Court : Gujarat
Reported in : AIR1967Guj46; (1965)GLR817
..... 69: (air 1922 pc 403). in that case, their lordships at page 75, after noting the distinction between the two expressions (i) agreement, and (ii) contract, as used in the indian contract act and pointing out that section 65 deals with (a) agreements enforceable by law, and (b) agreements not so enforceable, proceed to decide the point regarding the ..... recovering back the amount paid under the void document. in my judgment, in advancing this argument, mr. shah ignores the provision contained in s. 65 of the indian contract act. that section has been enacted to provide exactly for a contingency of this type. therefore, if s. 65 applies to the facts of the present case, there ..... division), vyara, from out of which this second appeal arises. the main question which requires to be decided in the present appeal is whether s. 65 of the indian contract act is or is not applicable to the facts of the present case. those facts may be stated at first. on 17th september 1948, yakubkhan, plaintiff no. 1 .....
Tag this Judgment!Court : Chennai
Reported in : [2001]103CompCas258(Mad)
..... the statutory bar under the reserve bank of india rules and regulations regarding nonresident account with nationalised banks is liable to fall within the mischief of section 23 of the indian contract act, 1872, and as such opposed to public policy and cannot be enforced. however, without prejudice to the aforesaid contention, it was stated that a reading of the plaint would ..... basis of exhibit p-18 cannot be valid in law but, however, void and exhibit p-18 is totally against the public policy as envisaged under section 23 of the indian contract act. 23. though two case-1aws in the following cases, r.m.s.s. chettiar v. gain cheng kiet, : air1974mad349 and escorts ltd. v. union of india [1985] ..... of the customer that is defendants nos. 1 to 4 herein and not against the deposits made by defendants nos. 5 and 6 pursuant to section 171 of the indian contract act. 21. from a bare perusal of exhibit p-18, the letter, it is noticed that the letter itself does not create a lien and that it has been .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1993KAR201; 1993(1)KarLJ308
..... guarantee. section 124 defines the expression 'contract of indemnity'; section 125 defines 'right of indemnity holder when sued'; section 126 defines the expressions 'contract of guarantee','principal debtor' and 'debtor'; section 127 provides regarding the consideration for guarantee ..... chapter viii of the indian contract act? if so, whether such a contract is not hit by section 23 of the indian contract actthese questions under point no. 1 were considered in paras 9, 10, 10.1, 11 and 11.1 of the judgment, therefore, it is necessary to reproduce the same:'9. chapter viii of the indian contract act, 1872, (hereinafter referred to as the 'act') deals with indemnity and .....
Tag this Judgment!Court : Kerala
Reported in : AIR1996Ker49; [1996]85CompCas531(Ker)
..... on the ground that the court had not taken into consideration the fact that under the english law there was no provision like section 28 of the indian contract act and the supreme court was of the view that the various english decisions were not appropriate for deciding the effect of section 28 for the construction of ..... air scw 1827) the supreme court was of the view that a clause restricting the period of limitation to file suit would be hit by section 28 of the indian contract act. that was a case where the food corporation of india appointed millers for procuring, hulling and supplying rice on certain conditions. the insurance company on behalf of these ..... appellant that even if it is assumed that clause 19 restricts the period of limitation for filing the suit, the same is opposed to section 28 of the indian contract act.6. the counsel for the respondent --insurance company relied on a full bench decision of the punjab high court reported in pearl insurance company v. atmaram, air .....
Tag this Judgment!Court : Mumbai
Reported in : (1906)8BOMLR491
..... , and, secondly, that the bargain was an unconscionable one, and procured by the exercise of undue influence within the meaning of section 16 of the indian contract act, 1872, as amended by section 2 of act vi, of 1899.5. the first point depends on the construction and effect of the group of sections (161 to 177) in the oudh land ..... the parties was such that auseri lal was ' in a position to dominate the will' of the respondent within the meaning of the amended section 16 of the indian contract act. it remains to be seen whether auseri lal used that position to obtain an unfair advantage over the respondent.13. the subordinate judge was wrong in deciding the case ..... . in other words, the respondent's consent to the transactions was caused by undue influence within the meaning of the amended section 16 of the indian contract act, and the transaction was therefore voidable. accordingly the court gave the plaintiff a decree for rs. 4,500 (the principal money under the first bond) with interest .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1930Bom306; (1930)32BOMLR64
..... referred to, presumably with approval, in the case of cole v. nanalal : air1925bom18 , which i have referred to above. but the learned commentators of pollock and mulla's indian contract act seem to think that the view taken by. maclean c.j. is an extreme and unnecessary view. i have, however, already held that the agreement in suit imposed an absolute ..... buy the lorries and took delivery of the lorries there and then, and agreed to pay the purchase money by instalments. if one turns to section 78 of the indian contract act, it is clear that in such a case the property in the goods would ordinarily pass.13. there are certain broad principles on the subject which can be ..... the goods did not pass to the hirer until all the instalments had been paid.17. in india we are goverened by section 78 of the indian contract act under which if the parties to, a contract agree inter alia that payment for the goods sold is to be postponed, the property pasess as soon as the proposal for sale .is accepted .....
Tag this Judgment!Court : Mumbai
Reported in : (1928)30BOMLR1560; 113Ind.Cas.341
..... sources as well as when it was derived from the mouth of the agent. but that decision was made without any reference to the terms of section 230 of the indian contract act. it is not referred to by west j., and the authority of that decision has been considerably weakened by the subsequent case of lahshmandas v. anna i.l.r ..... has entered into on behalf of his principal is entitled to sue in his own name. the cases that establish that proposition will be found in pollock and mulla's indian contract act, 5th ed,, p. 722; and among other cases where it has been recognised may be cited, subrahmania fattar v. narayanan nayar i.l.r(1900) mad. 130 and ..... the case also, in my opinion, falls under the rule laid down in section 230 of the indian contract act that, where the agent does not disclose the name of his principal, there shall be presumed a contract by which he can personally enforce the contract entered into by him on behalf of the principal. there is no reliable evidence that defendant no. .....
Tag this Judgment!Court : Mumbai
Reported in : (1929)31BOMLR88; 117Ind.Cas.518
..... of the respondent that the payment was not made by the plaintiff but by dhanraj, and, therefore, the plaintiff cannot claim the benefit of section 70 of the indian contract act. it appears, however, from the circumstances proved in the case that dhanraj made the payment as agent of the plaintiff. under section 70 it must be proved ..... paid to the panchas for the debt due by the respondent to the panch.3. the court of first instance applying the provisions of section 70 of the indian contract act decreed the appellant's claim against the respondent and dismissed the suit against the other defendants.4. the lower appellate court reversed the decree of the first court ..... 1. the question raised in this second appeal is whether on the facts found the appellant can maintain her claim under the provisions of section 70 of the indian contract act. the court of first instance found in favour of that plea and decreed the claim. the appellate court reversed the decree and dismissed the suit with costs in .....
Tag this Judgment!Court : Karnataka
Reported in : [1990]69CompCas404(Kar)
..... with consideration and object of an agreement. the provision of the indian contract act do not, as a matter of course apply to transfer of property. section 4 of the transfer of property act provides thus : '4. the chapters and sections of this act which relate to contracts shall be taken as part of the indian contract act, 1872. and section 54, paragraphs, 2,3,59,107 and 123 shall ..... the interest affected thereby, or (2) for an unlawful object or consideration within the meaning of section 23 of the indian contract act, 1872 or (3) to a person legally disqualified to be a transferee.' 19. thus, section 6 of the transfer of property act, which deals with the topic of 'what may be transferred' provides that no transfer can be made for an unlawful .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1928Bom427; (1928)30BOMLR1149; 113Ind.Cas.27
..... into account in deciding what relief he should grant to the plaintiff. the question before him became one simply of damages to be awarded under section 73 of the indian contract act, and in awarding damages it is an ordinary rule that a change of circumstances may be taken into consideration. thus it is said in mayne on damages, 10th ..... was aware of this entry and this defect in title, it is clear that there was no mutual mistake which would bring the case under section 20 of the indian contract act. therefore, we come to the two other contentions as to fraud and misrepresentation.3. it is quite clear that, if the plaintiff could with ordinary care have ..... are not really relevant to the questions before us.12. the appeal seems to be governed by section 55(1)(a) of the transfer of property act and the relevant provisions of the indian contract act. section 55(1)(a), though providing that a seller is bound to disclose certain defects, also qualifies the statement by the words 'and which the .....
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