Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 28 agreements in restraint of legal proceedings void Court: supreme court of india Page 1 of about 107 results (0.340 seconds)

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 .....

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 .....

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 .....

A.V.M. Sales Corporation Vs. Ms Anuradha Chemicals Pvt.Ltd.

Court : Supreme Court of India

Reported in : (2012)2SCC315; (2012)1SCC(Civ)809; (2012)1CTC867(SC)

..... may by mutual agreement exclude the jurisdiction of one of the courts, having regard to the provisions of sections 23 and 28 of the indian contract act, 1872. section 23 of the aforesaid act indicates what considerations and objects are lawful and what are not, including the considerations or objects of an agreement, if forbidden by law. ..... this special leave petition has several dimensions, including the question as to whether the parties to an agreement can contract in violation of sections 23 and 28 of the indian contract act, 1872. obviously, the parties cannot contract against the statutory provisions. a connected question would arise as to whether the parties to an agreement can confer jurisdiction ..... court in preference to the other and as to whether the same would amount to violation of the provisions of sections 23 and 28 of the indian contract act? the said question has been answered in the affirmative by the trial court and has been upheld by the high court.7. the question which .....

Vidya Drolia Vs. Durga Trading Corporation

Court : Supreme Court of India

..... and the reference is such as to make that arbitration clause part of the contract.11. the term agreement is not defined in the arbitration act, albeit it is defined in section 10 of the indian contract act, 1872 (for short, the contract act ),11 as contracts made by free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not thereby expressly ..... declared to be void. section 10 of the contract act also stipulates that aforesaid requirements shall not affect .....

Union of India and Anr. Vs. M/S Indusind Bank Ltd. and Anr

Court : Supreme Court of India

..... 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 bill ..... statement of objects and reasons of the amendment reads as follows:- 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 ..... stand, ultimately leading to avoidable litigation. 5.3 on a consideration of all aspects of the matter, we recommend that section 28 of the indian contract act, 1872 should be suitably amended so as to amend to render invalid contractual clauses which purport to extinguish, on the expiry of a specified term, right accruing from .....

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 .....

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 .....

Naresh Chandra Sanyal Vs. Calcutta Stock Exchange Association Ltd.

Court : Supreme Court of India

Reported in : AIR1971SC422; [1971]41CompCas51(SC); (1971)1SCC50; [1971]2SCR483

..... money or other property already delivered. duty not to enforce the penalty clause but only to award reasonable compensation is statutorily imposed upon courts by 74 of the indian contract act. in all cases, therefore, where there is a stipulation in the nature of penalty for forfeiture of an amount deposited pursuant to the terms of a ..... contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled, ..... exchange to forfeit the shares arises out of the articles and its source is in contract. forfeiture of share is in the nature of imposition of a penalty. section 74 of the indian contract act provides :when a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or if the .....