, but despite full and complete knowledge, thereof, have failed ..... the appellate court should permit the finding of fact rendered by the trial court to prevail unless it clearly appears that some special feature about the evidence of a particular witness has escaped the notice of the trial court or there is sufficient balance of improbability to displace its opinion as to where the credibility lies.20. ..... not serve any notice on plaintiffs that since plaintiffs did not get executed the sale deed within the specified time, the contract has come to ..... appearing and getting the sale deed executed they replied the notice and rescinded the contract. ..... reply to plaintiffs notice the defendants did not ..... thereafter, a written notice was served by the plaintiffs .....

Om Prakash Vs. Gordhan and ors.

Court : Madhya Pradesh

Reported in : 2006(2)MPLJ497

..... of such partner and even public notice is not given, then the retiring partner cannot escape from his liability as a partner for the acts of commission or omission done by the remaining partners after his retirement provided they would have been acts of the firm if done before retirement.the division bench further held as under after analyzing the provisions of sections 32(5) and 45 of the partnership act and the earlier provision of the indian contract act:- section 32(3) therefore enacts a liability on the ..... (1) notwithstanding the dissolution of a firm, the partners continue to be liable as such a third parties for any act done by any of them which would have been an act of the firm if done before the dissolution, until public notice is given of the dissolution.it is clear from the aforesaid section that the partners continued to be liable to the act of the firm after dissolution of a firm to third parties if, no public notice is published for dissolution.the division bench of kerala high court in the case of c. ..... xi of the indian contract act which contained provisions relating to the law of partnership ..... in : air1990ker157 has held as under:section 45(1) provides that notwithstanding the dissolution of a firm, the partners continue to be liable as such to third parties for any act done by any of them which would have been an act of the firm if done before the dissolution until public notice is given of the dissolution. ..... consequently, i do not find any merit in this appeal .....