Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 50 performance in manner or at time prescribed or sanctioned by promisee Court: kerala Page 1 of about 8 results (0.098 seconds)

Sujir Ganesh Nayak and Co., Quilon Vs. National Insurance Co. Ltd., Ca ...

Court : Kerala

Reported in : AIR1996Ker49; [1996]85CompCas531(Ker)

..... on the ground that the court had not taken into consideration the fact that under the english law there was no provision like section 28 of the indian contract act and the supreme court was of the view that the various english decisions were not appropriate for deciding the effect of section 28 for the construction of ..... air scw 1827) the supreme court was of the view that a clause restricting the period of limitation to file suit would be hit by section 28 of the indian contract act. that was a case where the food corporation of india appointed millers for procuring, hulling and supplying rice on certain conditions. the insurance company on behalf of these ..... appellant that even if it is assumed that clause 19 restricts the period of limitation for filing the suit, the same is opposed to section 28 of the indian contract act.6. the counsel for the respondent --insurance company relied on a full bench decision of the punjab high court reported in pearl insurance company v. atmaram, air .....

Moideen Koya Vs. K.Girish Kumar

Court : Kerala

..... duty is not chargeable under article 35(c) of schedule ia of the indian stamp act, 1899 and the amount of security deposit paid for the due performance of the contract of lease is chargeable under article 57 of the schedule read with section 5 of the act. government letter dated 24.2.1983 addressed to the inspector general of registration ..... 1980, delhi 249, the following principles may be observed while classifying lease deeds. (1) duty is not chargeable under art, 35(c) of schedule ia of the indian stamp act, 1899 on the amounts of security/deposit/advance, which is refundable on determination of the lease, in addition to the duty paid on the rent reserved under article 35(a ..... the lease is granted for a fine or premium or for money advanced in addition to rent reserved. fine is not defined in either t.p. act, 1882 or in the indian stamp act, fine in relation to leases is something which is to go irrevocably into the pocket of the landlord who requires it as a condition of consenting to .....

Paulose Vs. State of Kerala

Court : Kerala

Reported in : 2005(3)KLT850

..... general powers are given by section 29. section 29(r) is to the following effect:-29(r) 'for the forfeiture notwithstanding provisions to the contrary contained in the indian contract act, 1872 or in any other law, of the whole or any portion of the kists deposited by persons who purchase the right to sell toddy, arrack, foreign liquors or ..... shops (disposal in auction) rules have been brought in exercise of such powers, and the non obstante clause puts them beyond the reach or restriction of the indian contract act. it is evident that the attention of the division bench, while bhavani amma's case was being considered had not been brought to existence of the above section ..... bench, by order dated 13.6.2002. the learned judge had recorded that the arguments urged by the petitioners with reference to sections 73 and 74 of the indian contract act were to be noticed. the scope and impact of the amendment to rule 13 of the abkari shops departmental management rules, 1972, also were to be looked .....

P.P.Suresh Vs. The Welfare Fund Inspector

Court : Kerala

..... matter of debate but in a case of this nature there cannot be any doubt that the impugned rules are also contrary to the provisions of the indian contract act as also the specific relief act, 1963." in fact, the hon'ble supreme court declared that the aforesaid provision is ultra vires for the obvious w.p.(c).no.19204/2005 ..... by s.23 of the indian contract act. so long as the contract of employment in a particular trade is not prohibited either in ..... right of the citizens to enter into any contract, unless it is expressly prohibited by law or is opposed to public policy, cannot be restricted. such a power to enter into a contract is within the realm of the indian contract act. it has not been and could not be contended that a contract of employment in the toddy shops would be hit .....

Kochi Refineries Limited., Vs. M/s. Reva Enviro Systems (P) Ltd.,

Court : Kerala

..... instructions to bidders for revoking or cancelling ext.c1 bid, before the appellant accepting the offer made by them. 18. as per section 4 of the indian contract act, 1872 communication of a proposal is complete when it comes to the knowledge of the person to whom it is made. similarly, the communication of an acceptance is ..... parties arises only on such confirmation being given by the higher authority and as such there is no concluded contract till such confirmation or approval by the higher authority. 20. as per section 7 of the indian contract act, 1872 in order to convert a proposal into a promise the acceptance must be absolute and unqualified; be express ..... rs.23,20,000/- to the appellant cannot be termed either perverse or patently illegal, warranting an interference under section 34(2) of the act. since there is no contract for payment of interest for damages, the arbitrator has declined interest till the date of claim and also interest pending arbitration proceedings and awarded 8% .....

Dr. M.i. Itty Vs. Kerala Financial Corporation,

Court : Kerala

..... surety is discharged. the apex court also negatived the contention that by reason of the non-availability of the security in terms of section 141 of the indian contract act, 1872, the contract of guarantee stood frustrated. therefore, the guarantors cannot be heard to contend that as the security offered by the company, the principal debtor, has been ..... the principal debtors and that they have waived all their rights as sureties which they are otherwise entitled to enforce under sections 140 and 141 of the indian contract act, 1872. therefore, the guarantors cannot contend that upon payment of the balance amount due from the company they will be vested with all the rights which ..... in existence and its assets have been sold, the right of the surety to proceed against the principal debtor recognised under sections 140 and 141 of the indian contract act, 1872 has been lost. in such circumstances, it cannot be said that the sureties are liable to be proceeded against, it is contended. ext.r1(a) .....

Financial Service Executives Welfare Association Vs. Life Insurance Co ...

Court : Kerala

..... it is against public good. such a clause, therefore, is opposed to public policy and being opposed to public policy, it is void under section 23 of the indian contract act." 23. there cannot be any dispute to the proposition laid down by the apex court in the above judgment. rule 9(i), which came up for consideration ..... notice. the apex court in the said case has laid down that such clause is opposed to public policy and void in view of section 23 of the indian contract act. the apex court held that rule 9(i) was violative of articles 14 and 16 of the constitution of india and it confers an absolute, arbitrary and ..... be regularised in the service of the corporation? iii. whether exhibit p1 scheme, which mentions the engagement of contractual appointment, is illegal, arbitrary and violative of the contract labour abolition act, 1970? iv. whether the fses are entitled to be granted the benefit of provident fund, maternity leave, gratuity etc.? 10. before we consider the respective submissions .....

Thaikandiyil Parambath Assiya Vs. Mannamchalil Rajeevan and anr.

Court : Kerala

Reported in : II(1993)DMC490

..... price paid by the purchaser. as observed by the privy council in muralidhar chatterjee v. international film co., ltd. (air pc 34) sections 64 and 65 of the indian contract act do not refer by the words 'benefit' and ''advantage' to any question of 'profit' or 'clear profit' nor does it matter what the party receiving the money ..... for it;(b) that the agreement sought to be enforced against him in the suit is void by reason of his not having been competent to contract under section 11 of the indian contract act, 1972 (9 of 1972), the court may, if the defendant has received any benefit under the agreement from the other party, require him to ..... in three sections viz. (1) section 35 of the transfer of property act. (2) section 64 of the indian contract act, and (3) section 41 of the specific relief act, 1877 corresponding to section 33 of the specific relief act, 1963. section 35 of the transfer of property act reads :'where a person professes to transfer property which he has no right .....

S.M. Kadirsa Rawther Vs. K. Shanmugha Mudaliar

Court : Kerala

Reported in : AIR1960Ker188

..... , the promise implies also a promise to pay where the creditor resides or carries on business. 6. on a consideration of the language of section 49 of the indian contract act and of the several deci-sions bearing on the point, it seems to me that two conditions must exist to attract that section or its particular application in the ..... obligation is to deliver heavy or bulky goods he must procure the creditor to appoint a place to receive them' and they go onto say that section 49 of the indian contract act seems to lay down a reasonable rule for all cases without distinction. after all, as pointed out by yahya ali, j. in galley and co. v. appala swami ..... english common law rule of a debtor having to seek his creditor is no more than a particular application of the general principle embodied in section 49 of the indian contract act which as observed by the privy council in the case already mentioned, applies equally to the delivery of goods as to the payment of money. the english rule .....

Ayissa and anr. Vs. Prabhakaran

Court : Kerala

Reported in : AIR1971Ker239

..... is sufficient answer to the calcutta decision in (air 1948 cal 269). it therefore follows that the agreement executed by defendant is one which comes under section 65 of the indian contract act, 1872 and if the agreement was 'discovered' to be void later by parties coming to know that it was impossible of performance, then defendant may be liable to disgorge the ..... see' no reason to agree with the view taken by the calcutta high court. i do not see any justification for reading such an exception to section 65 of the indian contract act. 1872.8. the decision of the privy council in ((1903) 30 ind app 114) (pc), was referred to by the pafna high court in abhi singh v. daso bhogta. ( ..... to was impossible on the date of ext. a-1, but could have discovered the fact later. that would be sufficient to attract section 65 of the indian contract act, 1872 and if it is so attracted, then this is a case where plaintiffs will be entitled to call upon the defendant to pay back the amount received by him .....