Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 5 revocation of proposals and acceptance Page 1 of about 268 results (0.095 seconds)

State of Haryana and ors. Vs. Ms Malik Traders

Court : Supreme Court of India

..... it is true that as per section 5 of the indian contract act, 1872 (hereinafter referred to as the act ), a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer. ..... : (a) whether the forfeiture of security deposit was without authority of law and without any binding contract between the parties and also contrary to section 5 of the contract act; and (b) whether the writ petition was maintainable in a claim arising out of a breach of contract. ..... thus, even though under section 5 of the act a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, the respondent was bound by the agreement contained in its offer/bid to keep the bid open for acceptance upto 90 days after the last date of receipt of bid and if the respondent withdrew its bid before the expiry of the said period of 90 days the respondent was liable to suffer the consequence (i.e. ..... therefore, the appellant although found the respondent to be the highest bidder and accepted its offer on 21.11.1997, encashed the bank guarantee for 50 lakhs. ..... security would be forfeited without prejudice to any other right or remedy available to the executive engineer or his successor in office or his representative, should the respondent withdraw or modify its bid/offer after the last date and time for the receipt of bids, during the period of bid validity (90 days) or extended validity period. 5. .....

U.P. Rajkiya Nirman Nigam Ltd. Vs. Indure Pvt. Ltd. and Others

Court : Supreme Court of India

Reported in : 1996IIAD(SC)318; AIR1996SC1373; 1996(1)ARBLR236(SC); JT1996(2)SC322; 1996(2)SCALE247; (1996)2SCC667; [1996]2SCR386; 1996(2)LC48(SC)

..... section 3 of the indian contract act, 1872 envisages communication of proposal, acceptance of proposal and the revocation of the proposal and acceptance ..... tenders - the source of the contract between the parties -had not transformed into a contract, even if the proposal and counterproposal are assumed to be constituting an agreement, it is a contingent contract and by operation of section 32 of the contract act, the counterproposal of the respondent cannot be enforced since the event of entering into the contract with the board had not taken ..... section 7, 'in order to convert a proposal into a promise, the acceptance must (1) be absolute and unqualified; (2) be expressed in some usual and reasonable manner, unless the proposal prescribes the manner in which it is to be accepted ..... it was further stated therein that deletion of material clause (10) of the draft agreement and material alteration of clause (12) constituted substantial modification of the draft agreement and consequently it did not accept the counter-proposal of the respondent and that, therefore, no valid agreement came into existence which was admitted by the respondent in their letter ..... in view of the fact that section 2(a) of the act envisages a written agreement for arbitration and that written agreement to submit the existing or future differences to arbitration is a pre-condition and further in view of the fact that the original contract itself was not a concluded contract, there existed no arbitration agreement for .....

Food Corporation of India Vs. Prem Chand Jain

Court : Delhi

..... similarly, in this case also, an agreement obliging the offerer to keep his bid open for a specified period, and subject to the predeposit of earnest money which is liable to forfeiture, which in turn obliges the offeree to duly consider this offer, constituted a separate, enforceable agreement; and once the acceptance of the offer is complete as against the offerer or proposer, it falls outside section 5 of the indian contract act, 1872.14. ..... all the conditions mentioned in the tender document; which formed part of the bid of the respondent; to the unambiguous effect that the respondent was obliged to keep his bid open for acceptance for the entire period envisaged in this regard in the tender, and that failure to do so, would entitle the appellant to forfeit the earnest money; it was nevertheless open to the respondent to withdraw his offer before acceptance in view of the aforesaid provisions of section 5 of the indian contract act, 1872. ..... and once bidders offer to keep himself bound on the terms specified is accepted in the aforesaid manner, he cannot have recourse to section 5 of the indian contract act, 1872 to withdraw the same.17. ..... revocation of proposals and acceptance a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards. .....

M/s. Shri Sowmiya Enterprises and Another Vs. Mineral Exploration Corp ...

Court : Mumbai Nagpur

..... the learned counsel for the parties have invited my attention to the provisions of sections 3 and 7 of the indian contract act, 1872, which are reproduced below; (3) communication, acceptance and revocation of proposals. ..... the communication of proposals, the acceptance of proposals, and the revocation of proposals and acceptances, respectively, are deemed to be made by any act or omission of the party proposing, accepting or revoking by which he intends to communicate such proposal, acceptance or revocation, or which has the effect of communicating it. ..... after taking into consideration the provisions of section (3) and section (7) of the indian contract act, the apex court has held in case of u.p. ..... the plaintiff examined the power of attorney uday gopichand sanghi at exhibit 41, stating that there was a concluded contract and the rate of rs.140/per meter was accepted by the defendant and there being no dispute about the actual work carried out, the claim of rs.22,76,673/ at the rate of rs.140/ for the period from 26.11.1989 to 31.3.1990 was required to be granted. 5. ..... in the absence of written communication of the acceptance of proposal, the act or the conduct of parties or the correspondence between them must show meeting of mind between the parties to create a binding contract on the material terms. .....

Keshav Krishna Londhe (Dr.) Vs. Adarsh Gruha Nirman Sahakari Sanstha L ...

Court : Mumbai

Reported in : 2006(1)ALLMR669; 2005(5)BomCR404

..... section 5 further prescribes the procedure for revocation of proposals and acceptances and then section 6 points out how proposal can be ..... section 6 of indian contract act, 1872, reads as under ..... reference to provisions of indian contract act in this respect will also be ..... the petitioner also filed an application for grant of temporary injunction under section 95 of the maharashtra co-operative societies act, 1960 (hereinafter referred to as the act), that injunction was granted in his favour after hearing the respondents ..... the dispute was filed by the present petitioner under section 91 of the maharashtra co-operative societies act, 1960, before the co-operative court pointing out that he is a member of respondent ..... he further contends that in view of the provisions of section 38 of the maharashtra co-operative societies act, 1960, when the name of the petitioner appears in the register of members, it cannot be said that the petitioner is not the member of the ..... under section 38(2) of the act, the date on which the person was admitted to membership and the date on which he ceases to be a member as mentioned in this register are stated to be the prima facie evidence of said ..... contends that society is bound to adhere to the provisions of co-operative societies act and the petitioner was duty bound to adduce positive evidence regarding his membership. ..... also appears that his name was appearing in the register of members which the society is bound to maintain under section 38 of the act. .....

Union Of India Vs. N Murugesan

Court : Supreme Court of India

..... section 3 of the act concerns itself with an act of communication, acceptance, and revocation of proposal. ..... the indian contract act, 1872:18. ..... we have already dealt with the provisions of the contract act concerning the conduct of a party, and his presumption of knowledge while confirming an offer through his acceptance unconditionally. ..... from the knowledge comes passive acceptance, therefore instead of taking any action against any alleged refusal to perform the original contract, despite adequate 10 knowledge of its terms, and instead being allowed to continue by consciously ignoring it and thereafter proceeding further, acquiescence does take place ..... hence, an absolute and unqualified acceptance would give birth to the contract along with the terms of the ..... where one knowingly accepts the benefits of a contract, or conveyance, or of an order, he is estopped from denying the validity of, or the binding effect of such contract, or conveyance, or order upon ..... are, therefore, of the opinion that in case of contracts freely entered into with the state, like the present ones, there is no room for invoking the doctrine of fairness and reasonableness against one party to the contract (state), for the purpose of altering or adding to the terms and conditions of the contract, merely because it happens to be the state. ..... where one knowingly accepts the benefits of a contract or conveyance or an order, is estopped to deny the validity or binding effect on him of such contract or conveyance or .....

Manohar S/O Rambhau Galghate Vs. Saraswati Co-operative Housing Societ ...

Court : Mumbai

Reported in : 2005(3)ALLMR711; 2005(5)BomCR470; 2005(3)MhLj297

..... he further states that provisions of sections 5 to 7 of the indian contract act, 1872 also show that there was no notice of revocation to the petitioner if said letter dated 27-3-1989 is construed only to be an offer of the ..... under section 5-a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer and acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not ..... section 6 considers how revocation is to be made and it states that a proposal can be revoked by communication of notice of revocation by proposer to the other ..... he points out how the proposals are required to be revoked or accepted and contends that even if it is presumed that it was only an offer of allotment, still there is no valid revocation thereof and hence he is entitled to claim plot ..... the contrary, in view of payments accepted by society from petitioner, the acceptance of offer by petitioner was complete as against society and a concluded contract sprang to life. ..... contends that petitioner did not deposit entire amount with society within that period and therefore, offer made was not accepted and as such the society was free to allot said plot to anybody else and accordingly plot came to be allotted to respondent no. 2. ..... further contends that said letter itself shows that time was essence of acceptance of such an offer and therefore 15 days time was given to petitioner to deposit the amount. .....

Manglam Express Cargo Pvt. Ltd. Vs.union of India & Anr

Court : Delhi

..... further, section 6(2) of the indian contract act, 1872 reads as under:-"revocation how made 6. ..... he states that as the tenders were opened on 1st may, 2015, the offers were valid only till 29th july, 2015 and as the acceptance letters were admittedly issued on 30th july, 2015, there was no concluded contract between the parties at all.5. ..... (2) by the lapse of the time prescribed in such proposal for its acceptance, or if no time is so prescribed, by the lapse of a reasonable time, without communication of the acceptance.... ..... keeping in view the aforesaid admitted position, it is apparent that the acceptance letters were issued after the offers made by the petitioners had already lapsed and were no longer valid.7. ..... consequently, the present writ petitions are allowed and the impugned orders passed by the respondents are set aside.10. ..... present writ petitions have been filed seeking quashing of orders dated 28th october, 2015 passed by the divisional railway manager, whereby the leasing contracts pertaining to the petitioners were terminated and the earnest money deposits were forfeited.... ..... respondents through mr.jagjit singh with mr.shipra shukla and mr.preet singh, advocates. ..... respondents through mr.jagjit singh with mr.shipra shukla and mr.preet singh, advocates. w.p. ..... respondents through mr.jagjit singh with mr.shipra shukla and mr.preet singh, advocates. + w.p. ..... respondents through mr.jagjit singh with mr.shipra shukla and mr.preet singh, advocates. + w.p. .....

Tata Teleservices (Maharashtra) Ltd Vs. Union of India

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... the acceptance conveyed by the respondent, which has already been extracted ` supra, satisfies the requirements of section 4 of the indian contract act 1872. ..... section 5 deals with revocation of proposal and acceptance thereof in the following terms :- 5. ..... revocation of proposals and acceptance a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards. ..... keeping offer open it is implied in this section that the proposer of a contract cannot bind himself (unless by a distinct consideration) to keep his offer open for any definite time, and that any words of promise to that effect can operate only for the benefit of the proposer and as a warning that an acceptance after a specified time will be too late. (s 6(2)). ..... section 3 provides for the communication, acceptance and revocation of a proposal. ..... if the proposal prescribes a manner in which it is to be accepted; and the acceptance is not made in such manner, the proposer may, within a reasonable time after the acceptance is communicated to him, insist that his proposal shall be accepted in the prescribed manner, and not otherwise; but; if he fails to do so, he accepts the acceptance. ..... a proposal, when accepted, becomes a promise; (c) the person making the proposal is called the "promisor", and the person accepting the proposal is called "promisee", (h) an agreement enforceable by law is a contract; 71. .....

Veena Khanna vs.indian Bank

Court : Delhi

..... the section 2(a) (b), (e) and (h) of the indian contract act, 1872 are relevant for a better understanding and they are reproduced as under: to create an obligation on the defaulting party (a) when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal: (b) when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. ..... keeping in mind the aforesaid basic provisions of the indian contract act, 1872 (in short, the act ), i am of the considered opinion that whatever may be the mode of communication, (be it oral or written), and whosoever may be the initiator of negotiations (be it bank or defendant), the person who lastly gives some offer or proposes some modification of conditions or invites deletion of some conditions, becomes the proposer within the definition of section 2(a) of the act. ..... b s revocation is complete as against b when the telegram is dispatched, and as against a when it reaches him.16. ..... the communication of a revocation is complete, -as against the person who makes it, when it is put into a course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it; as against the person to whom it is made, when it comes to his ..... the revocation is complete as against a when the telegram is dispatched. .....