Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 52 order of performance of reciprocal promises Page 1 of about 146 results (0.088 seconds)

Ministry of Defence, Government of India Vs. Cenrex Sp. Z.O.O and Othe ...

Court : Delhi

..... weeks plus 30 days to open the l.c.s. 7. it is also, at this stage, necessary to refer to and reproduce sections 51, 52 and 54 of the indian contract act, 1872 inasmuch as these provisions will be relevant to determine the issue as to whether or not it was the petitioner or the respondent no.1 who was guilty of breach ..... how the arbitrators could have at all reached at such a conclusion in the face of section 52 of the indian contract act, 1872 which provides that contract when provides the stages of performance then performances have to be in the order provided under the contract. in fact, the majority award reverses the logic on its head for the benefit of respondent no.1 herein ..... such that losses cannot be easily calculated, the amount claimed as liquidated damages can be claimed as per section 74 of the indian contract act, 1872 without proving and showing how much loss has been caused vide oil and natural gas corporation ltd. vs. saw pipes ltd., (2003) 5 scc 705. discussion on this is .....

Nalamothu Venkaiya, S/O. Late Sri N. Subbarayudu (Died) and N.J. Lalit ...

Court : Andhra Pradesh

Reported in : AIR2005AP535; 2005(5)ALD767; 2005(6)ALT585

..... agreed in the suit agreement.23. with regard to reciprocal promises, the learned counsel for the respondent submits that the terms of the contract would fall under section 51 of the indian contract act, 1872, in view of the fact that the payment of rs 32.00 lakhs is only on the execution of the power of attorney in ..... the vendee. but, to rebut the said contention, the learned senior counsel relies on section 52 of the indian contract act, 1872 and submits that the order of performance have to be with reference to the clauses of the contract and they have to be performed in the same order. in this regard, a division bench of this ..... rao alias rajababu and ors. : air1998ap6 discussed about the order of performance by quoting sections 51, 52 & 54 of indian contract act.at this juncture it is necessary to refer to the section 52 of the indian contract act and the relevant clauses of the agreement of sale, which are extracted hereunder;'section 52:- order of performance reciprocal promises, and .....

Villa Moda General Trading Co. W.L.L. and anr. Vs. Chordia Fashions Pv ...

Court : Mumbai

Reported in : 2005(3)BomCR41

..... parties of the order in which the reciprocal promises were to be performed, the rights would be governed by section 51 and section 52 of the indian contract act, 1872 (for short 'the contract act') which read as follows:- 51. promisor not bound to perform, promisor not bound to perform, promisor not bound to perform, unless reciprocal promisee ready ..... not expressly fixed by the contract, they (mutual promises) shall be performed in that order which ..... are to be performed is expressly fixed by the contract, they shall be performed in that order; and where the order is not expressly fixed by the contract, they shall be performed in that order which the nature of the transaction requires. section 52 of the contract act provides that where the order of performance is .....

Managing Director, Kerala State Small Industries Development and Emplo ...

Court : Kerala

Reported in : [1991]70CompCas437(Ker)

s. padmanabhan, j. 1. the provisions of sections 51 - 54 of the indian contract act, 1872, embody a code of principles about contracts involving reciprocal promises. section 52 only postulates that if the order of performance is fixed in the contract itself, such order has necessarily to be followed because that is the order which the parties wanted and agreed to be followed. if no ..... principles relied on by the first defendant who is the appellant. by virtue of section 4 of the transfer of property act, the chapters and sections thereof which relate to contracts are to be taken as part of the indian contract act if obligations are to be performed in a certain sequence, one of the parties cannot require compliance with the obligations by ..... done was only performance on the part of the appellant of its promise to pay the amount. the question of application of section 52 or 54 of the contract act does not arise. the suit was, therefore, rightly decreed.5. the appeal is dismissed with costs.

i.C.M. Airport Technics Vs. International Airport Authority of India

Court : Delhi

Reported in : 2006(1)ARBLR146(Delhi)

..... in this behalf, the arbitrator, in my considered view rightly so, has considered the effect of the provisions of section 52 of the indian contract act, 1872 (hereinafter to be referred to as, 'the contract act') to the come to the conclusion that the nature of transaction has to be determined by the order in which promises had to be ..... perform its promises until and unless the respondent was willing to perform its reciprocal promises. in view of the provisions of sections 54 and 55 of the contract act, the petitioner was entitled to claim compensation for any loss which it may have sustained, especially when the petitioner had given written notices in the form of ..... these letters have been produced on record and have been considered by the arbitrator.11. at this stage, it may be noticed that section 51 of the contract act provides that a promisor is not bound to perform, unless reciprocal promises ready and willing to perform his promises. section 52 provides that where the order in .....

Pushkarnarayan S. Maheshwari Vs. Kubrabai Gulamali

Court : Mumbai

Reported in : (1969)71BOMLR769

..... of british india but was an independent state in the malayan peninsula, and the case was, therefore, decided in accordance with the english common law, as the indian contract act was not applicable to the same. the facts of that case were that the collector of land revenue had, by a letter written in answer to an ..... , in english law, it is necessary for a plaintiff to prove readiness and willingness to perform his part of the contract only in cases where the contract consists of concurrent obligations which are the same as what the indian contract act calls reciprocal obligations' to be simultaneously performed. mr. diwan cited the english case of howe v. smith (1884) 27 ..... ch. d. 89 which was also a case of a contract for the sale of land in which the purchaser being not ready with his purchase .....

Vegi Venkateswara Rao Vs. Vegi Venkatarama Rao Alias Rajababu and ors.

Court : Andhra Pradesh

Reported in : AIR1998AP6; 1997(4)ALT821

..... reasons, we are fully convinced that the suit was premature as on the date of its institution. we answer this point accordingly.18. sections 51 - 58 of indian contract act, 1872 deal with performance of reciprocal promises. of them, sections 51, 52 and 54 are alone relevant for the purpose of the present case. section 51 deals with a ..... counsel for the appellant (1st defendant) has given up one main plea that the suit is not maintainable against the 1st defendant as there was no privity of contract between him and the plaintiff. he was fair enough to state that the plea of discharge set up by the 1st defendant cannot be sustained. finally, he confined ..... registered deed of partition among his sons and other members of his family. then, in the year 1956 the plaintiff and the defendants started varieties of business, including contracts in the name and style of m/s. veerinaidu and sons, a partnership firm and acquired considerable movable as well as immovable properties. in the year 1960, they .....

The Andhra Pradesh Mineral Development Corporation Ltd. rep. by its Vi ...

Court : Andhra Pradesh

..... applied for delivery first, he could not insist upon the performance by the seller of his obligation to supply; a parallel could be drawn therefrom to section 54 of the indian contract act 1872; the only ground on which the plaintiff can be refused to be heard, on the question of the order of performance of reciprocal obligations, is waiver; while the ..... of the submission that such a contention can be urged for the first time during the course of hearing of these appeals, is misplaced. section 93 of the indian contract act (act ix of 1872), as it then stood, provided that, in the absence of a special promise, the seller of the goods was not bound to deliver them until the buyer ..... the nature of interest which had already been awarded but was in addition to it; and it was too remote a claim to be allowed under section 73 of the indian contract act. in koufos vs. czarnikov (the heron ii (1969(1) ac 350 (hl)the loss of profits, suffered on account of fluctuation in the price of sugar by .....

Espn Software India Pvt. Ltd. and Another Vs. Wire and Wireless India ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... the court, for reasons to be recorded, thinks fit to grant such adjournment.] [explanation - an agreement or compromise which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule;] [3a. bar to suit - no suit shall lie to set aside a ..... 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 parties to the contract cannot require compliance with the obligations by .....

M/s. Mascon Multiservices and Consultants Pvt. Ltd. Vs. Bharat Oman Re ...

Court : Mumbai

..... under clause 47 and was, therefore, barred from making such a claim. mr. andhyarujina would argue that clause 47 is void under section 28(b) of the indian contract act, 1872. section 28 of the ica runs thus: 28. agreements in restraint of legal proceedings, void. every agreement, (a) by which any party thereto is restricted absolutely ..... of objects and reasons runs thus: statement of objects and reasons the law commission of india has recommended in its 97th report that section 28 of the indian contract act, 1872 may be amended so that the anomalous situation created by the existing section may be rectified. it has been held by the courts that the said section ..... approach may be sound in theory but, in practice it causes serious hardship and might even be abused. 2. it is felt that section 28 of the indian contract act, 1872 should be amended as it harms the interests of the consumer dealing with big corporations and causes serious hardship to those who are economically disadvantaged. 3. the .....