Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 5 revocation of proposals and acceptance Page 9 of about 268 results (0.146 seconds)

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

Court : Chennai

Reported in : (1973)2MLJ361

..... that situation, the privy 'council observed:the effect of the indian contract act of 1872, section 74, is to disentitle the plaintiffs to recover simpliciter the sum ..... 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 ..... such bye-laws laying down the conditions of service are made and any person enters the employment of a society those conditions of service will have to be treated as conditions accepted by the employee when entering the service and will thus bind him like conditions of service specifically forming part of the contract of service. ..... is satisfied that the proposed bye-laws are not contrary to the act or the rules of the co-operatives societies or to co-operative principles and on such satisfaction when the registrar has registered the by -laws, the only remedy open to a member of the society aggrieved by such registration is to prefer an appeal against the order of registration, under section 96 (2) of that act or to apply to have the bye-law amended and the amendment registered as provided for in section 11 of the aid act or to move the ..... the supreme court has pointed out:we are unable to accept the submission that the bye-laws of a co-operative society framed in pursuance of the provisions of the act can be held to be law or to have the ..... i am unnable to accept this contention and there is nothing in law to support ..... unable to accept the argument of .....

Naresh Chandra Guha Vs. Ram Chandra Samanta and ors.

Court : Kolkata

Reported in : AIR1952Cal93,55CWN765

..... discussion, i have come to the conclusion that the earnest money, in the real sense of the term, as explained above, is, in the absence of a contract to the contrary, either express or implied, liable to be forfeited by the vendor when the contract goes off for default on the part of the purchaser and such1 liability exists, notwithstanding sections 64, 65 and 74 of the indian contract act, and is not affected by any of the said provisions, although, when the vendor sues the purchaser for compensation for breach of the ..... 1, the learned subordinate judge was in error in not accepting the plaintiff's case, as set out above, and that, because of this mistake, the learned subordinate judge came to a wrong conclusion on the question of responsibility for the breach of contract,-in other words, that he was wrong in finding that the plaintiff was guilty of the breach. ..... the authorities that, in applying this rule, judges have uniformly accepted the view that, in the absence of a contrary intention, express or implied, in the agreement for sale, money paid by the purchaser to the vendor at the time of such agreement, be it described as earnest money or deposit or deposit money or by any other name, is presumed to be earnest or security for the performance of the contract of sale, liable to be forfeited if the contract fails by reason of default on the purchaser's part; in other words .....

Delhi Airport Metro Express Pvt. Ltd. Vs. Caf India Pvt. Ltd. and anr.

Court : Delhi

..... thus, not merely the finding that both the defendant no.1 and defendant no.2 are joint promissors is legally tenable as per the wordings of section 43 of the indian contract act, 1872 but the same is also contractually recognised whereby both the caf and caf india have undertaken to act as joint promissors towards their obligations under the maintenance agreement respectively to the extent their obligations overlap in the maintenance agreement. ..... 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 express agreement to the contrary, the promisee can be compelled any of the joint promissors to perform the said promise. ..... from the plain reading of the section 62 of indian contract act, 1872 it can be seen that if the parties to a contract agree to substitute a new contract for it or to rescind or to alter it, the original contract need not be performed. ..... 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, indian law makes the liability of the promisors joint or several. ..... the consortium's bid for the project was accepted and it was awarded the project on 21st january 2008. .....

Cox And Kings Ltd. Vs. Sap India Pvt. Ltd.

Court : Supreme Court of India

..... . 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; 12 section 2(b), indian contract act 1872 reads: (b) when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted ..... . 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 does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise; 14 section 9, indian contract act 1872 reads: 9 ..... . 4 under section 28 of the indian contract act, 1872.8 however, exceptions to section 28 save a contract to refer to arbitration any dispute that has arisen or may arise between two or more persons.9 thus, a restriction on accessing civil remedy is saved under section 28 of the contract act, if there is a contract to arbitrate.7 ..... . 9 the relevant portion of section 28, indian contract act, 1872 reads: exception 1 ..... . the relevant portion of section 28, indian contract act, 1872 reads: 28 ..... . 15 section 10, indian contract act 1872 reads: 10 .....

P.L. Raju Vs. Dr. Nandan Singh

Court : Andhra Pradesh

Reported in : 2005(5)ALD402

..... state of maharashtra, : [1979]2scr1147 , sections 55 and 74 of the indian contract act 1872 and the aspect of whether the time would be the essence of contract and the mode of determination thereof had been discussed. ..... gunala raghunandan rao, : air1977ap374 , the division bench while dealing with sections 73 and 74 of the indian contract act 1872 held:'sri g.v.r. ..... the trial court had recorded detailed reasons that if any damages had been suffered in view of the breach of the contract, only the quantum of damages to such an extent alone can be claimed and not exceeding it and hence the total forfeiture of the amount cannot be justified, especially in the light of sections 73 and 74 of the indian contract act. ..... 1,00,000/- to the defendant by way of earnest money or as a guarantee for due performance of the contract and as admittedly the contract is not to be performed by the parties any further the plaintiff is entitled to its refund.it is true that the doctrine that a person who has been unjustly enriched at the expense of another is required to make restitution to the other has been accepted in this country and has also found statutory recognition in sections 65 - 70 of the indian contract act. ..... 1, east : 30' wide road; west : proposed 30' wide road in the said lay out. ..... 1(2)east 30 feet wide existing road west proposed 30 feet wide roadin witness whereof the above named parties be signed on and here mentioned above. .....

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

Court : Supreme Court of India

..... can be made to a group of persons collectively which is capable of being accepted individually, but the question which has to be posed and answered is as to whether having regard to the service jurisprudence; the principles of the indian contract act would be applicable in the instant case. ..... trouble ourselves with the other sections of the indian contract act except sections 23 and 24. ..... the only relevant provision in the indian contract act, which can apply is section 23, when it states that "the consideration or object of an agreement is ..... it is, however, rarely that contracts of the types to which the principle formulated by us above applies are induced by undue influence as defined by section 16(1) of the indian contract act, even though at times they are between parties one of whom holds a real or apparent authority ..... once it approved the scheme sbi being an instrumentality of state under article 12, is bound by the principle of fairness and representation made that it accepted the contents of memorandum and the scheme floated by iba and invited the applications based on approving the memorandum which contained proposal of pension on rendering 15 years of permanent pensionable service, it could not later on wriggle out of its obligation taking a rigmarole by claiming shelter of the rules or by not amending the rules or by issuing a ..... 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. .....

Federal Bank Ltd. Vs. Western Paques (India) Ltd. and

Court : DRAT Mumbai

Reported in : III(2005)BC163

..... for the karkhana was not based solely, and exclusively on the doctrine enunciated by sections 69 and 70 of indian contract act. ..... southern foundaries, (1939) 2 kb 206, there has to be contract between the parties and here the learned presiding officer has gone completely wrong that in one breath he accepts submission of the advocate of karkhana that claim of the karkhana is based on sections 69 and 70 of the indian contract act, in a situation where there is no contract, while in another breath he is taking about doctrine of "the officious by-stander", which can be taken recourse to when there exists a contract between the parties.here again i must observe that argument of advocate appearing ..... this is on the first principle basis and there is no need to take recourse to the principles of quasi-contract or sections 69 and 70 of the indian contract act.in the present case at hand, the plant is belonging to the applicant bank. .....

Pulingundla Venkatappa Naidu and ors. Vs. Geddam Chinnappa Naidu

Court : Chennai

Reported in : AIR1945Mad171; (1945)1MLJ158

..... on appeal, the learned subordinate judge agreeing with the finding 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 under the contract before obtaining possession. ..... hence i think the provisions of section 65 of the indian contract act became directly applicable and it is even unnecessary to base this case on the analogy of the provisions contained in the said section.then he points out that as the contract for sale became unenforceable and therefore void, the plaintiffs are bound to return the rs. ..... he was 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. ..... that the learned judge was wrong in the view that when a contract has become unenforceable by reason of the fact that the claim to enforce the contract had become barred by limitation 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. .....

In Re: K.L. Gauba

Court : Mumbai

Reported in : AIR1954Bom478; (1954)56BOMLR838; ILR1955Bom11

..... 19.section 31 of the indian contract act recognises contingent contracts as valid, and the contract of the client with mr. ..... gauba, however, changed his mind and did not apply to the supreme court as he had originally proposed to do and so the matter came before us for final disposal on april 8, 1954.9. ..... chief justice maclean, who delivered the principal judgment of the full bench observed that it is professional misconduct for an advocate to agree with his client to accept as his fee a share of the property, fund or other matter in litigation for his services as advocate in such litigation upon the successful issue thereof.in -- 'r, an advocate, in re air 1939 mad 772 (e) a full bench of the madras high ..... the respondent then asked the client to put down the proposal and its terms in his own words and that is how the agreement in question came to be executed.4. ..... negotiations were carried on with the company on this basis and on january 23, 1953, the client agreed to the terms proposed by the company and signed the said terms.under this agreement the client was entitled to receive rs. ..... this is the procedure which, we propose to follow in the present case.in this connection we would like to mention the fact that this application had been fixed for hearing on march 12, 1954. ..... i agree, to the order proposed by my learned brother.38. ..... we do not, therefore, propose to consider the american decisions to which mr. ..... that is why we propose to deal with the arguments urged before us by mr. .....

Union of India Vs. L.S.N. Murthy and anr.

Court : Supreme Court of India

Reported in : 2012(1)KLT1(SN); 2012(1)CTC329; 2012(1)LW221; 2012(1)SCC718; 2012(1)MLJ819

..... he submitted that the arbitrator has held that even though the contract was void under section 70 of the indian contract act, 1892, the appellant is liable to pay compensation to the respondent no.2 for the supply of fruits made by respondent no.2 to the appellant and to the security deposit with interest at the rate of 18% per annum to the respondent no.2. 6. ..... the arbitrator has further held that under article 13(3)(a) of the constitution of india, law includes a notification of the government and therefore the letter dated 31.08.1990 of the government of india, ministry of defence was law and as the consideration or object of the agreement between the appellant and the respondent no.2 defeated a provision of law, the agreement was void under section 23 of the indian contract act. ..... for deciding whether an agreement is void and is not enforceable, we have to refer to section 23 of the indian contract act, which is quoted hereinbelow: 23. ..... on issue no.3, the arbitrator has held that the contention of respondent no.2 regarding ase specification no.68 and the note thereto failed because respondent no.2 has accepted and signed the chart and performed his part of the contract upto june, 2000. ..... the facts in brief are that in august, 1999, the appellant invited tenders for supply of fresh fruits for its troops for the period from 01.10.1999 to 30.09.2000 and respondent no.2 amongst others submitted tenders and the tender of respondent no.2 was accepted. .....