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 .....
Tag this Judgment!Court : Chennai
Reported in : (1915)ILR38Mad178
..... way of penalty.38. as i said in the beginning, i find it difficult to hold that no principle was laid down by any of the sections of the indian contract act which could be applied to stipulations for forfeiture of deposit money except the general principle that the bargain between the parties must be strictly enforced. sections 64 and 65 of ..... that in a question such as this it was not the intention of the legislature to depart from what was understood to be the english law at the time the indian contract act was passed. it is also to be observed, as wallis, j., points out, that though several cases as to the right to recover deposits have been decided in ..... , again, in my opinion, does not affect the question we have to decide.4. i agree that the question must be determined with reference to the provisions of the indian contract act and that if they are in conflict with the english law as laid down in the english authorities, we must follow the statute.5. i think, however, it may safely .....
Tag this Judgment!Court : Chennai
Reported in : (1913)24MLJ488
..... way of penalty.37. as i said in the beginning, i find it difficult to hold that no principle was laid down by any of the sections of the indian contract act which could be applied to stipulations for forfeiture of deposit money except the general principle that the bargain between the parties must be strictly enforced. sections 64 and 65 of ..... that in a question such as this it was not the intention of the legislature to depart from what was understood to be the english law at the time the indian contract act was passed. it is also to be observed, as wallis j. points out, that though several cases as to the right to recover deposits have been decided in ..... . this, again, in my opinion, does not affect the question we have to decide4. i agree that the question must be determined with reference to the provisions of the indian contract act and that if they are in conflict with the english law as laid down in the english authorities, we must follow the statute.5. i think, however, it may safely .....
Tag this Judgment!Court : Chennai
Reported in : 45Ind.Cas.942
..... instead of only rs. 100 under the heading (a).12. as stated by my lord in his judgment, the law as to this subject is to be found in the indian contract act, section 73 and in the illustrations thereto. the plaintiffs are by the section entitled to have compensation for the loss or damage caused' to them by the breach, the loss ..... house of lords that there is a difference where delivery is only delayed, but that is not the case here, and, also, we are bound by the terms of the indian contract act.4. when there is no market for the goods at the place of delivery, the buyer may procure a substitute at a higher cost if it is a reasonable and ..... put before him the proper materials for estimating the damages, and the plaintiffs have appealed.2. the law as to this subject is to be found inspection 73 of the indian contract act and the explanation there to. under the body of the section the damages are to be those which naturally, arise in the usual course of things from the breach which .....
Tag this Judgment!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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Chennai
Reported in : (1918)ILR41Mad709
..... instead of only rs. 100 under the heading (a).14. as stated by my lord in his judgment, the law as to this subject is to be found in the indian contract act, section 73, and in the illustrations thereto. the plaintiffs are, by the section, entitled to have:compensation for the loss or damage caused to them by the breach, the loss ..... . milburn (1886) 18 q.b.d. 67 approved by the house of lords in williams brothers v. agius (1914) a.c. 510 and applied by the judicial committee under the indian contract act in jamal v. moolla dawood sons and co. i.l.r. (1916) cal 493. this is the rule in cases of non-delivery. it has recently been stated in the ..... put before him the proper materials for estimating the damages, and the plaintiffs have appealed. the law as to this subject is to be found in section 73 of the indian contract act and the explanation thereto. under the body of the section the damages are to be those which naturally arise in the usual course of things from the breach or which .....
Tag this Judgment!Court : Chennai
Reported in : (2009)2MLJ644; 2009CIJ243Madras
..... first respondent ought not to have registered the said document as the same is opposed to public policy and also contrary to the indian contract act, the transfer of property act and the indian registration act; more particularly, section 32a of the indian registration act and so, the registration of the cancellation deed to which the petitioner was not a party, is illegal. on these grounds, the petitioner ..... no specific provision for cancellation of a sale in the transfer of property act. section 4 of the said act states that the chapters and sections of the said act which relate to contracts shall be taken as part of the indian contract act. since, a sale is an executed contract, section 62 of the indian contract act is applicable which speaks of conditions under which novation, recession and alteration of .....
Tag this Judgment!Court : Chennai
Reported in : AIR1974Mad233
..... the correspondence that passed between the parties. in our opinion, this argument of the learned counsel for the appellants overlooks the exception to section 74 of the indian contract act, which also we have extracted. that exception takes two categories of instruments out of the scope of the restriction contained in section 74. one category of ..... of law with reference to sections 73, 74 and 75 of the indian contract act.9. even with reference to this judgment, mr. badsha contended that the court has to fix a reasonable compensation not exceeding the amount agreed to between ..... not award him any substantial amount. but that is far different from denying him the right to claim compensation as provided for by section 74 of the indian contract act on the ground that he has not actually suffered any loss or damage". in our opinion, the above extracts from the judgment correctly represent the position .....
Tag this Judgment!Court : Chennai
Reported in : AIR1953Mad3; (1952)IIMLJ270
..... 1878 and 1890) and 'that notwithstanding some ge-neral expressions in the chapter on bailments, a common carrier's responsibility is not within the indian contract act of 1872'".tyabji j. also says the same thing at page 953:"..... it is not open to this court to say that the liability of such carriers as we ..... considerations lead their lordships to the conclusion that the act of 1872 was not intended to deal with the law relating to common carriers and notwithstanding the generality of some expressions in the chapter on bailments, they think that common carriers are not within the act."11. the provisions of the indian contract act referred to above are sections 151 and 152, the ..... have to deal with in this case is governed by section 151 of the indian contract act, after the decision of the privy council in the case of the - 'irrawaddy flottila co v. .....
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