Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 28 agreements in restraint of legal proceedings void Page 1 of about 431 results (0.115 seconds)

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 .....

Cox And Kings Ltd. Vs. Sap India Pvt. Ltd.

Court : Supreme Court of India

..... of any law in force for the time being as to references to arbitration. 10 section 2(h) of the indian contract act, 1872 reads: (h) an agreement enforceable by law is a contract; 11 section 2(e), indian contract act 1872 reads: (e) every promise and every set of promises, forming the consideration for each other, is an agreement; ..... attached to the office referred to in explanation i or whether or not such office is attached to a particular place. 8 hereinafter the contract act . the relevant portion of section 28, indian contract act, 1872 reads: 28. agreements in restraint of legal proceedings, void. every agreement, (a) by which any party thereto is restricted absolutely from ..... or not. the use of the phrase whether contractual or not qualifies the dispute, not the agreement; an arbitration agreement must always be a contract, but 13 section 2(d), indian contract act 1872 reads: (d) when, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or .....

World Sport Group (Mauritius) Ltd. Vs. Msm Satellite(Singapore) Pte. L ...

Court : Supreme Court of India

..... of the high court, therefore, that clause 9 of the facilitation deed is opposed to public policy and is void under sections 23 and 28 of the indian contract act, 1872 is clearly erroneous.32. the division bench of the high court has also held that as allegations of fraud and serious malpractices on the part of the appellant ..... submitted that the bombay high court thus appears to have held that clause 9 is opposed to public policy and, in particular, sections 23 and 28 of the indian contract act, 1872. he submitted that in any case the arbitration agreement contained in clause 9 of the facilitation deed cannot be held to be opposed to public policy and void ..... under sections 23 and 28 of the indian contract act, 1872. this will be clear from exception 1 of section 28 of the indian contract act, 1872, which says that the section shall not render illegal a contract, by which two or more persons agree that any dispute which may arise between them in .....

Jes & Ben Groupo Pvt. Ltd. & Ors. Vs.hell Energy Magyarorzag Kft. (Hel ...

Court : Delhi

..... of the high court, therefore, that clause 9 of the facilitation deed is opposed to public policy and is void under sections 23 and 28 of the indian contract act, 1872 is clearly erroneous." 13. the plaintiffs have laid much emphasis on the allegations of fraud and i.a. 8948/2019 in cs(comm) 257/2019 page ..... challenged the validity of the arbitration agreement on the ground that it is contrary to the public policy of india. in view of section 28 of the indian contract act, 1872, the agreement is void and the arbitration agreement is wrongfully supportive in favour of the defendants in terms of geography, language and laws and the same cannot ..... invites evaluation of the grounds urged by the plaintiffs in opposition to the application. plaintiffs counsel referring to section 28 of the indian contract act, 1872 contended that the law does not allow parties to make contracts whereby they bargain in advance, the right not to resort to the courts for the protection of their rights and determination .....

JSW Steel Ltd. Vs. AI Ghuriar Iron and Steel LLC

Court : Mumbai

..... 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 ..... law. the sor 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 ..... herein, the respondent contended as a question of law that such an agreement would be void as being in restraint of legal proceedings under section 28 of the indian contract act, 1872 which runs thus: 28. agreements in restraint of legal proceedings, void. [every agreement,- (a) by which any party thereto is restricted absolutely from enforcing his .....

Msm Satellite (Singapore) Pte Ltd. and ors. Vs. World Sport Group (Mau ...

Court : Mumbai

..... getting back the same from defendant- mauritius company.22. mr. dave submitted that the appellant-plaintiff (sony) also invokes the provisions of section 23 of the indian contract act, 1872 and submits that the very agreement dated 25th march, 2009 under which the respondent- mauritius company was to be paid rs.425 crores for the so called " ..... by either party and such a situation cannot be properly gone into by the arbitrator. the reason for this appears to be obvious.41. section 28 of the indian contract act, 1872 reads thus :"28. agreements in restraint of legal proceedings, void. - every agreement -(a) by which any party thereto is restricted absolutely from enforcing his ..... this expression, the judges must look beyond the narrow fields of past precedents. therefore, the object in inserting section 23 and section 28 in the indian contract act, 1872 from which assistance could be drawn, appears to be that a stipulation that no action should be brought in a court of law for enforcing the rights .....

In Re Interplay Between Arbitration Agreements Under The Arbitration A ...

Court : Supreme Court of India

..... , the indian contract act, 1872. 34 sections 26 and 27, the indian contract act, 1872. 35 section 30, the indian contract act, 1872. 36 section 29, the indian contract act, 1872. 37 section 28, the indian contract act, 1872. 38 section 13, the indian contract act, 1872. 39 section 14, the indian contract act, 1872. 40 section 15, the indian contract act, 1872. 41 section 16, the indian contract act, 1872. 42 section 17, the indian contract act, 1872. 43 section 18, the indian contract act, 1872. 44 section 19, the indian contract act, 1872. 45 section 19a, the indian contract act, 1872. 46 section 21, the indian contract act, 1872. 47 section 22, the indian contract act, 1872. curative .....

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 .....

The Oriental Insurance Company Limited, United India Building 4th Floo ...

Court : Chennai

Reported in : AIR2001Mad489

..... condition in the policy is valid and acceptable. before considering the decision of the supreme court, it is useful to refer the unamended section 28 of the indian contract act, 1872, which stood as on the relevant date:-'28. agreement in restraint of legal proceedings void, -every agreement, by which any party thereto is reslricted absolutely ..... , learned counsel appearing for the respondent/plaintiff, by drawing our attention to amended section 28 of the indian contract act, 1872, would contend that condition no.19 of the policy is void. he also brought to our notice the amendment act i of 1997 published in the gazette of india, extraordinary, part ii, section 2 dated 8.1 ..... to reference to arbitration.' with reference to the condition of the policy providing shorter period than the period prescribed by law, namely, section 28 of the indian contract act, the supreme court in the above decision has held thus:- (para. 17)'17. from the case law referred to above the legal position that emerges .....

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 .....