Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 238 effect on agreement of misrepresentation or fraud by agent Page 2 of about 44 results (1.325 seconds)

Miss Moselle Solomon Vs. MartIn and Co.

Court : Kolkata

Reported in : 163Ind.Cas.331

..... , lord halsbury at p. 14. page of (1904) a.c.--[ed.]25. there remains to be decided the question whether the second defendant is liable under section 70 of the indian contract act and to what extent.26. the remedy provided by this section is not dependant upon the law relating to the liabilities of principal and agent. it is an independent remedy ..... enable a promisee to sue one or more of his joint promisors severally in two or more suits.18. with this decisional respectfully agree. under the indian contract act, as in english law, the liability under a joint contract is joint, and not joint and several, and gives rise to only one cause of action. as soon as judgment is given in respect of ..... .w.n. 832 : a.i.r. 1923 p.c. 136 : 4 c.w.n. 1 : 25 l.w. 163 (p.c.), but as that case was not based on the indian contract act, it is not clear that it is an authority on which we can base a decision in india. the present case comes under section 233 of the .....

Dhanrajgirji Narsinggirji Vs. Tata Sons Ltd.

Court : Mumbai

Reported in : 92Ind.Cas.225

..... : 23 w.r. 261 which affirmed the rule in flureau v. thornhill (1776) 2 w.m. bl. 1078 : 96 e.r. 635 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, (unconsidered this question in ranchhod bhawan v. manmohandas ramji 32 b. 165 : 9 bom. l.r. 1087 and held that section 73 imposed no exception on the ordinary ..... . fothergill (1874) 7 h.l. 158 : 43 l.j. ex. 243 : 31 l.t. 387 : 23 w.r. 261 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 .....

State Bank of India Vs. Moti Thawardas Dadlani and ors.

Court : Mumbai

Reported in : (2007)109BOMLR483

..... which the person indemnified might have protected himself against or reimbursed himself for the loss.the indian contract act, ix of 1872, section 141, applies this principle to the contract of suretyship: but sections 124 and 125. which deal with the contract of indemnity, are silent on this point only the rights of the promisee are slated ..... aspect too is not dealt with in the indian contract act. it obviously cannot be dealt with by the indian contract act as, as observed earlier, the right of subrogation in respect of a contract of indemnity is. itself not dealt with in the indian contract act.120. section 140 of the contract act reads as under:section 140 rights of surety ..... indemnity-holder has other rights besides those mentioned in section 125.115. the rights of the indemnifier have not been exhaustively dealt with in the indian contract act. the rights conferred on a surety under section 141 have not been conferred expressly on an indemnifier. section 141 reads as under:141. surety's .....

M/s. Visakha Petroleum Products Pvt. Ltd. Vs. B.L. Bansal, Sole Arbitr ...

Court : Mumbai

..... the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to that extent. amendment to section 28 of the indian contract act, 1872 reads thus:- section 28. agreements in restraint of legal proceedings void : every agreement, -- (a) by which any party thereto is restricted absolutely from enforcing ..... was barred by law of limitation. the petitioner stood discharged of its liability accordingly which was much prior to the amendment to section 28 of the indian contract act, 1872. learned counsel distinguished the judgments of the supreme court relied upon by the respondent no.2. it is submitted that since the liability of the ..... april 2012 in fao(os) 382 of 2007. 20. learned counsel placed reliance on the objects and reasons of amendment to section 28 of the indian contract act, 1872 in support of the submission that the said amendment was made effective with retrospective effect. learned counsel also placed reliance on the ninety-seventh report of .....

P.L. Raju Vs. Dr. Nandan Singh

Court : Andhra Pradesh

Reported in : 2005(5)ALD402

..... issued by the income-tax department before the crucial date.'in makkala narsimlu v. gunala raghunandan rao, : air1977ap374 , the division bench while dealing with sections 73 and 74 of the indian contract act 1872 held:'sri g.v.r. mohan rao for the appellant raises three contentions. the first contention is in regard to rs. 2,000 allowed by our learned brother by way ..... . v. jaipur traders corporation pvt., ltd., : [2002]3scr445 . in hindustan construction contractors v. state of maharashtra, : [1979]2scr1147 , sections 55 and 74 of the indian contract act 1872 and the aspect of whether the time would be the essence of contract and the mode of determination thereof had been discussed. a division bench of allahabad high court in de.smet (india) pvt. ltd. v. b .....

Natesa Aiyar and anr. Vs. Appavu Padayachi and anr.

Court : Chennai

Reported in : (1915)ILR38Mad178

..... way of penalty.38. as i said in the beginning, i find it difficult to hold that no principle was laid down by any of the sections of the indian contract act which could be applied to stipulations for forfeiture of deposit money except the general principle that the bargain between the parties must be strictly enforced. sections 64 and 65 of ..... that in a question such as this it was not the intention of the legislature to depart from what was understood to be the english law at the time the indian contract act was passed. it is also to be observed, as wallis, j., points out, that though several cases as to the right to recover deposits have been decided in ..... , again, in my opinion, does not affect the question we have to decide.4. i agree that the question must be determined with reference to the provisions of the indian contract act and that if they are in conflict with the english law as laid down in the english authorities, we must follow the statute.5. i think, however, it may safely .....

Union of India (Uoi) Through Textile Commissioner Vs. Bhagwati Cottons ...

Court : Mumbai

Reported in : 2008(3)ALLMR63; IV(2008)BC73; 2008(5)BomCR909; 2008(2)CTLJ180(Bom)

..... stood relieved and discharged from all their liabilities. according to the defendant no. 2 bank, the plaintiffs were ill-advised to rely on section 28 of the indian contract act, 1872 which amendment had no impact on the contractual obligation qua the defendant no. 2 bank. on the basis of the pleadings of the plaintiffs and defendant no. ..... 2 stood discharged of the liabilities under the said guarantees.38. this stand, however, is refuted by the plaintiffs relying on the amended section 28 of the indian contract act, 1872. according to the plaintiffs, by virtue of the said amendment, it is no longer open to the defendant bank to contend to the contrary.39. before i ..... may be sound in theory but, in practice, it caused 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 .....

Central Inland Water Transport Corporation Limited and anr. Vs. Brojo ...

Court : Supreme Court of India

Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC)

..... a declaration that clause (1) of rule 9 of the 'service, discipline & appeal rules - 1979' of the central inland water transport corporation limited is void under section 23 of the indian contract act, 1872, as being opposed to public policy and is also ultra vires article 14 of the constitution to the extent that it confers upon the corporation the right to terminate the ..... was supported by mutuality inasmuch as it conferred an equal right upon both parties to terminate the contract of employment, that the grounds which render an agreement void and unenforceable are set out in the indian contract act, 1872 (act no. ix of 1872), that unconsionability was not mentioned in the indian contract act as one of the grounds which invalidates an agreement, that the power conferred by rule 9 .....

Mahendrakumar Chandulal Vs. Central Bank of India

Court : Gujarat

Reported in : (1984)1GLR237

..... shows that there are binding decisions of division bench of equal strength which have taken inconsistent views regarding the group of sections dealing with bailment of the indian contract act, 1872 and the supreme court has not so far resolved the said controversy so as to declare that view expressed in the aforesaid case of official assignee bombay ..... shipping company to protect itself by a clause inserted in the bill of lading from liability for the negligence of its servants notwithstanding section 151 of the indian contract act, 1872. this is also a division bench judgment wherein on the point under consideration, it has been observed as under:there is a further point as to ..... delivered to the administration to be carried by railway shall, subject to the other provisions of the act, be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872. under section 151 of the indian contract act, the bailee is bound to take such care of the goods bailed to him as a man .....

The Official Assignee Vs. Madholal Sindhu

Court : Mumbai

Reported in : AIR1947Bom217; (1946)48BOMLR828

..... pledgee of mr. nissim. the answer to this question must depend on the position with regard to the bank's power of sale.56. the indian contract act of 1872 applies to all contracts in india and with regard to a pawn is a codification of the english common law. speaking of the common law right to sell mr. justice ..... marked contrast between the two; while one protects the innocent purchaser, the other does not do so. in the absence of any provision in section 176 of the indian contract act in favour of the innocent purchaser, to import such protection from the provisions of another statute is, again, with respect, wholly fallacious and unjustifiable.82. in johnson ..... to question 4 and involves the allegation that mr. nissim waived any notice which it is incumbent upon the bank to give under section 176 of the indian contract act.22. the sixth question is with reference to an allegation that the official assignee is estopped from disputing that the plaintiff is the absolute owner of the shares .....