Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 50 performance in manner or at time prescribed or sanctioned by promisee Court: jharkhand

Allahabad Bank and anr. Vs. Mecon

Court : Jharkhand

Reported in : AIR2005Jhar54; II(2005)BC387; [2005(1)JCR265(Jhr)]

..... want of commission; (e) the bank illegality, unilaterally and arbitrarily deducted bank commission on the guaran- tees ignoring the provisions of section 73 of the indian contract act; (f) bank guarantee commission cannot be charged by the ap- pellant on the basis of norms and practice.25. the learned senior counsel for the ..... the appellant-defendant had no alternative but to deduct the bank commission from the fdrs. in this connection, learned senior counsel referred to. section 171 of the indian contract act, which is quoted hereinbelow :'171. general lien of bankers, factors, wharfingers, attorneys and policybrokers.-bankers, factors, wharfingers, attorneys of high court and policy- ..... to withhold the same as it failed to pay the charges towards bank's commission against bank guarantees by the defendant under the provision of indian contract act. the defendant being a bank is very much within its right to realize its dues. accordingly relief claimed by the plaintiff is not maintainable. .....

Food Corporation of India and anr. Vs. Bhagwan Das Sao and anr.

Court : Jharkhand

Reported in : [2007(4)JCR325(Jhr)]

..... the excess amount. the law implies debt and this gives occasion to the appellants in the equity of the plaintiffs case as it was upon a contract.section 72 of the indian contract act deals with the liability of a person to whom money is paid or thing delivered by mistake or under coercion and it lays down that a ..... on the ground that the findings are against the weight of evidence on record and are against the principles of law applicable under the provisions of section 72 of the indian contract act. sri n. bak-shi, learned counsel for the appellants explains that as per the tender relating to the previous year i.e., for the years 1986-88, ..... had, observed that the defendants cannot avail the benefit of the provisions of section 72 of the indian contract act since there was no mistake relating to the terms of previous contract or in respect of the amount of bills payable under the previous contract, nor were the defendants coerced to pay the money to the plaintiff. the learned court below .....

Ms Om Prakash Singh Buildcon Pvt Ltd Represented Through Its Director ...

Court : Jharkhand

..... cannot compel the petitioner to execute the agreement, which is against the provisions of forest conservation act and indian forest act.18. section 56 of the indian contract act provides that if the performance of contract become unlawful, due to some subsequent act then the same is void. as noticed above, in the instant case, the divisional forest officer ..... know that lands of six villages involved in the project -7- are forest land, therefore, as per section 19 of the indian contract act the petitioner is not bound by the aforesaid contract. accordingly,the petitioner informed the respondents that the petitioner is not interested in the execution of the agreement, because the respondents had ..... that lands of six villages involved in the project are forest lands.16. section 19 of the indian contract act provides that if consent of a party to an agreement taken by mis-representation of fact, then the contract is voidable at the option of the party, whose consent was so taken. thus, the party .....

Bishwanath Agarwala Vs. State Bank of India and anr.

Court : Jharkhand

Reported in : AIR2005Jhar69; III(2005)BC217; [2005(2)JCR232(Jhr)]

..... the respondent no. 1 submitted that liability of the surety is co-existence with principal debtor. learned counsel further drew my attention to section 129 of the indian contract act which is quoted hereinbelow :--'129. 'continuing guarantee'.--a guarantee which extends to a series of transactions, is called a 'continuing guarantee'.'which shows that the guarantee ..... terms of the agreement, hence due to variation in the terms of the agreement, without his consent, in view of sections 133 and 139 of the indian contract act, his liability stands revoked and he stands discharged from the liability as guarantor. now the following issue arise for determination in this appeal :1. whether the ..... the liability of suretiship to the loan?7. whether the suit is barred as against the defendant no. 2 under sections 133 and 139 of the indian contract act as against the defendant no. 2?(8) to what other relief or reliefs is the plaintiff entitled?7. while deciding issues, the learned court below decreed .....

Jibrail Mian and anr. Vs. Lalu Turi and ors.

Court : Jharkhand

Reported in : AIR2004Jhar139; [2004(3)JCR139(Jhr)]

..... or mistake. fraud means and includes any other acts committed by a party to a contract with intent to deceive another party to the contract. section 17 of the indian contract act, 1872 defines 'fraud' and it includes such act which intends to deceive another party and also any other act fitted to deceive. in other to constitute fraud, such acts should have been done by the party to the ..... deed is void. it is the settled principle of law that all agreements are contracts if they are made by the free consent of the parties competent to contract, for a lawful consideration and with a lawful object, and are not expressly declared to be void under the indian contract act, 1872. a consent is said to be free when it is not caused by coercion .....

New Engineering Works and Asl Motors Pvt. Ltd. Vs. the State of Jharkh ...

Court : Jharkhand

Reported in : 2008(56)BLJR2898; [2008(4)JCR5(Jhr)]

..... t. agreement) are unconstitutional and violative of articles 14, 19(1)(g), 21, 298 and 300a of the constitutional of india and section 23 of the indian contract act, 1872 as the same are unjust, unfair, unreasonable and against the public interest and further for quashing the final demand bill dated 05.02.2008 and 18.2 ..... and 9 of the h.t. agreement entered into by and between the petitioners and the respondent-board are unconstitutional and unsustainable under section 23 of the indian contract act on the ground that the said clauses are unjust, unfair, unreasonable and against the public policy7. admittedly, with full knowledge and consciousness, the petitioners entered ..... for payment of minimum guarantee charges for the rest of the period of agreement as being violative of the provisions of the constitution of india and the contract act.3. the respondent-board, in the counter-affidavit, has denied and disputed the allegation that there had been frequent power tripping. the duration of the .....

Adarsh Paper Board Co. Pvt. Ltd. and ors. Vs. Bank of India and ors.

Court : Jharkhand

Reported in : II(2008)BC593; 2008(56)BLJR461; [2008(1)JCR236(Jhr)]

..... has no cause of action against the contesting defendants and also that the suit is barred by limitation and under the provisions of the bihar money lenders act and indian contract act as well as on the principle of waiver and estoppel. the contesting defendants had also pleaded specifically that the suit is bad for non-joinder of necessary ..... has the plaintiff cause of action for the suit?3. is the suit barred by limitation?4. is the suit barred by bihar money lenders act?5. is the suit barred by indian contract act?6. is the suit barred by principles of waiver and estoppel?7. is the suit barred by non-joinder of necessary parties?8. are the ..... is accepted, yet the bank's prayer for relief against the contesting defendants / appellants cannot succeed. this is for the reason, that there was no privity of contract between the bank and the present appellants / contesting defendants.14. the specific stand of the contesting defendants is that they had purchased the unit of the defendant no. .....

Smt. Normi Topno Vs. the State of Jharkhand Through Its Secretary, Dep ...

Court : Jharkhand

Reported in : 2008(56)BLJR289; [2008(1)JCR381(Jhr)]

..... must repay/return it. the said principle of section 72 of the indian contract act will also apply to this case. this point has already been decided in patna full bench judgment reported in 2007 ..... to a person by mistake cannot confer any right on the recipient or act as an estoppel against the person, who by mistake has granted such wrong benefit. section 72 of the indian contract act provides that when a person to whom money has been paid by mistake ..... bihar state electricity board 2007 (3) pljr 398 in order to show the existence of the powers under section 72 of the contract act to recover the excess payment after retirement either on mistake of law or on mistake of fact.45. we are unable to accept ..... granted any liberty to deduct or recover the excess amount paid by way of increments at an earlier point of time. the act or acts on the part of the appellant board cannot under any circumstances be said to be in consonance with equity, good conscience and .....

Bank of India Vs. Aswi Electricals,

Court : Jharkhand

Reported in : 2009(57)BLJR616; [2009(1)JCR444(Jhr)]

..... to secure the aforesaid two loans from the plaintiff bank?7) is the statement of account correct?8) whether the suit is barred under the provisions of section 10 of indian contract act?9) whether the plaintiff bank in collusion with b.s.f.c. violated the order of hon'ble court passed in c.w.j.c. no. 111 of 1998 ..... liability of the defendant under the surety bond.... we hold that the suit to enforce the liability is governed by article 115 and the cause of action arises when the contract of continuing guarantee is broken, and in the present case we are of the view that so long as the account remained live account, and there was no refusal ..... committed grave error of law in dismissing the suit on the aforesaid grounds.12. at this stage, i would first like to refer section 20 of the negotiable instruments act, 1881 which reads as under:20. inchoate stamped instruments,--where one person signs and delivers/to another a paper stamped in accordance with the law relating to negotiable instruments .....

Unity Infraprojects Ltd Thr Its Authorized Signatory Cum Deputy Genera ...

Court : Jharkhand

..... the bank guarantee and/or enforcing the bid security, there is no statutory right, exercise of which was being fettered. there is no term in the contract which is contrary to the provisions of the indian contract act. the indian contract act merely provides that a person can withdraw his offer before its acceptance. but withdrawal -28- of an offer, before it is accepted, is a completely ..... right to claim that the earnest/security be returned to him. forfeiture of such earnest/security, in no way, affects any statutory right under the indian contract act. such earnest/security is given and taken to ensure that a contract comes into existence. it would be an anomalous situation that a person who, by his own conduct, precludes the coming into existence of the .....