Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 50 performance in manner or at time prescribed or sanctioned by promisee Page 1 of about 271 results (0.145 seconds)

Bilash Chandra Roy Vs. Rajendra Chandra Das Roy

Court : Kolkata

Reported in : (1924)ILR51Cal776

..... valid receipt for arrears of revenue, but on whether the payment was made in a manner and at a time prescribed or sanctioned by government. section 50 of the indian contract act, ix of 1872, provides: 'the performance of any promise may be made in any manner or at any time which the promisee prescribes or sanctions'. illustration (d) to that section ..... he entered into an agreement and took action to enable the first defendant to buy the estate at a low price and that he did this thinking he was acting in the plaintiff's interest. the trouble probably arose on the first defendant demanding an amount which the plaintiff thought unreasonable. as regards the fourth, fifth and sixth ..... to a letter from the plaintiff received some time previously. exhibit 14 also shows from its reference to several matters that this defendant's denial that he was then acting as the plaintiff's revenue agent is false. the contents of the second postcard, exhibit 17, are not what he would have written if, as he says .....

Bilas Chandra Roy Vs. Rajendra Chandra Das Roy and anr.

Court : Kolkata

Reported in : AIR1924Cal839

..... valid receipt for arrears of revenue, but on whether the payment was made in a manner and at a time prescribed or sanctioned by government. section 50 of the indian contract act, ix of 1872 provides. 'the performance of any promise may be made in any manner or at any time which the promisee prescribes or sanctions.' illustration (d) to the section ..... he entered into an agreement and took action to enable the first defendant to buy the estate at a low price, and that he did this thinking he was acting in the plaintiff's interest. the trouble probably arose on the first defendant demanding an amount which the plaintiff thought unreasonable. as regards the fourth, fifth and sixth ..... to a letter from the plaintiff received sometime previously. exhibit 14 also shows' from its reference to several matters that this defendant's denial that he was then acting as the plaintiff's revenue agent is false. the contents of the second post card exhibit 17 are not what he would have written if, as he says .....

The Commissioner of Income-tax, Bombay South, Bombay Vs. Ogale Glass W ...

Court : Supreme Court of India

Reported in : AIR1954SC429; (1954)56BOMLR1196; [1954]24CompCas520(SC); [1954]25ITR259(SC); [1955]1SCR185

..... the creditor the debtor performs his obligation in the manner prescribed and sanctioned by the creditor and thereby discharges the contract by such performance (see section 50 of the indian contract act and illustration (d) thereto). 31. sri kolah points out that when the indian contract act, 1872, was passed, the indian post-office act, 1866, was in force. he has taken us through the relevant provisions of that old ..... act and he points out that those provisions were quite different from those of the present act. according to him illustration (d) to section 50 of the indian contract act must .....

Commissioner of Income-tax, Bombay South, Bombay Vs. Ogale Glass Works ...

Court : Supreme Court of India

Reported in : [1954]25ITR529(SC); 1954(II)MhLj67

..... of the creditor the debtor performs his obligation in the manner prescribed and sanctioned by the creditor and thereby discharges the contract by such performance [see section 50 of the indian contract act and illustration (d) thereto].sri kolah points out that when the indian contract act, 1872, was passed, the indian post office act, 1866, was in force. he has taken us through the relevant provisions of that old ..... act and he points out that those provisions were quite different from those of the present act. according to him illustration (d) to section 50 of the indian contract act must, after .....

S Daya Singh & Sons(huf) and Others vs.m/s Som Datt Builders Pvt Ltd.

Court : Delhi

..... .7,000/- per sq. ft. is a reasonable rate. on that basis, loss of profits are awarded to the builder. under section 65, of the indian contract act, 1872, illustration no.(d) makes it clear that if a contract is void or becomes void due to any circumstances, no loss of profits are liable to be awarded. section 65 and illustration no.(d) is extracted ..... 41 builder to obtain the sanctions/approvals, does not mean that time was not of the essence in the contract. even presuming that time was not prescribed, the same has to be read as being reasonable time under section 46 of the indian contract act, 1872 which reads as under: 46. time for performance of promise, where no application is to be made and no .....

M/s. Mascon Multiservices and Consultants Pvt. Ltd. Vs. Bharat Oman Re ...

Court : Mumbai

..... under clause 47 and was, therefore, barred from making such a claim. mr. andhyarujina would argue that clause 47 is void under section 28(b) of the indian contract act, 1872. section 28 of the ica runs thus: 28. agreements in restraint of legal proceedings, void. every agreement, (a) by which any party thereto is restricted absolutely ..... of objects and reasons runs thus: statement of objects and reasons the law commission of india has recommended in its 97th report that section 28 of the indian contract act, 1872 may be amended so that the anomalous situation created by the existing section may be rectified. it has been held by the courts that the said section ..... approach may be sound in theory but, in practice it causes serious hardship and might even be abused. 2. it is felt that section 28 of the indian contract act, 1872 should be amended as it harms the interests of the consumer dealing with big corporations and causes serious hardship to those who are economically disadvantaged. 3. the .....

India Builders Corporation Rep. by Its Managing Partner, Mr. Ziaulla S ...

Court : Karnataka

Reported in : ILR2009KAR4028

..... stated under explanation ii to section 44a c.p.c. it is also not possible to hold that decree sustains a claim founded on breach of section 74 of the indian contract act. for these reasons, points 2 & 3 are answered in the negative.reg: point nos. 4 & 5:22. it is the contention of judgment-debtor (india ..... v. the proceedings is which judgment is obtained are opposed to principles of natural justice. the judgment sustains a claim founded on breach of section 74 of the indian contract act.vi. the witness statement stated to have been made by mr. ziaulla sheriff is a concocted document.9. sri udaya holla, learned senior counsel appearing for ..... awarded by the high court of justice, chancery division, london. the judgment awarding damages as aforesteted does not contravene provisions of section 74 of the indian contract act. the parties had entered into contract in u.k., in respect of property situate at u.k. therefore, adjudication of damages by applying english law cannot be termed as breach of .....

Sabina D'Costa Vs. Joseph Antony Noronha

Court : Karnataka

Reported in : AIR1984Kant122; 1983(1)KarLJ452

..... be obliged to return rs. 10,000/- received as advance. the decision so rendered is in accordance with the letter and sprint of section 74 of the indian contract act, the provisions of which are applicable. to the facts of the present case. in that view. i hold that there is no reason for me to interfere ..... in the caw, fateh chand v. balkishan dan, air 1969 sc 1405. 'in pars, 8 of the judgment, has ruled thus:'section 74 of the indian contract act is clearly an attempt to eliminate the somewhat elaborate refinements made under the english common law in distinguishing between stipulations providing for payment of liquidated damages and stipulations in ..... ex cathedra firmly establish the proposition that if what is contemplated in the agreement is by way of penalty, then section 74 of the indian contract act would come into 'play. but, if the contract is such as damages cannot be ascertained, then, if the parties predestinated the damages and the same appears reasonable, that amount shall .....

Ministry of Defence, Government of India Vs. Cenrex Sp. Z.O.O and Othe ...

Court : Delhi

..... weeks plus 30 days to open the l.c.s. 7. it is also, at this stage, necessary to refer to and reproduce sections 51, 52 and 54 of the indian contract act, 1872 inasmuch as these provisions will be relevant to determine the issue as to whether or not it was the petitioner or the respondent no.1 who was guilty of breach ..... how the arbitrators could have at all reached at such a conclusion in the face of section 52 of the indian contract act, 1872 which provides that contract when provides the stages of performance then performances have to be in the order provided under the contract. in fact, the majority award reverses the logic on its head for the benefit of respondent no.1 herein ..... such that losses cannot be easily calculated, the amount claimed as liquidated damages can be claimed as per section 74 of the indian contract act, 1872 without proving and showing how much loss has been caused vide oil and natural gas corporation ltd. vs. saw pipes ltd., (2003) 5 scc 705. discussion on this is .....

Meenakshinada Deikshtar Vs. Murugesa Nadar and anr.

Court : Chennai

Reported in : AIR1970Mad391

..... that generally apply to restitution, penalty or liquidated damages.'7. notwithstanding the above principle that deposit or earnest money is outside the pale of section 74 of the indian contract act, yet does it follow that a suitor in a case for the refund of deposit is entitled to a decree merely for the asking of it in spite ..... the case of an earnest money is based on a principle completely independent of the considerations that are laid down in sections 64, 65, 73 or 74 of the indian contract act.in fact, an earnest money, belonging as it does to a class of its own, namely, that of deposit, is regulated and controlled by considerations which are ..... contentions of the parties are adverted to, it is convenient to note : [1964]1scr515 , and analyse its import. according to the supreme court, section 74 of the indian contract act made an inroad into refinements of english common law, which always maintain a marked distinction between liquidated damages and penalty. in the case of breach of .....