Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 5 revocation of proposals and acceptance Court: madhya pradesh Page 1 of about 3 results (0.061 seconds)

Ratanlal Son of Pannalalji Vs. Firm Mangilal Mathuralal of Indore and ...

Court : Madhya Pradesh

Reported in : AIR1963MP323

..... of the learned judges constituting the full bench would accordingly assist us in out conclusion that if unlawfulness or illegality is even indirectly connected with a perfectly innocent and legal contract, the contract is rendered unlawful or illegal and the court would refuse to enforce such a contract, having in view the provisions of section 23 of the indian contract act, as giving effect to a perfectly legal contract, which is tainted by a collateral illegality or an earlier illegality would render the provisions of section 23 of the indian contract act nugatory. ..... coming to the first question whether the suit transactions in forward contracts of linseed were unlawful or illegal as being in contravention of the provisions of the indore oil sseeds (forward contracts prohibition) order, 1943; and whether rights and liabilities could not be enforced on the basis of such contracts, they being opposed to public policy under section 23 of the indian contract act, we observe that we have already affirmed the finding of the trial judge that the suit ..... for not accepting the view of the rajasthan high court and for following the view of the madras and the andhra pradesh high courts are as follows:(a) their lordships of the supreme court in the two cases mentioned above have distinguished the cases of contracts where the consideration becomes void and other contracts where the, ..... we have already indicated that we are unable to accept the view of the division bench of the rajasthan high .....

Union of India (Uoi) Vs. Shantilal Nanchand Jain

Court : Madhya Pradesh

Reported in : AIR1957MP192

..... so long as the period of the goods remaining in the railway premises free of these charges is concerned, the railway obviously retains the goods in pursuance of the original contract of carriage and is, therefore, bound to take the amount of care of the goods as is prescribed under section 151 of the indian contract act.thereafter, it is bound to do so as a warehouseman until the goods are disposed of as unclaimed goods under para. ix, ch. ..... the responsibility of a railway in india, however, is limited under section 72 of the indian railways act to that of a bailee under sections 151, 152 and 161 of the indian contract act and is not governed by the common law of england or the carriers act, 1865.8. ..... the amount of care enjoined on the railway administration under section 72 of the indian railways act, 1890, read with, section 151 of the indian contract act, 1782, was not, therefore, taken. ..... union of india, air 1955 cat 204 (g), it was even held that where the railway charges demurrage, it is liable under section 152 of the indian contract act, on a contract of bailment for warehousing the goods. ..... section 160 of the indian contract act enjoins a duty on the bailee to return or deliver according to the bailor's directions, the goods bailed, without demand, as soon as the time for which they were bailed has expired, or the purpose for which they .....

Balaji Industries and anr. Vs. State Bank of India and ors.

Court : Madhya Pradesh

Reported in : [1998]94CompCas545(MP); 1997(2)MPLJ316

..... the law as enacted in section 41 of the indian contract act, 1872, as noted above, has been adopted from the roman law and is a departure from the early english law on the point. ..... in further pursuit, he has placed reliance on section 41 of the indian contract act, 1872, and on union of india v. ..... the judgment-debtors confronted with liability under the money decree, have filed this revision petition under section 115 of the civil procedure code, 1908 (for short 'the code'), against the order dated may 1, 1992, passed by the executing court (sixth additional judge to the court of the district judge, indore) in execution ..... shri bagadia has submitted that the order is illegal and vitiated by material irregularity in that 'recovery' cannot be permitted to be duplicated despite the decree and that the promisee, having accepted performance of the promise from the corporation, i.e. ..... the executing court said a monosyllabic 'no' to the objections, on the ground of absence of 'privity of contract' between them and the corporation and the absence of such a fetter in the decree.2. ..... it is thus contended that it is neither a performance nor an acceptance from a third person like the corporation. ..... shri consul has, however, dubbed the oppugnation as non-meritorious and has contended that the executing court has passed the legal and valid order as there is indubitably 'no privity of contract' between the borrower and corporation. .....

B.B. Verma and anr. and S.C. Batra and anr. Vs. State of M.P. and anr.

Court : Madhya Pradesh

Reported in : AIR2008MP202; 2008(1)MPHT17

..... where therefore a contractor does not complete the work entrusted to him under the contract and the unexecuted part of the work is entrusted to another contractor for completion and the government incurs additional expenses for having the work completed by another contractor over and above the expenses which have been paid to the original contractor, the additional expenses sought to be recovered by the government are nothing but damages within the meaning of section 73 of the indian contract act, 1872. ..... section 73 of the indian contract act, 1872 provides that when a contract is broken, the party who suffers by such breach is entitled to receive from the party who has broken the contract compensation for any loss or damage caused to him thereby which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it but such compensation will not be given for any remote and indirect ..... obviously, where the contractor disputes an amount claimed by the state government or any officer on its behalf as payable by the contractor to the state government, such an amount cannot be said to be due to the state under the contract and cannot be recovered as arrear of land revenue in accordance with the terms of the contract and section 155(b) of the code.15. .....

S.P. Jauhari Vs. Madhya Pradesh Laghu Udyog Nigam Maryadit

Court : Madhya Pradesh

Reported in : 2004(2)MPHT533; 2003(3)MPLJ481

..... it is difficult to accept the contention raised in the bar that a contract of employment would not be governed by the indian contract act. ..... from the facts staled above, it would be seen that though the option of voluntary retirement exercised by the appellant by his letter dated 18-10-1995 was accepted by the respondent management by their letter dated 30-7-1997, the appellant was not relieved from service and he was allowed to continue in service till 26-9-1997, which, for all practical purposes, would be the 'effective date' as it was on this date that he was relieved from service. ..... the principles which are really applicable to the case at hand are whether there has been a concluded contract so as to debar the petitioner to withdraw his letter of voluntary retirement and whether by such acceptance by the management, the locus poenitentiae of the employer has been curbed or destroyed. ..... it is urged by him that the matter would have been totally different if 31st march, 2003 had expired and in that event despite the non-acceptance or acceptance by the employer, the communication by the employee would not have saved the situation as communication in that regard or on that score would not have been available. ..... therefore, in view of the settled position of the law and the terms of the letter of acceptance, the appellant had locus poenitentiae his proposal for voluntary retirement before the relationship of employer and employee came to an end.'21. .....

Vishal Nikhare Vs. the State of Madhya Pradesh Judgement Given By: ...

Court : Madhya Pradesh

..... the fact that section 2(h) of the indian contract act refers to the contract being enforceable by law does not necessarily mean that the other two factors referred to against question ..... according to the petitioners.the correct answer is it is enforceable by law as provided in section 2(h) of the indian contract act. ..... indian contract act, when does an agreement becomes a contract ..... this submission is founded on some reserve bank of india circular dated 1.4.2012; whereas question no.72 is founded on section 138 of the negotiable instruments act, 1881, which plainly provides that the dishonour of cheque for insufficiency of funds in the account can be the cause for criminal action provided the cheque has been presented to the bank ..... by law, ii) it is between parties competent to contract, iii) it is by the free consent of parties, and iv) all of the above. ..... the reserve bank of india on which reliance has been placed by the petitioners cannot be the basis to accept the stand that the three months period is the specified period under the act of 1881. ..... to the provisions of c.p.c.and not the act of 1961 as such. ..... section 185 on which reliance has been placed deals with the occupancy tenant and is in respect of a sub tenant of a pachpan paintalis tenant and sub tenant of pattedar and ..... ii) no pecuniary jurisdiction, iii) no territorial jurisdiction, and iv) all of the above. ..... petitioners in these petitions is essentially in the context of questions no.19, 20, 32, 45 and 72 of the question paper. .....

A.S. Motors Pvt. Ltd. Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : I(2008)BC546

..... to decide the question of applicability of section 74 of the indian contract act, effect of the same on the facts and circumstances of the present case and the reasonableness of the amount to be recovered from the petitioner for breach of contract, it would be proper to take note of various provisions of ..... aforesaid four question now the only question that remains for consideration is with regard to reasonableness of the action taken and examination of the same with reference to the provision of section 74 of the contract act and justification in the matter of forfeiting the performance security and revocation of the bank guarantee, i.e. ..... the notice petitioner submitted their offer on 6.2.2006, the bid submitted by the petitioner being the most appropriate one was accepted by the national highways authority of india limited and a letter of acceptance dated 14.3.2006 annexure p/4 was issued to the petitioner conveying to them acceptance of their bid, by this letter petitioner was directed to take the following steps-(a) submit a demand draft for rs. ..... normally in cases arising out of contract and when a bank guarantee is proposed to be revoked a writ court will not normally interfere as the matter is as per the agreement however if one of the parties to the contract is the government or a statutory authority as contemplated under article 12 of the constitution, action of the state or authority has to be judged on the touchstone of the requirement as contemplated under article 14 .....

Leela Bai Vs. Ganpati and Another

Court : Madhya Pradesh

..... according to the provisions of section 28 of the indian contract act, 1872 if any contract takes place which extinguishes the right of any party then such portion of the contract which violates the statutory provision is void, which is not enforceable ..... the present case, an agreement took place between the parties was valid for the amount of maintenance and payment of maintenance but, the condition that the applicant could not ask for further maintenance was violative to the provisions of section 127 of the cr.p.c and therefore, that portion of contract was void under section 28 of the indian contract act. ..... in the present case, it is to be seen that when the applicant accepted a lump sum of rs.18,000/- as a full and final maintenance then whether she could file a fresh application of maintenance. ..... sheet of a court or lok adalat is a public document which can be accepted in evidence at any stage and therefore, the additional sessions judge has rightly found that the applicant had received a lump sum payment of rs.18,000/- and the case was disposed off. 9. ..... the basis of the increase in the income of her husband or increase in her expenditure or on the basis of any other reason and therefore, after passing the order under section 125 of the cr.p.c there is a provision of law for enhancement of the maintenance amount. ..... these circumstances, the order passed by the revisionary court suffers from illegality and perversity and therefore, the revision filed by the applicant can be accepted. .....

Harvansh Singh and anr. Vs. Bhagwan Das and anr.

Court : Madhya Pradesh

Reported in : 2006(1)MPHT208; 2006(1)MPLJ604

..... this court answers these points as under :-generally speaking under section 55 of the indian contract act (9 of 1872) time is not the essence of contract in cases of immovable properties. ..... thus, one can safely say that the substantive provision contained in section 16(c) of the act does not insist upon a particular set of words, the averment must, in substance, indicate the continuous readiness and willingness of the plaintiff to perform his part of the contract for sale of property from the date of agreement till the date of ..... thus the time was the essence of the contract and plaintiff did not comply with the terms of the agreement/contract therefore they forfeited the right to get the sale deed executed and they also forfeited the right to get the earnest money back ..... 1999(2) jlj 386 (db), it was held that if plaintiff has deposed about availability of funds and pleads readiness and willingness to perform his part of the contract and had told the vendor to perform his part of the contract there is no absence of requisite pleadings. ..... under such circumstance time may be the essence of the contract and in these cases it would be inequitable to give relief of specific performance to the purchaser ..... the circumstances might be reluctancy of the vendee to purchase the property, inaction to take suitable steps in reasonable time thereby allowing the price of the property to escale high and clear cut intention of the vendor to utilize the returns for express purpose stated in the agreement. .....

Om Prakash Vs. Gordhan and ors.

Court : Madhya Pradesh

Reported in : 2006(2)MPLJ497

..... public notice is not given, then the retiring partner cannot escape from his liability as a partner for the acts of commission or omission done by the remaining partners after his retirement provided they would have been acts of the firm if done before retirement.the division bench further held as under after analyzing the provisions of sections 32(5) and 45 of the partnership act and the earlier provision of the indian contract act:- section 32(3) therefore enacts a liability on the well known principle of holding out. ..... xi of the indian contract act which contained provisions relating to the law of partnership ..... the mode of giving notice has been laid down in section 72 of the partnership act which says that a public notice has to be given by intimation to the registrar of firms under section 63 and by publication in the official gazette and in at least one vernacular news-paper circulating in the district where the firm to which it relates has its place of principal place of business ..... under the law as it stood prior to the indian partnership act, an active partner who had retired from a firm could continue to remain liable for the debts contracted subsequently by the continuing firm unless those who had previous dealings with the firm had actual notice of the ..... is an admitted position that no public notice was issued with regard to retirement of the appellant from the firm.section 45 of the indian partnership act, 1932 reads as under with regard to liability of partners:45. .....