Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 50 performance in manner or at time prescribed or sanctioned by promisee Page 28 of about 271 results (1.637 seconds)

Ghosh Singh Partners Ltd. Vs. Union of India (Uoi)

Court : Kolkata

Reported in : AIR1959Cal287

..... complying with article 299(1), would not bind the union government, the supreme court also observed that section 230(3) of the indian contract act would apply to, contracts of that character and that the case of such contracts was exactly the kind of case that section 230(3) was designed to meet. this observation, causes some doubt as to what the real view of ..... them was that the principal could not be sued upon them, but they added that the contracts could be enforced under section 230(3) of the indian contract act against the officer who had actually entered into the contracts and who was government's agent. this view would seem to imply that non-compliance with the provisions of article 299(1), would not prevent a .....

Sivakumar Vs. Shriram Chits Tnadu Pltd

Court : Chennai

..... debtor could be maintained. at this juncture, it is worthwhile to extract the judgment rendered by this court in gopilal j nichani's case, "section 128 of the indian contract act talks of only one thing and that is about the liability of the guarantor as being co-extensive with that of the principal debtor. the word 'co-extensive' is ..... decree. since the judgment of the apex court is directly on the point, it is not possible for me to make a different view interpreting section 128 of the indian contract act, as is sought to be done by the learned counsel for the petitioner. on this ground alone, this civil revision petition is liable to be dismissed.8. following ..... is the duty of the surety to pay the decreetal 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 against the .....

Lt. Cdr. M.C. Kendall Vs. S. Chandrasekhar

Court : Karnataka

Reported in : ILR1991KAR4142; 1992(1)KarLJ604

..... of a further formal agreement is made at condition or term of the bargain and if the formal agreement is not approved and signed there is no concluded contract.' (indian contract act by pollock & mulla, 9th edition, page 84).'the circumstance that the parties do intend a subsequent agreement to be made is evidence to show that they ..... upon the approval of the title by the solicitor, but of simply fixing the time for the payment of the purchase money without waiting for a conveyance.' (indian contract act by pollock and mulla, 9th edition, page 88-89).' 25. before examining the correctness or otherwise of the finding given by the learned civil judge, particularly ..... plaintiff in ex.p-1. even if there were to be such a stipulation as pointed out earlier with reference to the observation in the book 'indian contract and specific relief acts (10th edition) at page 107' and culled out earlier, the same will not have the effect of rendering the completeness of the agreement conditional to .....

Mohammed Abdul Azeem and Another Vs. M/s. South India Prime Tannery Pv ...

Court : Andhra Pradesh

..... study the law on the subject time is essence of the contract'. for our study, contracts can be divided into two categories: 1) contracts which do not stipulate any time for performance of the terms. 2) the contracts which stipulate such time. a) the first category of contracts are covered by sec.46 of indian contract act, 1872, which reads thus: section 46 - time for performance of promise, where ..... with reference to the facts and circumstances of that case. c) the second category of contracts are covered by section 55 of indian contract act, 1872, which reads thus: section 55 - effect of failure to perform at fixed time, in contract in which time is essential: when a party to a contract promises to do a certain thing at or before a specified time, or certain things .....

Morepen Laboratories Ltd Vs. Phafag Ag and ors

Court : Delhi

..... 7). consequently, the question of the respondents 1 and 2 having failed to prove the actual loss suffered by them for the purpose of section 73 of the indian contract act, 1872 did not arise at all.32. in the considered view of the court, the learned arbitrator has not decided any issue or awarded any amount beyond the scope ..... by the learned arbitrator under issue (8), is damages. this was not within the scope of the reference and in any event contrary to section 73 of the indian contract act, 1872. there was no proof of any loss suffered by the respondents 1 and 2 and therefore, the award was contrary to the public policy of india.31. ..... of presenting the defence had not been given to morepen. it further argued that in awarding damages, the arbitrator overlooked the principles embodied in section 73 of the contract act and ignored that phafag had not led any evidence to prove its claim. the single judge, in the impugned judgment, rejected morepens contentions, evident from the following .....

Rose Fernandez Vs. Joseph Gonsalves

Court : Mumbai

Reported in : AIR1925Bom97; (1924)26BOMLR1035; 85Ind.Cas.587

..... suit. the punjab chief court held that the suit was maintainable on the ground that contrary to the principle of english common law, 'consideration,' as defined in the indian contract act, need not proceed from the promisee, but may proceed from a third person, and that the consideration in the suit had proceeded partly from the promisee and partly ..... from the principles applicable to the case of a breach of marriage in england, although he held that all consequential damages, if proved under section 73 of the indian contract act to flow as the ordinary result from the breach, would be recoverable by the plaintiff. i do not agree with mr. justice kemp if he meant to ..... that in india it would be considered to be for the benefit of the minor, the principle which i have just enunciated is stated in pollock and mulla's indian contract act at p. 75 under the heading of 'specific performance.' mr. judah for the defendant contended that the observations of the learned authors at that page refer only .....

Steel Bros. and Co. Limited Vs. Dayal Khatav and Co.

Court : Mumbai

Reported in : AIR1924Bom247; (1923)25BOMLR1063

..... the seller as well as his own; or, he may treat the repudiation as a wrongful putting an end of the contract, and may at once bring his action as on a breach of it: indian contract act, section 39; frost v. knight (1872) l.r. 7 ex. 111. in the latter case, the repudiation operates as a waiver of conditions precedent to be ..... performed by the seller; the buyer cannot, after repudiation, set up as a defence to the action for damages that the goods were not in conformity with the contract: braithwaite v. ..... is doubtful, but not where the meaning is plain: nor is it admissible to enlarge or vary the terms of the contract. to admit it in the latter case would be to contravene the provisions of section 92 of the indian evidence act, 1872: haji mahomed haji jiva v. e. spinner i.l.r. (1901) 24 bom. 510; ford v. yates (1841) .....

Steel Bros. and Co. Ltd. Vs. Dayal Khatav and Co.

Court : Mumbai

Reported in : 87Ind.Cas.67

..... treat the repudiation as a wrongful putting an end of the contract, and may at once bring his action as on a breach of it: indian contract act, section 39; frost v. knight (1872) 7 ex. 111 : 41 l.j. 78 : 26 l.t. 77 : 20 w.r. 471. in the latter case, the repudiation ..... goods, the buyer clearly shows his intention not to be bound by and to repudiate the contract, it amounts to a breach of the contract: indian contract act, section 120. in such a case the seller may treat the notice of intention as inoperative, in which case he keeps the contract alive for the benefit of the seller as well as his own; or, he may ..... is doubtful but not where the meaning, is plain nor is it admissible to enlarge or vary the terms of the contract. to admit it in the latter case would be to contravene the provisions of section 92 of the indian evidence act, 1872: haji mahomed haji jiva v. spinnar and co. 24 b. 510 : 2 bom.l.r. 691 : 12 ind. dec. (n .....

The Arvind Mills Ltd Versus Department of Telecommunications (Dot) and ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... concerned, there is no qualitative difference in the nature of the claim whether whether it be so liquidated 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 stipulations providing for payment of liquidated damages and stipulations in the nature of ..... 10.3.2005, 15.3.2005 and 15.2.2006 demanding penalty. the petitioner contends that having regard to the provisions contained in section 74 of the indian contract act, no penalty can be imposed in view of the fact that the respondent had levied penal interest on the amount of the alleged shortfall in license fee. ..... 526 (of scr)= (at p.1411 of air): section 74 of the indian contract act deals with the measures of damages in two classes for cases (i) where the contract names a sum to be paid in case of breach, and (ii) where the contract contains any other stipulations by way of penalty **** the measure of damages in .....

Siddhivinayak Realties Pvt. Ltd. Vs. V. Hotels Limited and Others

Court : Mumbai

..... closure as required by mapa and accordingly the question of the petitioners being in default could not and did not arise. it is submitted that under section 39 of the indian contract act, 1872, there must be not only categorical refusal to perform by the promisor of his promise in entering but there has to be an acceptance of such repudiation by promisee ..... to the terms of the agreement. by virtue of section 4 of the transfer of property act the chapters and sections of the transfer of property act which relate to contracts are to be taken as part of the indian contract act, 1872. if, therefore, under the terms, of the contract the obligations of the parties have to be performed in a certain sequence, one of the ..... to emphasise that so far as the courts in this country are concerned, they must loot primarily to the law as embodied in sections 32 and 56 of the indian contract act, 1872." we hold, therefore, that the doctrine of frustration is really an aspect or part of the law of discharge of .....