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 4 of about 73 results (0.358 seconds)

industrial Finance Corporation of India Ltd. Vs. the Cannanore Spinnin ...

Court : Supreme Court of India

Reported in : AIR2002SC1841; 2002(3)ALD113(SC); 2002(2)ARBLR676(SC); II(2002)BC430(SC); [2002]110CompCas685(SC); (2002)4CompLJ337(SC); JT2002(4)SC318; (2002)3MLJ144(SC); 2002(3)SCALE574;

..... very attractive proposition at this juncture- thus it becomes rather imperative to note section 141 of the contract act in extenso for the purposes of appreciation of the rival submissions made in regard thereto. section 141 of the indian contract act, 1872 reads as under:'141. surety's right to benefit of creditor's securities - a surety is entitled ..... be convenient to note the true effect of sections 139 and 140 of the indian contract act, 1872 as well, which read as under : '139. discharge of surety by creditor's act or omission impairing surety's eventual remedy, - if the creditor does any act which is inconsistent with the rights of the surety, or omits to do any ..... to the benefit of every security which the creditor has against the principal debtor at the time when the contract of suretyship is entered into, whether the .....

Michael Golodetz and ors. Vs. SerajuddIn and Company

Court : Supreme Court of India

Reported in : AIR1963SC1044; [1964]1SCR19

..... observed that it was conceded by the advocate general appearing on behalf of the appellants that the entire matter would be governed by the indian laws, the indian arbitration act and the indian contract act and on that account also the discretion of the court to refuse to stay the suit should be exercised. the high court accordingly ..... would be governed by the indian law, the matter of arbitration by the indian arbitration act, and the other matters under the aforesaid contract by the indian contract act, x x x x so far as the rights and obligations under the disputed contract are concerned, the parties must now be taken to have accepted the indian contract act as the relevant law ..... any of the aforesaid matters was in new york. they also submitted that the proper law applicable to the contract dated july 5, 1955 was the indian law and that the indian law of contracts would govern the rights and obligations of the parties. they also contended that the suit raised difficult questions of .....

Maharashtra State Electricity Board, Bombay Vs. Official Liquidator, H ...

Court : Supreme Court of India

Reported in : AIR1982SC1497; 1983(0)KLT1(SC); 1982(2)SCALE875; (1982)3SCC358; [1983]1SCR561; 1982(14)LC839(SC)

..... e. the guarantor. under section 128 of the indian contract act, the liability of the surety is co-extensive with that of the principal debtor unless it is otherwise provided by the contract. a surety is no doubt discharged under section 134 of the indian contract act by any contract between the creditor and the principal debtor by which ..... the principal debtor is released or by any act or omission of the creditor, the legal consequence of which ..... the said maharashtra state electricity board, bombay on behalf of m/s. cochin malleables (private) ltd., trichur, who have tendered and/or contracted or may tender or contract hereafter for supply of materials equipment or service to the maharashtra state electricity board and have been exempted from payment of earnest money and/or .....

Union of India (Uoi) Vs. Amar Singh

Court : Supreme Court of India

Reported in : AIR1960SC233; [1960]2SCR75

..... goods delivered to the administration to be carried by railway shall, subject to the other provisions of the act, be that of a bailee under sections 151, 152 and 161 of the indian contract act, 1872. under s. 151 of the indian contract act, the bailee is bound to take such care of the goods bailed to him as a man ..... or goods delivered to the administration to be carried by railway shall, subject to the other provisions of the act, be that of a bailee under s. 151, 152 and 161 of the indian contract act, 1872. section 148 of the indian contract act defines 'bailment' thus : 'a 'bailment' is the delivery of goods by one person to another for some ..... purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the .....

Oil and Natural Gas Corporation Ltd. Vs. Saw Pipes Ltd.

Court : Supreme Court of India

Reported in : AIR2003SC2629; 2003(3)ALD82(SC); 2003(2)ARBLR5(SC); (2003)3CompLJ1(SC); [2003(4)JCR148(SC)]; JT2003(4)SC171; 2003(4)SCALE92; (2003)5SCC705; [2003]44SCL89(SC); [2003]3SCR691

..... there is no qualitative difference in the nature of the claim whether it be for liquidated damages or for unliquidated damages. section 74 of the indian contract act eliminates the somewhat elaborate refinements made under the english common law in distinguishing between stipulates providing for payment of liquidated damages and stipulations in the nature ..... 1929 in bhai panna singh and ors. v. bhai arjun singh and ors. , wherein the privy council observed thus:--'the effect of section 74, contract act of 1872, is to disentitle the plaintiffs to recover simplicitor the sum of rs. 10,000/- whether penalty or liquidated damages. the plaintiffs must prove the damages ..... given full opportunity to present his case. section 19 sepcifically provides that arbitral is not bound by the code of civil procedure, 1908 or the indian evidence act, 1872 and parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting its proceedings. failing any agreement between the .....

Bhagwandas Goverdhandas Kedia Vs. Girdharilal Parshottamdas and Co. an ...

Court : Supreme Court of India

Reported in : AIR1965SC543; [1966]1SCR656

..... which he had no control ?"17. dunlop v. higgins(1) is the leading case in english common law and it was decided prior to 1872 when the indian contract act was enacted. till 1872 there was only one case in which a contrary view was expressed (british and american telegraph co. v. columbus)(1) but it was disapproved ..... interpretation given without considering the language of our act.28. in my opinion, the language of s. 4 of the indian contract act covers the case of communication over the telephone. our act does not provide separately for post, telegraph, telephone or wireless. some of these were unknown in 1872 and no attempt has been made to modify ..... the appeal therefore fails and is dismissed with costs. hidayatullah, j. where and when is the communication of an acceptance complete under the indian contract act, when parties complete their contract by long distance telephone on the answer to this question depends the jurisdiction of the court trying the suit giving rise to this appeal. a .....

Bank of Bihar Ltd. Vs. Dr. Damodar Prasad and anr.

Court : Supreme Court of India

Reported in : AIR1969SC297; 1969(17)BLJR437; [1969]39CompCas133(SC); [1969]1SCR620

..... duty of the surety to pay the decretal amount. on such payment he will be subrogated to the rights of the creditor under section 140 of the indian contract act, and he may then recover the amount from the principal. the very object of the guarantee is defeated if the creditor is asked to postpone his remedies ..... fulfilled. neither the principal debtor nor the surety discharged the admitted liability of the principal debtor in spite of demands. under section 128 of the indian contract act, save as provided in the contract, the liability of the surety is co-extensive with that of the principal debtor. the surety became thus liable to pay the entire amount. ..... the decree order that payment of the amount decreed shall be postponed or shall be made by instalments, with or without interest, notwithstanding anything contained in the contract under which the money is payable.' for making an order under order xx, rule 11(1), the court must give sufficient reasons. the direction postponing payment .....

Mithoolal Nayak Vs. Life Insurance Corporation of India

Court : Supreme Court of India

Reported in : AIR1962SC814; [1962]32CompCas177(SC); [1962]Supp2SCR571

..... fraudulently made by mahajan deolal. fraud, according to s. 17 of the indian contract act, 1872 (ix of 1872), means and includes inter alia any of the following acts committed by a party to a contract with intent to deceive another party or to induce him to enter into a contract - (1) the suggestion, as to a fact, of that which is ..... in our opinion, no question of waiver arises in the circumstances of this case, nor can the appellant take advantage of the explanation to s. 19 of the indian contract act. 13. our finding on the first question makes it unnecessary for us to decide the second question, namely, whether the present appellant merely gambled on the life ..... form and the personal statement, even though those answers were inaccurate. learned counsel for the appellant has referred us to the explanation to s. 19 of the indian contract act in support of his argument. we are unable to accept this argument as correct. it is indeed true that mahajan deolal was examined by as many as four .....

National Textile Corporation (Gujarat) Ltd. Vs. State Bank of India an ...

Court : Supreme Court of India

Reported in : AIR2006SC2927; [2006]134CompCas164(SC); (2006)6CompLJ448(SC); JT2006(7)SC285; 2006(7)SCALE627

..... court, tribunal, officer or authority, but the same had nothing to do with the adjustment of accounts in terms of the provisions of the indian contract act, 1872. section 59 of the indian contract act provides for application of payment where debt to be discharged is indicated. section 60 thereof provides for application of payment where debt to be ..... that the authorized controller had renewed the loan taken by the owner, the facilities continued and in that view of the matter sections 60 and 61 of the indian contract act would become applicable.27. in the union of india v. kishorilal gupta and bros. : [1960]2scr569 , upon which mr. sundaravardan placed strong reliance, wherein ..... basis, (iii) in any event, as part of the amount to be paid had been apportioned for past dues in terms of section 60 of the indian contract act, this court should not interfere with the impugned judgment.14. mr. t.l. vishwanatha iyer, the learned senior counsel appearing for the bank of baroda, supplemented .....

Enercon (India) Ltd and ors Vs. Enercon Gmbh and anr

Court : Supreme Court of India

..... the court has to concern itself with. the court in this case, according to dr. singhvi, is not required to determine whether there is a concluded contract, under the indian contract act, 1872. the court has to see whether there is a valid arbitration agreement. dr. singhvi emphasised that it is for the arbitrator to decide the question with ..... being performed , in terms of sections 14, 15, 16, 17, 18, 19 and 20 of the indian contract act, 1872. these provisions set out the impediments, infirmities or eventualities that would render a particular provision of a contract or the whole contract void or voidable. section 14 defines free consent; section 15 defines coercion in causing any person to enter ..... incapable of being performed as it violates any of the provisions under sections 14, 15, 16, 17, 18, 19, 19a and 20 of the indian contract act, 1872. the submission is that the matter cannot be referred to arbitration as the ipla, containing the arbitration clause/agreement, is not a concluded .....