Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 28 agreements in restraint of legal proceedings void Page 9 of about 431 results (0.172 seconds)

Parsram Parumal Dabrai Vs. the Air-India Limited

Court : Mumbai

Reported in : (1954)56BOMLR944

..... as mandatory. but it is to be noted that the learned chief justice there was not discussing the provisions of section 151 of the indian contract act, but was discusing the provisions of section 176 of the indian contract act. in that case there is no considered decision of the court on the question, whether the provisions of section 151 of the ..... seeks totally to exonerate the defendants from their liability as carrier, for loss of goods delivered to them for transport.6. sections 151 and 152 of the indian contract act prescribe the amount of care required to be taken by bailees. a bailment for carriage is also governed by the provisions of sections 151 and 152 of the ..... of his failure to take such care of the thing bailed to him as is provided in section 151 of the indian contract act,9. in my view the contention cannot be accepted. undoubtedly section 151 of the contract act imposes upon a bailee liability to take such care of the goods bailed to him as a person of ordinary prudence .....

Keshavlal Harilal Setalvad Vs. Pratapsing Moholalbhai Sheth

Court : Mumbai

Reported in : AIR1932Bom168; (1932)34BOMLR167

..... the court has to deal, then the court is bound to follow the principles of the common law. it has been laid down in more than one case that the indian contract act is not exhaustive : see jagjiwandas v. king, hamilton & co. : (1931)33bomlr709 irrawaddy flotilla company v. bugwandass (1891) l.r. 18 i.a, 121 jwaladutt pillani v. bansilal ..... to sell off one of the properties to another person. this agreement between them is not one that can be brought under the terms of section 141 of the indian contract act so as to hold the sureties responsible for the reduced amount. moreover, there is no evidence to show that the reduction in the amount advanced was no more than ..... from which interest was to run the plaintiffs agreed to give him time in which to pay up and that such agreement releases the sureties under section 135 of the indian contract act.7. on september 21, 1923, the plaintiffs wrote to defendant no. 3 naginlal informing him that they had advanced rs. 1,00,000 to krishnalal on his .....

Kasturchand Jiwaji Vs. Manekchand Devchand

Court : Mumbai

Reported in : AIR1943Bom447; (1943)45BOMLR837

..... contract contained in the khata of 1931. but if that khata also amounts to an acknowledgment, then the present ..... khata of 1918 may not be recoverable in a court of law. yet, if by a fresh contract that debt is promised to be paid, then it would be a good consideration and the contract would be valid under section 25, sub-section (3), of the indian contract act, 1872. the basis of the suit is not any of the acknowledgments, but the ..... of the khata in suit, exhibit 16, was time-barred when it was passed, yet it would be valid consideration under section 25, clause (3), of the indian contract act. the relevant portion of that section says that an agreement made without consideration is void, unless it is a promise, made in writing and signed by the person to .....

Raj Rani Vs. Prem Adib

Court : Mumbai

Reported in : AIR1949Bom215; (1949)51BOMLR256

..... the appeal.28. now though according to english law the minor would be liable in the case of a contract of service where the contract was for his benefit, it is clear that under section 11 of the indian contract act the minor's contract being void, the minor would not be held liable (see mohori bibee v. dhurmodas ghose,) (1902) ..... paid by him, and money had and received for his use. he can also recover compensation for a non-gratuitous act done by him from the person enjoying the benefit of such act (see section 70 of the indian contract act) as for instance he can recover wages or payment for piece-work, or work as a servant (see section ..... made void and therefore unenforceable by or against the minor.30. section 68 of the indian contract act, which falls under the chapter dealing with certain relations resembling those created by a contract, says that if a person incapable of entering into a contract is supplied by another person with necessaries suited to his condition in life, the person .....

The Special Officer, Amaravathi Co-operative Sugar Mills Vs. D.V. Thir ...

Court : Chennai

Reported in : (1973)2MLJ361

..... that these bye-laws are not contracts entered into under the indian contract act 1872, and therefore the provisions of section 74 of that act cannot be applied in the present case. there is no such thing as a contract entered into under the indian contract act, 1872, and a contract not so entered into. the indian contract act 1872, lays down certain general principles regarding formation of contracts, performance of the contracts, the consequence of breach of ..... contracts etc., as applicable to all kinds of contracts. though the said enactment does not purport to deal exhaustively with any particular .....

Naresh Chandra Guha Vs. Ram Chandra Samanta and ors.

Court : Kolkata

Reported in : AIR1952Cal93,55CWN765

..... with justice, equity and good conscience. 14. bearing in mind this aspect of the matter, i have examined sections 64, 65 and 74 of the indian contract act in relation to the question, now before me, and, as a result of such examination, i am convinced that neither of those sections has any ..... to remember the above distinction and limitation when considering the ambit and scope of particular sections of the indian contract act. in cases of contract, therefore, when any matter cannot be brought within particular provisions of the indian contract act without doing some violence to the language used therein and/or without leading to strange and absurd results, ..... there be something, in any statute or in any authoritative judicial pronouncement which clearly points to the contrary.11. the statute requiring consideration is. the indian contract act and the judicial decision which has been relied upon by the learned advocate for the petitioner is the privy council case of 'bhai panna singh v. .....

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 .....

Assistant General Manager State Bank of India Vs. Radhey Shyam Pandey

Court : Supreme Court of India

..... . 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 ..... another (a) where he holds a real or apparent authority over the other .... we need not trouble ourselves with the other sections of the indian contract act except sections 23 and 24. section 23 states that the consideration or object of an agreement is lawful unless inter alia the court regards it as ..... concerns the public good and the public interest. action has to be subservient to public policy. this court in the context of contract act and public policy made the following observations: 92. the indian contract act does not define the expression "public policy" or "opposed to public policy." from the very nature of things, the expressions .....

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 .....

Pulingundla Venkatappa Naidu and ors. Vs. Geddam Chinnappa Naidu

Court : Chennai

Reported in : AIR1945Mad171; (1945)1MLJ158

..... it becomes void so as to attract the provisions of section 65 of the indian contract act is clear from the decision of the privy council in mahanth singh v. u ba yi : air1939mad740 where they make the following observations :not every unenforceable contract is declared void, but only those unenforceable by law, and those words mean ..... of opinion that the unregistered sale deed amounted to a contract of sale, and as the right to enforce specific performance of the contract had become barred, the contract had become void as it ceased to be enforceable and therefore the provisions of section 65 of the indian contract act would apply. he set aside the decree and remanded ..... of the learned district munsiff that section 53-a of the transfer of property act had no retrospective effect, was of opinion that the plaintiffs were not entitled to a decree for possession, as under section 65 of the indian contract act, the contract had become void and that they should disgorge the benefit that they had .....