Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 238 effect on agreement of misrepresentation or fraud by agent Page 1 of about 44 results (0.142 seconds)

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

Court : Mumbai

..... under clause 47 and was, therefore, barred from making such a claim. mr. andhyarujina would argue that clause 47 is void under section 28(b) of the indian contract act, 1872. section 28 of the ica runs thus: 28. agreements in restraint of legal proceedings, void. every agreement, (a) by which any party thereto is restricted absolutely ..... 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 has been held by the courts that the said section ..... approach may be sound in theory but, in practice it causes serious hardship and might even be abused. 2. 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. the .....

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

Court : Karnataka

Reported in : ILR2009KAR4028

..... stated under explanation ii to section 44a c.p.c. it is also not possible to hold that decree sustains a claim founded on breach of section 74 of the indian contract act. for these reasons, points 2 & 3 are answered in the negative.reg: point nos. 4 & 5:22. it is the contention of judgment-debtor (india ..... v. the proceedings is which judgment is obtained are opposed to principles of natural justice. the judgment sustains a claim founded on breach of section 74 of the indian contract act.vi. the witness statement stated to have been made by mr. ziaulla sheriff is a concocted document.9. sri udaya holla, learned senior counsel appearing for ..... awarded by the high court of justice, chancery division, london. the judgment awarding damages as aforesteted does not contravene provisions of section 74 of the indian contract act. the parties had entered into contract in u.k., in respect of property situate at u.k. therefore, adjudication of damages by applying english law cannot be termed as breach of .....

Sabina D'Costa Vs. Joseph Antony Noronha

Court : Karnataka

Reported in : AIR1984Kant122; 1983(1)KarLJ452

..... be obliged to return rs. 10,000/- received as advance. the 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. to the facts of the present case. in that view. i hold that there is no reason for me to interfere ..... in the caw, fateh chand v. balkishan dan, air 1969 sc 1405. '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 ..... 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. 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 .....

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

Court : Delhi

..... weeks plus 30 days to open the l.c.s. 7. it is also, at this stage, necessary to refer to and reproduce sections 51, 52 and 54 of the indian contract act, 1872 inasmuch as these provisions will be relevant to determine the issue as to whether or not it was the petitioner or the respondent no.1 who was guilty of breach ..... 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. in fact, the majority award reverses the logic on its head for the benefit of respondent no.1 herein ..... 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. saw pipes ltd., (2003) 5 scc 705. discussion on this is .....

Meenakshinada Deikshtar Vs. Murugesa Nadar and anr.

Court : Chennai

Reported in : AIR1970Mad391

..... that generally apply to restitution, penalty or liquidated damages.'7. notwithstanding 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 ..... the case of an earnest money is based on a principle completely independent of the considerations that are laid down in sections 64, 65, 73 or 74 of the indian contract act.in fact, an earnest money, belonging as it does to a class of its own, namely, that of deposit, is regulated and controlled by considerations which are ..... contentions of the parties are adverted to, it is convenient to note : [1964]1scr515 , and analyse its import. according to the supreme court, section 74 of the indian contract act made an inroad into refinements of english common law, which always maintain a marked distinction between liquidated damages and penalty. in the case of breach of .....

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

Court : Supreme Court of India

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

..... of ex. p-4 to indicate that the appellant is not entitled to invoke the provisions of s. 141 of the indian contract act. in this connection it is necessary to consider the provisions of s. 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 ..... against the principal debtor' makes it pain that even without the necessity of a transfer, the law vests those rights in the surety. 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 ..... to make up the deficit in the quantity of goods absolved the appellant of all liability under the guarantee. reference was made to s. 135 of the indian contract act which states : 'a contract between the creditor and the principal debtor, by which the creditor makes a composition with, or promises to give time to, or not to sue, the .....

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

..... void. 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. in order that such a contract should be void, it must fall under one of the relevant sections of the indian contract act. the only relevant provision in the indian contract act which can apply is section ..... in all purposes.27. 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 ..... and balco, clause 14 of the appointment letter and undertakings obtained by ntpc is illegal and is contrary to the provisions of section 23 of the indian contract act. in this connection, reliance was placed on a judgment of this court rendered in the case of central inland water transport corporation limited and anr. v .....

Allahabad Bank and anr. Vs. Mecon

Court : Jharkhand

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

..... 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 basis of norms and practice.25. the learned senior counsel for the ..... the appellant-defendant had no alternative but to deduct the bank commission from the fdrs. in this connection, learned senior counsel referred to. section 171 of the indian contract act, which is quoted hereinbelow :'171. general lien of bankers, factors, wharfingers, attorneys and policybrokers.-bankers, factors, wharfingers, attorneys of high court and policy- ..... to withhold the same as it failed to pay the charges towards bank's commission against bank guarantees by the defendant under the provision of indian contract act. the defendant being a bank is very much within its right to realize its dues. accordingly relief claimed by the plaintiff is not maintainable. .....

Dhanrajgirji Narsinggirji Vs. Tata Sons Limited

Court : Mumbai

Reported in : AIR1924Bom473; (1924)26BOMLR858

..... perusal of the judgments in bain v. forthergill, which affirmed the rule in flureau v. thornhill (1776) 2 w. bl. 1078, and the terms of section 73 of the indian contract act, it seems to me that the application of the rule is not necessarily excluded. the question must be answered on the facts and circumstances of each case whether that rule ..... not essential to decide the question as to whether the application of the english rule was necessarily excluded in india in virtue of the provisions of section 73 of the indian contract act, then macleod c.j. considered this question in ranchhod v. manmohandas i.l.r. (1907) 32 bom. 165, 9 bom. l.r. 1087, and held that section 73 imposed ..... the rule of english law laid down in bain v, fothergill (1874) l.r. 7 h.l. 158 is necessarily excluded by the terms of section 73 of the indian contract act. 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 .....

Shankar Nimbaji Shintre Vs. Laxman Supdu Shelke

Court : Mumbai

Reported in : AIR1940Bom161; (1940)42BOMLR175

..... plaintiffs' claim against defendant no. 2 must be held to be premature. 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 ..... promisor engages to save the promisee from loss caused by the conduct of the promisor himself or by the conduct of any other person (s. 124 of the indian contract act). the cause of action for a claim against the promisor accrues to the promisee when the latter is actually damnified, and his suit is governed by article 83 ..... or discharge his liability to the creditor and the promise of the guarantor or surety is conditional on the default of that third party. 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, so that under .....