Court : Chennai
Reported in : AIR1946Mad300; (1946)1MLJ11
..... and the decision appears to have proceeded to some extent upon the obligation to render accounts and the consequent attraction to it of the provisions of section 213 of the indian contract act. there was however a definite dictum in that judgment that even assuming that the english rule either in terms or by analogy could be applied in this country, it ..... place of the addressee or payee. but apart from this simple and natural way of looking at the thing, a specific provision is found in section 49 of the indian contract act that when a promise is to be performed without application by the promisee and no place is fixed for the performance of it, it is the duty of the ..... circumstances attending on it and the necessities of the case and having regard also to the statutory provisions contained in the civil procedure code and in section 49 of the indian contract act.12. i have adverted already to ex. p-i and ex. p-4 which contain an undertaking on the part of the defendant to pay or remit the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1933Bom407; (1933)35BOMLR881; 145Ind.Cas.619
..... correctness of the decision of macleod j. in shivlal motilal v. birdiohand jivraj is disputed by messrs. pollock and mulla in their commentaries on section 43 of the indian contract act. but even assuming that that decision is binding upon me, and that a subsequent suit is not competent to the promisee after recovering judgment against one of the co ..... khimji v. purshotam haridas, which was followed by the appeal court in motilal bechardass v. ghellabhai hariram i.l.r. (1892) bom. 6 that section 43 of the indian contract act applies as much to partners as to other co-contractors. in a later judgment in lakshmishankar v. vishnuram i.l.r. (1899) bom. 77 1 bom. l.r. ..... majority of the house of lords in kendall v. hamilton (1879) 4 app. cas. 504 lord penzance alone dissenting.3. section 43 of the indian contract act, however, makes the liability on all contracts joint and several, and allows a promisee to sue one or more of the several joint promisors as he chooses, and excludes the right of any .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1963]14STC112(AP)
..... cases in which interest can be claimed under any other provision of law or the court of equity exercises its jurisdiction to allow interest;(iv) section 73 of the indian contract act is only declaratory of the english common law as to damages and does not add a new head of interest awardable at law ; and(v) a suit for ..... the purview of the provision.24. with reference to the divergence of judicial opinion on the question whether interest could be awarded as damages under section 73 of the indian contract act, it was observed that the illustration to section 73 does not deal with the right of a creditor to recover interest from his debtor on a loan advanced to ..... the south eastern railway company [1893] a.c. 429 was followed ;(3) that interest could not be granted by way of damages by virtue of section 73 of the indian contract act, read with illustration (n) to that section; but,(4) where the rent was made a charge on land, interest was awardable on the arrears thereof, though there was no .....
Tag this Judgment!Court : Chennai
Reported in : (1989)2MLJ46
..... contents of ex.d.l, the respondents cannot plead for any relief in the suit. the learned counsel further submits that under section 171 of the indian contract act there is an express contract and as such the principle that the security given by the firm cannot be retained for dues by partners in their individual capacity will not apply to ..... appreciate the arguments of mr. dolia, the learned counsel for appellant, that the sureties had waived the benefits conferred under sections 133,134,136,139 and 140 of the indian contract act. we are of the view that the decision relied upon by the learned counsel for appellant bank, mentioned above, will not apply to the facts of this case.14 ..... be set-off if on evidence it can be shown that a is solely entitled to the amount standing in name of a and b. section 171 of the indian contract act deals with general lien of bankers, factors. wharfingers, attorneys and policy-brokers and it is stated therein that where a member of a firm deposited a lease to .....
Tag this Judgment!Court : Chennai
Reported in : (1896)6MLJ31
..... would be perfectly good in law. a gift such as is evidenced by exhibit a from natural love and affection is expressly sanctioned by section 25, clause 1 of the indian contract act. again, the transaction is not unknown to hindu law, for in the case of ordinary partible property, a father who is sui juris may, and does often, renounce his ..... the extent and in the manner allowed and prescribed by any law for the time being in force. it is further provided by section 11 of the indian contract act that every person is competent to contract who is of the age of majority according to the law to which he is subject. section 12 declares that a person is of sound mind for ..... of sound mind at the [32] date of a within the meaning of section 12 ; and (2).--whether he was disqualified from contracting by any law to which he was subject within the meaning of section 11 of the indian contract act. (his lordship found upon the 1st question that the zemindar was of sound mind at the date of a, and on the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H450
..... be made at the creditor's place. this takes us to the law of contract which, as far as this country is concerned, is to be found in the indian contract act (ix of 1872). mr. sodhi is unable to point to any provision in the contract act to support his contention that, apart from any agreement between the parties, money ..... borrowed is to be paid back to the creditor at the creditor's place. there is no such rule contained in the contract act. it is said, ..... business. this rule embodies a rule of evidence based on common course of natural events and on human conduct in commercial transactions. there is nothing in the indian contract act or in any other statute to exclude its application or consideration in this country.courts are, however, not bound to draw a presumption in favour of creditor .....
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 : Allahabad
Reported in : AIR1963All294
..... reading of the section we are of the view that the plaintiffs were entitled to claim the benefit of law indicated in section 65 of the indian contract act.21. section 84 of the indian trusts act of 1882 is in these words:'where the owner of property transfers it to another for an illegal purpose, and such purpose is not carried ..... the presence of witnesses, or any law relating to the registration of documents.' from what we have quoted above from the interpretation clause and section 10 of the indian contract act it would be manifest that all agreements which are proper in the sense of competence of parties, their will not having been affected in any manner and their ..... air 1955 bom 419).8. the position of the chamber in respect of the deposit was, in our view, not quite that of a surety contemplated under the indian contract act under section 126, for although the chamber in this particular case in a sense guaranteed the due performance of a promise yet it did not actually do so because the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All420
..... engineer dated 26-8-1944 records an acceptance of the plaintiff's aforesaid offer. the offer and acceptance of the promise would constitute an agreement under the indian contract act, and we think that the plaintiff would be entitled to damages for breach of that agreement if it could be held that the agreement was enforceable against ..... agreement, but it is devoid of force and efficacybecause both the parties are mistaken about some fact which is vital to the agreement section 20 of the indian contract act deals with the common mistake of fact and not mutual mistake of fact. the facts averred in paragraphs 4 and 17 of the written statement clearly suggest ..... to do so. the erroneous assumption of the parties amounted to a mutual mistake of fact and the leases were, therefore, void under section 20 of the indian contract act.9. before examining the merits of the arguments of learned junior standing counsel on this point, we would like to point out that the written statement has inaccurately .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All206
..... the claim of payment of certain sum was not accepted because the word 'compensation' has been used in the indian contract act in a very wide sense.the relevant portion of section 73 of the indian contract act (no. 9 of 1872)reads as follows:--'73. when a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has ..... broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course ..... 1922 lah 198 (fb) held that the word 'compensation' in article 115 as well as in article 116 has the same meaning as it has in section 73 of the indian contract act and denotes a sum of money payable to a person on account of the loss or damage caused to him by the breach of a .....
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