Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 6 revocation how made Page 1 of about 17,497 results (0.392 seconds)

Manglam Express Cargo Pvt. Ltd. Vs.union of India & Anr

Court : Delhi

..... further, section 6(2) of the indian contract act, 1872 reads as under:-"revocation how made 6. ..... since in the present cases the time prescribed in the offer letters had lapsed prior to their acceptance, the offers stood revoked under section 6(2) of the indian contract act, 1872.9. ..... present writ petitions have been filed seeking quashing of orders dated 28th october, 2015 passed by the divisional railway manager, whereby the leasing contracts pertaining to the petitioners were terminated and the earnest money deposits were forfeited.... ..... keeping in view the aforesaid admitted position, it is apparent that the acceptance letters were issued after the offers made by the petitioners had already lapsed and were no longer valid.7. ..... that as the tenders were opened on 1st may, 2015, the offers were valid only till 29th july, 2015 and as the acceptance letters were admittedly issued on 30th july, 2015, there was no concluded contract between the parties at all.5. .....

Keshav Krishna Londhe (Dr.) Vs. Adarsh Gruha Nirman Sahakari Sanstha L ...

Court : Mumbai

Reported in : 2006(1)ALLMR669; 2005(5)BomCR404

..... section 6 of indian contract act, 1872, reads as under:'6. ..... revocation how made. ..... section 5 further prescribes the procedure for revocation of proposals and acceptances and then section 6 points out how proposal can be revoked. ..... the co-operative court has considered the issue of membership and apart from the material to which the reference is made above, it has also found that the secretary of society who entered the witness box has specifically stated that the forms for membership wee supplied to all the members including the petitioner. ..... it has further found that the respondent society has denied that it has received any such affidavit but it has made reference to the certificate of postal authority certificate which clearly disclosed that a registered packet was delivered to respondent no. ..... section 4 considers the contingencies in which said communication of acceptance or revocation is complete. ..... section 3 deals with communication, acceptance and revocation of proposals. ..... it is his case that along with his dispute, he filed 23 documents showing his share certificate, receipts issued by the society for payment made by him, some letters in which he was described as a member and the impugned communication dated 16-9-1980. .....

Kuldip Gandotra Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : (2006)IILLJ51Del; 2006(2)SLJ299(Delhi)

..... as per sections 4 to 6 of the indian contract act, 1872, an offer/ proposal may be revoked at any time before the communication of acceptance is complete as against ..... revocation how made ..... the acceptance of proposals, and the revocation of proposals and acceptances, respectively, are deemed to be made by any act or omission of the party proposing, accepting or revoking, by which he intends to communicate such proposal, acceptance or revocation, or which has the effect of ..... of a revocation is complete, as against the person who makes it, when it is put into a course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it; as against the person to whom it is made, when ..... the said offer fructifies into a concluded contract, not when an offer/proposal is made but when the employer accepts the offer and ..... are as under: firstly, where a man makes a fraudulent misrepresentation and another man acts upon it to its true detriment; secondly, another may be where a man makes a false statement negligently though without fraud and another person acts upon it; and thirdly, there may be circumstances under which, where a misrepresentation is made without fraud and without negligence, there may be an estoppel. 35. ..... the petitioner claims that in view of the changed atmosphere and as he was disturbed and upset by the transfer order, he made a request for voluntary retirement under the voluntary retirement scheme by his letter dated august 30, 1993. 7. .....

Present : Mr.Manmohan Singh Sr. Advocate with Vs. M/S Maa Bhagwati Ass ...

Court : Punjab and Haryana

..... section 2 (h) of the indian contract act, ..... scr246 in the said report kumar paritosh 2014.04.22 10:49 i attest to the accuracy and integrity of this document cr no.4915 of 2013 (o&m) and 2 connected cases 14 at page 254, sarkaria, j, speaking for the court made the following pertinent observations : "we are afraid, this ingenious method of construction after compartmentalisation, dissection, segregation and inversion of the language of the paragraph, suggested by counsel, runs counter to the cardinal cannon of interpretation, according ..... when section 69 (2) speaks of a dispute arising out of contract it necessarily has a nexus to a contract entered in the course of a business transaction with customers by an unregistered firm, the idea being to protect those who deal with the firm to know the names of partners before they engage in business with them and are made aware with whom they may deal with to predict to guard themselves before ..... parties intend it as a contract or a mere licence and how revocation would take place by ..... it then cannot be said that the suit was barred by section 69 (2) of the ipa, as neither the plaint nor the prayers made arose out of or touched upon the licence agreement and ..... be sufficient authority in raptakos to indicate that when statutory rights and common law doctrines are pressed together in a suit, then it cannot be said that the cause of action arises out of contract, if it were one by definition, and if it is in consonance with the prayers made in the suit .....

State Bank of India Vs. Teletek India Ltd. and ors.

Court : DRAT Madras

Reported in : IV(2005)BC220

..... the said guarantee is also a continuing guarantee as set forth in section 129 of the indian contract act, 1872. ..... the guarantee got revoked by filing an application to implead the 4th respondent.continuing guarantee can be revoked only in a manner known to law, as more specifically set out under section 130 of the contract act, which is not done by the 3rd respondent. ..... continuing guarantee is no doubt not perpetual and permanent and it is subject to revocation as contemplated under section 130 of the contract act which states, "a continuing guarantee may at any time be revoked by the surety, as to future transactions, by notice to the creditor ..... to strike him off from the oa and to implead the 4th respondent was allowed, from that moment, he was no more liable and the order passed by the drt is well in order.now, we have to consider how far the said argument could be accepted.it is no doubt true that the 3rd respondent filed an application and at his instance, the 4th respondent was impleaded as a party to the oa.but at the same time, the fact ..... resist the oa.that apart, it is seen that respondents 2 and 4 had also taken active part in the day-today proceedings before the drt in cross-examining the witnesses and in the said circumstances, i fail to understand how respondents 2 and 4 can say that they were not given any opportunity before the drt.6. ..... there may or may not be any internal arrangement between respondents 3 and 4, and how it will bind the appellant bank is not made out. .....

U.P. Rajkiya Nirman Nigam Ltd. Vs. Indure Pvt. Ltd. and Others

Court : Supreme Court of India

Reported in : 1996IIAD(SC)318; AIR1996SC1373; 1996(1)ARBLR236(SC); JT1996(2)SC322; 1996(2)SCALE247; (1996)2SCC667; [1996]2SCR386; 1996(2)LC48(SC)

..... section 3 of the indian contract act, 1872 envisages communication of proposal, acceptance of proposal and the revocation of the proposal and acceptance. ..... where there is a mistake as to terms of a document, amendment to the draft was suggested and a counter-offer was made, the signatory to the original contract is not estopped by his signature from denying that he intended to make an offer in the terms set out in the document. ..... that clause (14) of the agreement [subject to the dispute whether it is arbitrable under clause (14) which is yet another issue with which were are not concerned] independently does not come into existence unless there is a concluded contract pursuant to the proposal made by the appellant on june 22, 1984 or a counter-proposal by the respondent dated june 26, 1984. ..... where there is a mistake as to the terms of the documents as in that case, amendment to the draft was suggested and a counter-offer was made, the signatory to the original contract is not estopped by his signature from denying that he intended to make an offer in the terms set out in the document; to wit, the letter and the cable. ..... 'all agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not expressly declared to be void'. .....

New Holland Tractors (India) (P) Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)83TTJ(Delhi)628

..... it was also argued that section 39 of the indian contract act, 1872, provides that "when a party to the contract has refused to perform, or disabled itself from performing his promise in its entirety, the promisse may put an end to the contract, unless he has signified, by words or conduct, his acquiescence in its continuance.3.21 it was further contended that mode of payment can neither override the underlying substance and principles of the contract nor can it be said to express the true intention of the contracting parties.3.22 accordingly ..... then the assessee under the contract act could have been made liable to return the money. ..... for the current year has been computed by apportioning the fees for the period 15th july, 1995 to 31st march, 1996," 3.6 accordingly, on the basis of this, it was contended that adequate disclosure has been made by the assessee in its computation of income.accordingly, the contention was that as per the assessee's understanding, in view of the fact that the payment had been received on account of three years, user as per the ..... continued over the period of license of technical know-how and did not get discharged in the previous year relevant to subject year itself.3.20 thus, in these facts, it was contended that the mere fact that there was no clause for revocation of the agreement during the period of three years does not imply that the appellant could not be sued for breach of contract in the event the appellant revoked the license to use technical .....

Union Of India Vs. N Murugesan

Court : Supreme Court of India

..... indian contract act, 1872 ..... section 3 of the act concerns itself with an act of communication, acceptance, and revocation ..... time he submitted a representation after about four years and nine months from the date of his joining, to the secretary, ministry of power on 30.12.2014, taking a stand that since his appointment was made by way of direct recruitment, he should be treated as a regular employee and therefore, to be continued till the date of his superannuation. ..... in the absence of any statutory bar under the rules, a tenure appointment made through direct recruitment by following the due procedure cannot be termed as contrary ..... has been raised with respect to his continuance as the representation was made on the ground that the respondent should be considered as a regular ..... made, it is required to be accepted by the receiver to partake the character of a concluded contract. ..... a marked difference between the assessments made during the respondent s tenure and the one made for continuation after the completion of ..... the ministry of power, after due deliberation on the recommendation made by the search-cum-selection committee in favour of the respondent, sought the approval of acc to the post of director-general, cpri from the date he assumes charge up to the date of his retirement on superannuation (31.05. ..... 17.before we deal with the submissions made at the bar, it would be imperative to deal, appreciate and reiterate the general and settled principles of law while understanding the rules .....

Tata Teleservices (Maharashtra) Ltd Vs. Union of India

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

..... conveyed by the respondent, which has already been extracted ` supra, satisfies the requirements of section 4 of the indian contract act 1872. ..... (ix) the right of forfeiture of the earnest money deposit flows from the binding nature of the offer made by the petitioner and having regard to the fact that there was no express revocation of the respondents offer and, thus, the respondent must be held to have an unfiltered right to forfeit the amount ..... is required what the parties wrote and how they acted and from that material to infer whether the intention as expressed in the correspondence was to bring into existence a mutually binding contract. ..... of res extra commercium being not applicable in relation to imparting of education by private unaided institutions or even private aided institutions, it is difficult to conceive as to how restrictions relying on or on the basis of the doctrine which is wholly inapplicable could be extended thereto. ..... no material has been placed on record as to how during the period when the issues were pending between the parties, the people of karnataka suffered any loss one way ..... fail to appreciate as to how any mis-representation was made. ..... networth requirement calculated by formula 300x+200y+50z is more than the total eligible networth of a successful bidder company, how will the service areas be allotted? 7. ..... manu/sc/0034/1967 : air 1967 sc 1368 stated, "if the activity of a dealer in ghee is business then how does it cease to be business if it is in liquor? .....

Manohar S/O Rambhau Galghate Vs. Saraswati Co-operative Housing Societ ...

Court : Mumbai

Reported in : 2005(3)ALLMR711; 2005(5)BomCR470; 2005(3)MhLj297

..... he further states that provisions of sections 5 to 7 of the indian contract act, 1872 also show that there was no notice of revocation to the petitioner if said letter dated 27-3-1989 is construed only to be an offer of the allotment ..... section 6 considers how revocation is to be made and it states that a proposal can be revoked by communication of notice of revocation by proposer to the other party ..... he contends that petitioner did not deposit entire amount with society within that period and therefore, offer made was not accepted and as such the society was free to allot said plot to anybody else and accordingly plot came to be allotted to respondent no. 2 ..... 125-b or how he made the payment of consideration of rs ..... he points out how the proposals are required to be revoked or accepted and contends that even if it is presumed that it was only an offer of allotment, still there is no valid revocation thereof and hence he is entitled to claim plot no ..... the fact that plot was already allotted to petitioner and he made payment therefor earlier, as is apparent from said letter, are not even appreciated in this para of judgment by cooperative appellate court ..... 125-b was allotted to the petitioner, and in view of payments made by him to the co-operative society, in case said allotment was to be cancelled, compliance of principles of natural justice is ..... society also filed its written statement and though it admitted some of the payments made by petitioner-disputant, it denied that amount of rs. .....