Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 28 agreements in restraint of legal proceedings void Court: delhi Page 5 of about 118 results (0.144 seconds)

Jitender Kumar vs.vijender Kumar

Court : Delhi

..... fact, besides to sell. (ii)an agreement to sell is a contract between the parties and contracts between the parties are subject matter of the indian contract act, 1872. the effect of breach of contract is provided under section 73 of the indian contract act. if there is a breach of contract then an aggrieved party is entitled to monetary damages as per section ..... 73 of rfa no.275/2014 page 11 of 22 in the seller, suit being the proposed the indian contract act and which ..... the court will not grant specific performance but instead may only grant damages with the measure of damages being those as provided in section 73 of the indian contract act. this aspect has been considered by this court in detail in the judgment in the case of rfa no.275/2014 page 12 of 22 jinesh .....

Raj Rani vs.prafulla Kumar

Court : Delhi

..... vested in the court as per section 20 of the specific relief act. (ii) an agreement to sell is a contract between the parties and contracts between the parties are subject matter of the indian contract act, 1872. the effect of breach of contract is provided under section 73 of the indian contract act. if there is a breach of contract then an aggrieved party is entitled to monetary damages as per ..... section 73 of the indian contract act and which monetary damages is the amount of loss .....

Gayatri Gupta vs.ruby Sharma & Ors.

Court : Delhi

..... vested in the court as per section 20 of the specific relief act. (ii) an agreement to sell is a contract between the parties and contracts between the parties are subject matter of the indian contract act, 1872. the effect of breach of contract is provided under section 73 of the indian contract act. if there is a breach of contract then an aggrieved party is entitled to monetary damages as per ..... section 73 of the indian contract act and which monetary damages is the amount of loss .....

Tribal Co-operative Marketing Development Federation of India Vs. Sidd ...

Court : Delhi

Reported in : 149(2008)DLT723; 2008(101)DRJ540; [2008(118)FLR45]; (2008)IIILLJ883Del

..... process shall take place at various levels of the banks....64. once it is held that the provisions of the indian contract act, 1872 would be applicable, the scheme admittedly being contractual in nature, the provisions of the act shall apply. the scheme having regard to its provisions as noticed hereinbefore would merely constitute invitation to treat and not ..... retirement and, thereforee, there could not have been any withdrawal of such an offer of a stipulation and of a concluded contract, which could have only been in accordance with the provisions of the indian contract act.16. counsel appearing for the respondent however, submitted before us that as per clause 4 of the circular dated 24th july, ..... individually but the question which has to be posed and answered is as to whether having regard to the service jurisprudence: the principles. of indian contract act would be applicable in the instant case. it is the specific case of the 'banks' that the schemes had been floated by way of .....

Delhi Airport Metro Express Pvt. Ltd. Vs. Caf India Pvt. Ltd. and anr.

Court : Delhi

..... proceedings, including arbitration can only be held in india and in no other country.14. it is also submitted that section 23 of the indian contract act, 1872 specifically prohibits the agreements/contracts entered into by any indian party of which the object is unlawful. since the arbitration clause would circumvent the laws of india and defeat the provisions of law, and also ..... principal, or entitle the principal to recover anything from the surety on account of payments made by the principal. 48. from the reading of section 43 of the indian contract act, 1872 it can be seen that legally it is permissible that there can be two or more persons who make a joint promise and in the absence of the any ..... agreement is joint and several as per the provisions of the section 43.49. it is well settled principle of law that section 43 of the indian contract act, 1872 is a departure from the english law which is that in case of the joint promisors giving a common promise to perform to the promisee .....

Rani Constructions Pvt. Ltd. Vs. Pati-bel J.V. and anr.

Court : Delhi

Reported in : III(2006)BC554; 2006(1)CTLJ448(Del); 129(2006)DLT38; 2006(88)DRJ291; (2006)144PLR24

..... would, thereforee, be governed by the statutory provisions. the common law principles as applicable in england or in the usa which have been imported into the indian legal system after the indian contract act, 1872 would only supplement it and not supplant it. this, i am afraid, is often lost sight of when considering the question of injunction of bank ..... defendant no. 1 and the plaintiff, i.e., between the creditor and the principal debtor even to the limited extent permissible under section 134 of the indian contract act, 1872. another important circumstance is that the guarantee itself reveals that the bank is liable to pay on the first demand without the bank having any right ..... , upon construing the third paragraph of the bank guarantees, one finds that the bank has even waived its right under section 133 of the indian contract act, 1872. the third paragraph of the bank guarantees provides that the bank agrees that no change or addition to or other modification of the terms of the .....

Wipro Limited Vs. Beckman Coulter International S.A.

Court : Delhi

Reported in : 2006(3)ARBLR118(Delhi); 2006(2)CTLJ57(Del); 131(2006)DLT681

..... raj chopra and anr. v. shri narendra anand and ors. : 1991(21)drj53 .25. before considering the case law on the subject of section 27 of the indian contract act, 1872, it would be instructive to have another look at the said non-solicitation clause. a reading of the clause indicates that it has two components. the first component deals ..... in operation, but that agreement did not contain a non-solicitation clause. fourthly, he mentioned that any restraint on employment would be vocative of section 27 of the indian contract act, 1872 and that the ratio of the decision in the case of pepsi foods ltd and ors. v. bharat coca-cola holdings pvt. ltd and ors. : ( ..... with any other competitor, supplier or customer of the other party, would be hit by section 27 of the indian contract act as being in restraint of the trade, business or lawful profession. section 27 of the indian contract act, 1872 reads as under:27. agreement in restraint of trade, void.every agreement by which any one is restrained from .....

Pure Pharma Limited Vs. Union of India (Uoi)

Court : Delhi

Reported in : 2008(3)ARBLR57(Delhi); 2008(105)DRJ194

..... a case the party complaining of the breach would be entitled to reasonable compensation not exceeding the penalty stipulated. while considering the provisions of section 74 of the indian contract act, 1872, the supreme court, in fateh chand (supra) observed that although proof of 'actual loss or damage' was dispensed with, there must, however, be ..... for liquidated damages and a stipulation which was in the nature of penalty, were sought to be eliminated by the introduction of section 74 of the indian contract act, 1872. it was also noted that at common law, genuine pre-estimate of damages by mutual agreement was regarded as a stipulation naming liquidated damages and ..... be precluded from considering recent decisions. she also submitted that the ground raised by the petitioner on the basis of provisions of section 55 of the indian contract act, 1872, had been adequately dealt with by the learned arbitrator in the said award. with regard to the third and main ground raised by mr. khorana, .....

Atul R. Aggarwal Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2001)78ITD343(Delhi)

..... assesses, time is made essence of the agreement then promiser viz. acharya arundev was expected to fulfil the part of contract and in case he failed, necessary consequences as provided under section 55 of the indian contract act. 1872 shall apply and according to that an agreement is voidable at the option of promisee viz., dev kumar aggarwal on ..... -1990 otherwise agreement will come to an end. it is nothing but exercise of option given under section 55 of indian contract act to promisee that contract became voidable in view of non-performance of his part of contract by acharya arundev. once that option was utilised by dev kumar aggarwal then the agreement dated 22-8-1989 came ..... accrued to assessee or any other member of aop.5.2 so far as concept of time as essence of the contract is concerned, section 55 of the indian contract act gives out the effect of delay to perform contract at fixed time and we are reproducing the relevant portion of section 55 which reads as under : "55. effect .....

Nhai vs.m/s. Hindustan Construction Co. Ltd

Court : Delhi

..... recommended by the engineer and approved by the appellant. the grievance, of the appellant, regarding the reliance, by the learned arbitral tribunal, on section 23 of the indian contract act, 1872, was also, therefore, it was submitted, academic. 23 having thus set out the rival contentions of both parties, the learned single judge proceeded to dismiss the ..... respondent, to additional cost. (iii) the entitlement, of the respondent, to the additional cost, also flowed from sections 53 to 55 and 73 of the indian contract act, 1872. (k) the engineer, in his letter dated 20th march 2010, no doubt stated that grant of eot was with the condition that no compensation or costs will ..... any delay or breach on its part. (vii) the finding, of the learned arbitral tribunal, that item 18 of the contract data was hit by section 23 of the indian contract act, 1872, amounted to rewriting the contract, which was impermissible. fao (os) 116/2017 page 22 of 48 22 per contra, the respondent contended that it had .....