Court : Mumbai
Reported in : AIR1930Bom213; (1930)32BOMLR272
..... kishan das i.l.r. (1897) all. 489 where it was stated that a deposit is a payment actually made or advanced and therefore sections 73 and 74 of the indian contract act have no application in such a case and are not intended to apply to it. these sections show what is the compensation to the seller, who is not responsible for ..... wrong in finding that the forfeiture of this twenty-five per cent, was a reasonable compensation to the respondents for breach of the said contract.10. in the learned trial judge's view section 74 of the indian contract act was applicable, as in his opinion the condition in question was in the nature of a penalty. section 74 does not in terms deal ..... is seeking to recover compensation for the breach. they do not contemplate a case in which a sum of money has been paid by way of earnest. nor is the indian contract act necessarily exhaustive (see p. b. & co. v. bhagwandas i.l.r. (1909) 34 bom. 193 7. furthermore, it is to be noted that in this particular .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1937Bom417; (1937)39BOMLR835
..... light. the deposit ought to be considered on the terms on which it was made,-as resulting from a stipulation by way of penalty within the terms of the indian contract act, section 74. on that stipulation, the defendants were not entitled, in accordance with section 74, to enforce the penalty in terms, but to receive from the ..... from the lower court on the question as to the amount of the compensation that the plaintiffs are entitled to, on the basis of section 70 of the indian contract act, in respect of the beef market and the slaughterhouse put up by the plaintiffs on the municipal sites.13. there is one other point that was argued ..... market and the slaughter-house, the plaintiffs had to fall back upon the provisions of sections 65 and 70 of the indian contract act.3. section 65 of the indian contract act again proceeds on the basis of there having been a contract, so that the plaintiffs cannot claim its benefit. but the other section relied upon,-section 70-applies,-unless the argument .....
Tag this Judgment!Court : Delhi
Reported in : 2008(3)ARBLR57(Delhi); 2008(105)DRJ194
..... a case the party complaining of the breach would be entitled to reasonable compensation not exceeding the penalty stipulated. while considering the provisions of section 74 of the indian contract act, 1872, the supreme court, in fateh chand (supra) observed that although proof of 'actual loss or damage' was dispensed with, there must, however, be ..... for liquidated damages and a stipulation which was in the nature of penalty, were sought to be eliminated by the introduction of section 74 of the indian contract act, 1872. it was also noted that at common law, genuine pre-estimate of damages by mutual agreement was regarded as a stipulation naming liquidated damages and ..... be precluded from considering recent decisions. she also submitted that the ground raised by the petitioner on the basis of provisions of section 55 of the indian contract act, 1872, had been adequately dealt with by the learned arbitrator in the said award. with regard to the third and main ground raised by mr. khorana, .....
Tag this Judgment!Court : Chennai
Reported in : (1913)24MLJ488
..... way of penalty.37. as i said in the beginning, i find it difficult to hold that no principle was laid down by any of the sections of the indian contract act which could be applied to stipulations for forfeiture of deposit money except the general principle that the bargain between the parties must be strictly enforced. sections 64 and 65 of ..... that in a question such as this it was not the intention of the legislature to depart from what was understood to be the english law at the time the indian contract act was passed. it is also to be observed, as wallis j. points out, that though several cases as to the right to recover deposits have been decided in ..... . this, again, in my opinion, does not affect the question we have to decide4. i agree that the question must be determined with reference to the provisions of the indian contract act and that if they are in conflict with the english law as laid down in the english authorities, we must follow the statute.5. i think, however, it may safely .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1918Bom197; (1918)20BOMLR447
..... that there was neither any consideration under section 2, clause (d), nor any promise by the respondents' father in writing under section 25, clause (3), of the indian contract act to enable the promisee to succeed on the respondents' father's promise. moreover, it is to be noted that the suit was against the respondents' father as a surety ..... of a third party. that is plain from the discussion in the judgment as to the comparative extent of the applicability of sections 134 and 137 of the indian contract act. here, however, the facts take the present case entirely out of the reach of the decision in hajarimal's case. for here the facts are that by ..... to have little bearing upon the construction of the sections which govern the present decision. those sections are 126 and 128 of the indian contract act. the former section defines the ' contract of guarantee' as a contract to perform the promise, or discharge the liability, of a third person in case of his default, and section 128 enacts that .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1963MP323
..... might be on the basis of his right as an agent against his principal. we are unable to subscribe to the view that section 222 of the indian contract act can be invoked in favour of the appellant in the present case. therefore, we are of opinion, that the appellant's suit was rightly dismissed by ..... as also the full bench of this court held that the agreement being rendered unlawful under section 23 of the indian contract act could not be enforced in a court of law and, therefore, specific performance of the contract of sale of shares was refused. we may only observe that the reasoning of the learned judges constituting the ..... illegality is even indirectly connected with a perfectly innocent and legal contract, the contract is rendered unlawful or illegal and the court would refuse to enforce such a contract, having in view the provisions of section 23 of the indian contract act, as giving effect to a perfectly legal contract, which is tainted by a collateral illegality or an earlier .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1928Bom539; (1928)30BOMLR1407
..... there is nothing done, and there is no promise made for the benefit of the principal debtor. it is not always easy to construe the provisions of the indian contract act with accuracy, but if it be true that the exceptional cases set out in section 25 are cases of agreements wherein there is no consideration, then, though the ..... section 25. therefore, in her personal capacity defendant no. 1, by executing this promissory note, incurred no liability by virtue of anything contained in section 25 of the indian contract act.16. but it is further urged that there was consideration for the promissory note of another kind. it is said that there was a compromise, viz.. that the ..... not liable for those debts. and if she undertook to pay those time-barred debts, she can only be held liable by virtue of section 25 of the indian contract act. section 25 begins by reciting that an agreement made without consideration is void. that is the general rule laid down, and there follow three cases in which .....
Tag this Judgment!Court : Mumbai
Reported in : (1922)24BOMLR687
..... original date. in england the matter is often complicated by the necessity of considering section 17 of the statute of frauds and section 4 of the sales of goods act, but in the indian contract act there is no section analogous to this. it is not necessary, therefore, to inquire whether plevins v. downing (1876) 1 c.p.d. 220 is ..... of the application...coming from the vendors and one coming from the vendee.9. that opinion was affirmed in the exchequer chamber. the effect of section 55 of the indian contract act above quoted is, where the party having the option elects not to avoid, to put agreement after the original date on the same footing as an agreement, as put ..... not legally bind the plaintiff bo complete it within the time so generously extended by defendant and inlimated to plaintiff months after.8. now apart from the terms of the indian contract act, the law is as laid down in tyers v rosedale & ferryhill iron co. (1875) 10 ex 195 baron martin in that case said :the second question is .....
Tag this Judgment!Court : Mumbai
Reported in : (1921)23BOMLR1144; 66Ind.Cas.726
..... western bank and lindley on companies, vol. i, p. 658.21. the expression 'goods' in section 108 of the indian contract act includes all moveable property. see section 76 of the indian contract act, the general clauses act no. 1 of 1868, section 2, sub-section 6, defines moveable property as meaning property of every descripttion except immoveable property ..... a company shall be moveable property. share certificates are moveable property and are therefore goods within the meaning of section 108 of (he indian contract act. see ill. (a) to section 88 of the indian contract act and hazarimull shohanlal v. hatish chandra ghose i.l.r (1918) cal. 331, counsel for the plaintiff as well as for ..... the defendant admitted that chapter vii of the indian contract act applied to shave certificates. under 8 108 of the indian contract act no seller can give to the buyer of goods a better title than he himself has except in cases falling within the .....
Tag this Judgment!Court : Mumbai
Reported in : (1919)21BOMLR986; 58Ind.Cas.465
..... , i respectfully agree with the learned trial judge that the payments in question cannot be recovered by the plaintiffs under either section 72 or 65 of the indian contract act and that accordingly their claim fails.47. as regards the counter-claim, the position at first sight seems somewhat different, for here it is the defendants ..... i agree with the learned trial judge that the word 'agreement' as used in that section does not apply to the pre-war contracts, for they were 'contracts' within the meaning of the indian contract act and not 'agreements'. as regards the subsequent agreements, the parties knew all the material facts and i doubt whether the words 'discovered to ..... exercised in the present case.40. i am, therefore, of opinion that the agreements entered into by the liquidator with the defendants were 'contracts' within the meaning of the indian contract act and could not be avoided under section 21 as being made under any mistake of law that being so, i am further of opinion that .....
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