Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 50 performance in manner or at time prescribed or sanctioned by promisee Court: supreme court of india Page 1 of about 73 results (0.624 seconds)

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 .....

Amrit Lal Goverdhan Lalan Vs. State Bank of Travancore and ors.

Court : Supreme Court of India

Reported in : AIR1968SC1432; [1968]38CompCas751(SC); [1968]3SCR724

..... of ex. p-4 to indicate that the appellant is not entitled to invoke the provisions of s. 141 of the indian contract act. in this connection it is necessary to consider the provisions of s. 140 of the indian contract act, 1872 which states : 'where a guaranteed debt has become due, or default of the principal debtor to perform a guaranteed duty has ..... against the principal debtor' makes it pain that even without the necessity of a transfer, the law vests those rights in the surety. section 141 of the indian contract act, 1872 states : 'a surety is entitled to the benefit of every security which the creditor has against the principal debtor at the time when the ..... to make up the deficit in the quantity of goods absolved the appellant of all liability under the guarantee. reference was made to s. 135 of the indian contract act which states : 'a contract between the creditor and the principal debtor, by which the creditor makes a composition with, or promises to give time to, or not to sue, the .....

Bcpp Mazdoor Sangh and anr. Vs. N.T.P.C. and ors.

Court : Supreme Court of India

Reported in : AIR2008SC336; JT2007(12)SC156; 2007(12)SCALE204; 2008(1)SLJ319(SC); 2007AIRSCW6879

..... void. while the law 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. in order that such a contract should be void, it must fall under one of the relevant sections of the indian contract act. the only relevant provision in the indian contract act which can apply is section ..... in all purposes.27. the materials placed clearly show that clause 14 referred to above is against public policy and contrary to section 23 of the indian contract act as well as violative of article 14 of the constitution of india for the reason that undue influence was exercised by ntpc management and the selected ..... and balco, clause 14 of the appointment letter and undertakings obtained by ntpc is illegal and is contrary to the provisions of section 23 of the indian contract act. in this connection, reliance was placed on a judgment of this court rendered in the case of central inland water transport corporation limited and anr. v .....

Central Inland Water Transport Corporation Limited and anr. Vs. Brojo ...

Court : Supreme Court of India

Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC)

..... a declaration that clause (1) of rule 9 of the 'service, discipline & appeal rules - 1979' of the central inland water transport corporation limited is void under section 23 of the indian contract act, 1872, as being opposed to public policy and is also ultra vires article 14 of the constitution to the extent that it confers upon the corporation the right to terminate the ..... was supported by mutuality inasmuch as it conferred an equal right upon both parties to terminate the contract of employment, that the grounds which render an agreement void and unenforceable are set out in the indian contract act, 1872 (act no. ix of 1872), that unconsionability was not mentioned in the indian contract act as one of the grounds which invalidates an agreement, that the power conferred by rule 9 .....

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

Court : Supreme Court of India

..... . while the law 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. in order that such a contract should be void, it must fall under one of the relevant sections of the indian contract act. the only relevant provision in the indian contract act, which can apply is ..... another (a) where he holds a real or apparent authority over the other .... we need not trouble ourselves with the other sections of the indian contract act except sections 23 and 24. section 23 states that the consideration or object of an agreement is lawful unless inter alia the court regards it as ..... concerns the public good and the public interest. action has to be subservient to public policy. this court in the context of contract act and public policy made the following observations: 92. the indian contract act does not define the expression "public policy" or "opposed to public policy." from the very nature of things, the expressions .....

Naresh Chandra Sanyal Vs. Calcutta Stock Exchange Association Ltd.

Court : Supreme Court of India

Reported in : AIR1971SC422; [1971]41CompCas51(SC); (1971)1SCC50; [1971]2SCR483

..... money or other property already delivered. duty not to enforce the penalty clause but only to award reasonable compensation is statutorily imposed upon courts by 74 of the indian contract act. in all cases, therefore, where there is a stipulation in the nature of penalty for forfeiture of an amount deposited pursuant to the terms of a ..... contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled, ..... exchange to forfeit the shares arises out of the articles and its source is in contract. forfeiture of share is in the nature of imposition of a penalty. section 74 of the indian contract act provides :when a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or if the .....

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

Court : Supreme Court of India

..... of any law in force for the time being as to references to arbitration. 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; ..... attached to the office referred to in explanation i or whether or not such office is attached to a particular place. 8 hereinafter the contract act . the relevant portion of section 28, indian contract act, 1872 reads: 28. agreements in restraint of legal proceedings, void. every agreement, (a) by which any party thereto is restricted absolutely from ..... or not. 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 .....

Mcdermott International Inc. Vs. Burn Standard Co. Ltd. and ors.

Court : Supreme Court of India

Reported in : 2006(5)ALD84(SC); 2006(2)ARBLR498(SC); (2007)1CALLT36(SC); (2007)3CompLJ213(SC); (2006)4MLJ456(SC); 2006(6)SCALE220; (2006)11SCC181; 2005(10)SCC353

..... transport corporation ltd. v. brojo nath ganguly : (1986)iillj171sc wherein the applicability of the expression 'public policy' on the touchstone of section 23 of the indian contract act and article 14 of the constitution of india came to be considered. this court therein was dealing with unequal bargaining power of the workmen and the employer and ..... at because of the unequal bargaining power would not only be ultra vires article 14 of the constitution of india but also hit by section 23 of the indian contract act. in ongc (supra), this court, apart from the three grounds stated in renusagar (supra), added another ground thereto for exercise of the court's jurisdiction ..... arbitrator as also by the learned single judge.we, therefore, are of the opinion that in the instant case the second part of section 55 of the indian contract act would be attracted and not the first part.whether time was the essence of contract58. the question which, further, arises for consideration is as to whether .....

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

..... the consideration or object of an agreement is said to be unlawful. every agreement of which the object or consideration is unlawful is void. section 23 of the indian contract act inter alia states that the consideration or object of an agreement is lawful, unless the consideration or object of an agreement is of such a nature that, if ..... is void and is not enforceable in law. 9. 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. what consideration and objects are lawful, and what not - the consideration of object of an agreement is lawful, unless - it is ..... 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. in our considered opinion, the arbitrator has failed to appreciate not only the provisions of article 13(3)(a) of the constitution but also of section 23 .....