Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 50 performance in manner or at time prescribed or sanctioned by promisee Page 26 of about 271 results (0.129 seconds)

The Black Sea Steamship U.L. Lastochkina Odessa, Union of Soviet Socia ...

Court : Andhra Pradesh

Reported in : AIR1976AP103

..... can take cognizance of a dispute and try, the parties would be at liberty to choose one forum and such choice would not be repugnant to section 28 of the indian contract act. this distinction by the lower court is on the ground that all those decisions dealt with situations where both the forums were in india itself. but in the present case ..... providing that all claims and disputes in regard to the bill shall be judged in the u.s.s.r. this condition is not repugnant to section 28 of the indian contract act as it is open to the parties to agree to one of the two forums available to them. it is thus urged that condition no. 26 should be given its ..... at visakhapatnam where the goods were delivered. the petitioner's seek to exclude the visakhapatnam court's jurisdiction on the basis of condition no. 26.6. section 28 of the indian contract act makes void agreements in restraint of legal proceedings. this hurdle is sought to be got over by contending that when more than one forum is available t the .....

Addepally Nageswara Rao and Brothers Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Reported in : [1971]79ITR306(AP)

..... the parties is not given freely, the contractis still enforceable but at his option.28. competency of the parties is the subject-matter of sections 11 and 12 of the indian contract act. consent as effected by various circumstances is dealt with in sections 13 to 22. likewise, lawfulness of the object and consideration is dealt with in sections 23 to 25. while ..... to the benefits of the firm.26. in determining whether an agreement is enforceable, that is, whether it is a contract, section 10 of the indian contract act requires that the following four conditions must be considered : (1) competency of the parties to the contract; (2) freedom of consent of the parties ; (3) lawfulness of the consideration ; and (4) the lawfulness of the object.27 .....

Percept D'Markr (India) Pvt. Ltd. Vs. Zaheer Khan and Anr.

Court : Supreme Court of India

Reported in : AIR2006SC3426; 2006(2)ARBLR34(SC); 2006(2)AWC1869(SC); 2006(5)BomCR322; (2006)5CompLJ224(SC); 2006(1)CTLJ100(SC); (2006)4MLJ1695; 2006(3)SCALE324; (2006)4SCC227

..... respondent was allowed and the learned division bench found clause 31(b) to be void under section 27 of the indian contract act, 1872. mr. desai then argued the scope and effect of section 27 of the indian contract act, 1872. according to him, section 27 deals with restraint of trade and not with promotion or regulation of trade. the ..... , learned senior counsel, appearing for the appellant submitted that the high court has failed to appreciate the true legal meaning and effect of section 27 of the indian contract act, 1872. he submitted that an agreement of 'first option' or the 'right of first refusal' of the kind contained in the promotion agreement dated 01.11.2000 ..... entered into between the appellant - percept d. markr (india) pvt. ltd. and the respondent no. 1 - zaheer khan is void under section 27 of the indian contract act, 1872 has been in restraint of trade. it was submitted by learned senior counsel for the appellant - mr. ashok h. desai that the provision such as the right of .....

Narinder Kumar Malik Vs. Surinder Kumar Malik

Court : Supreme Court of India

Reported in : 2009(6)ALT1(SC); 2010(2)MhLJ15(SC); 2009(1)SCALE388; (2009)8SCC743; 2009AIRSCW6561

..... terms and conditions of the mou by the respondents and a party in breach can hardly seek to enforce a contract. therefore, the mou does not amount to novation of contract as envisaged under section 62 of the indian contract act. the contention of mr. ranjit kumar is, therefore, legally untenable.34. however, even without referring to the aforesaid ..... mr ranjit kumar, learned senior advocate contended that in view of the mou signed by the parties the original contract stood substituted by the mou and it is a fit case where section 62 of the indian contract act can be invoked. we have already said that there was no concluded settlement or novation. even otherwise, there has ..... respondent within the stipulated time. instead, the same was done much after the last/stipulated date.27. to ascertain if the time was the essence of the contract, we have to go through condition no. (iii) of the mou which categorically mentions that the second party, viz., the respondent herein shall make the payment .....

Ansal Properties and Industries Pvt. Ltd. Vs. Anand Nath and ors.

Court : Delhi

Reported in : ILR1992Delhi540

..... be said that there is any invalid or unlawful consideration involved in this agreement between the parties on which account it is hit by sections 23 and 24 of the indian contract act. both the issues are answered accordingly. issue no. 19(49) it is argued under this issue on behalf of the defendants that the sale deed was to be executed ..... for the agreement in dispute and under issue no. 18, it is to be seen whether the agreement is void and in violation of sections 23 and 24 of the indian contract act. the sub-mission on behalf of the defendants is that clause xiii of the agreement ex. public witness 1/1 contemplates delivery of possession prior to the execution and ..... .(63) the objection on behalf of the defendants is, that the impugned agreement dated 6-7-1977 is contrary to section 11 of the indian contract act (ic act for short) and sections 6 and 11 of the hmg act insofar as it purpoports to be signed on behalf of the minor and the lunatic and, thereforee, the same is void. i am unable .....

Union Bank of India Vs. M/S. J.B. Khanna and Co. and Others

Court : Mumbai

Reported in : AIR1996Bom409; (1996)98BOMLR46

..... bank is bound by only the terms of bank guarantee and must pay the amount as agreed in the bank guarantee.in pollock and mulla's commentary on indian contract act, (vol. ii) eleventh edition, at page 942 it is stated as follows:--'in face of an unequivocal understanding by the bank to pay the amount of ..... 2 c lj 265, nangia construction (india) (p) ltd. v. national. buildings construction corporation ltd., the court was concerned about interpretation of section 126 of the indian contract act and also about the bank guarantee produced in that case. the facts of that case are distinguishable. however, the learned counsel for the second defendant placed reliance that ..... 'd' dated 7-8-1969 is the bank guarantee executed by the plaintiff. it is mentioned in the first para that for the performance of the contract between the government of maharashtra and the first defendant in respect of constructing bridge across moohemad creek at vengurla-reddyroad in ratnagiri district, the plaintiff/bank had .....

Punjab National Bank Ltd. Vs. Shri Vikram Cotton Mills and anr.

Court : Supreme Court of India

Reported in : AIR1970SC1973; [1970]40CompCas927(SC); (1970)1SCC60; [1970]2SCR462

..... was not a party to the bond, and that the bond was only a bilateral agreement between the bank and ranjit singh.9. section 124 of the indian contract act defines a 'contract of indemnity'. a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other ..... company, ranjit singh became a surety.12. the extent of the liability of ranjit singh under the terms of the bond must, therefore, be determined. section 128 of the indian contract act provides that the liability of the surety is co extensive with that of the principal debtor, unless it is otherwise provided by the ..... company had entered into an agreement with the lessee. the scheme was sanctioned by order of the high court of allahabad dated may 21, 1956 under section 391 of the indian companies act, 1956 after rejecting the opposition of the bank.4. the bank then filed a suit in the court of the civil judge. malihabad, lucknow, against the company and .....

Union of India and Others Vs. R.P. Yadav

Court : Supreme Court of India

Reported in : AIR2000SC2252; JT2000(6)SC371; 2000(4)SCALE600; (2000)5SCC325; [2000]Supp1SCR196; (2000)3UPLBEC2174

..... . it is obvious, therefore, that the representation made by the government to shri ranbir chandra was a 'misrepresentation' within the meaning of section 18(1) of the indian contract act, 1872, because it was a positive assertion in a manner not warranted by the information of the government of that which was not true, though the government in 1950-51 ..... lease in favour of klw. the suit filed by klw was decreed by the trial court. on appeal, the high court held that the contract was void under section 20 of the indian contract act as both parties were under a mistake of fact as regards the title of the government to the subject-matter of the proposed leases.57. ..... is contractual in nature and their engagement is for a specified period only. as such the provision of the indian contract act are applicable and it is a well settled principle of law that 'once an offer is accepted, it becomes a contract and the party making the offer cannot resile from the offer. 53. as a general principle, this .....

HDFC Bank Ltd. Vs. Rohan Dyes and Intermediates Ltd.

Court : Mumbai

..... thereof. an ancillary argument to this is that if no physical delivery was required then the same would amount to wagering contract which would be squarely hit by section 30 of the indian contract act, 1872. 14. i am unable to agree with this submission. it is common knowledge that any derivative transactions, essentially of ..... was no underlying exposure, the contract was, per se, speculative and a wagering contract, hit by section 30 of the contract act. therefore, it is necessary to analyse whether the contract in question is hit by section 23 and/or section 30 of the contract act. 54. though the indian contract act, 1872 defines a contingent contract under section 31, it ..... the respondent company with the petitioner bank is void-ab-initio, illegal and unenforceable as it amounts to a wagering contract , and therefore, hit by the provisions of section 30 of the indian contract act, 1872. 21. the next submission canvassed by mr cama was that the claim made in the present company petition was .....

Govindram Seksaria Vs. Edward Radbone

Court : Mumbai

Reported in : (1948)50BOMLR561

..... fulfil all the guarantees under the agreement dated september 9, 1038.'18. at this time neither party seems to have realised the effect of section 05 of the indian contract act, but it is to be noted that even at this early stage the appellants were raising the vital point as to the value of the machinery on their ..... documents, which will be considered later, their lordships feel no doubt that the decision of blagden j. was correct. the result of section 65 of the indian contract act was that, as from september 3, 1939, each of the parties became bound to restore to the other any advantage which the restoring party had received under the ..... consignments did not reach india and no further deliveries under the contract were made. section 65 of the indian contract act provides as follows :when an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement or contract is bound to restore it or to make compensation for it, .....