Court : Gujarat
Reported in : (1984)1GLR237
..... the aforesaid analysis shows that there are binding decisions of division bench of equal strength which have taken inconsistent views regarding the group of sections dealing with bailment of the indian contract act, 1872 and the supreme court has not so far resolved the said controversy so as to declare that view expressed in the aforesaid case of official assignee bombay and the views of ..... vinayak kashinath (1920) ilr 45 bom 15 7 our high court held that under section 133 of the indian contract act any variation made without the surety's consent in the terms of the contract between the principal debtor and the creditor discharged the surety as to transactions subject to the variation although the surety had agreed ..... permitted the appellant to keep the goods in the appellant's godown which was taken on lease, that the police had visited the godown twice, that on the second occasion demonstration was made as to how the door could be opened without operating the lock, that it was shown that a man could enter and come out from the said godown and could pass the goods after breaking open ..... for the respondent has not addressed me regarding the value of the missing bales as also regarding other claims made in the suit touching the pecuniary aspect of the case. ..... also not disputed that when the panchnama of the godowns was made on july 24, 1951 on the bank lodging a complaint against defendant ..... in his cross-examination, an attempt was made to show that there was scope for a godown keeper .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1967Guj81; (1965)GLR915
..... therefore, having regard to my construction of the aforesaid clause that it embodies an arbitration agreement between the parties and having regard to the provisions contained in the arbitration act, i have come to the conclusion that there is no distinction between the present case and illustration (e) to section 29 of the indian contract act on which the learned district judge has relied. ..... in order that the section may apply, it is not enough to show that its meaning is uncertain, but it must further be shown that it is incapable of being made certain and the question for consideration is whether the terms of the aforesaid contract are such that the identity of the panchas cannot be made certain. ..... it is only after an attempt is made to understand the meaning and if the judge is not in a position to come to a conclusion that the identity of the valuer cannot be made certain by any process of law, then, the contract would be void on the ground of uncertainty. ..... the illustration illustrates the applicability of the second part of section 29 which states that agreements which are not capable of being made certain are void. ..... majumdar urged that the contract was uncertain because the person or persons who were to fix the price were uncertain and were not capable of being made certain. ..... it does not prohibit transfer altogether but says that, in case a transfer is to be made, the transfer shall be made to the person with whom the agreement is made at a price to be fixed by the panchas. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1967Guj46; (1965)GLR817
..... 75, after noting the distinction between the two expressions (i) agreement, and (ii) contract, as used in the indian contract act and pointing out that section 65 deals with (a) agreements enforceable by law, and (b) agreements not so enforceable, proceed to decide the point regarding the applicability of section 65 by making the following observations:- 'an agreement, therefore, discovered to be void is one discovered to be not enforceable by law, and on the language of the section, would include an agreement that was void in that sense from its inception ..... the aforesaid three parties including yakubkhan and khushaldas would not come to know that the transaction was void until thirty days expire, which is the period of limitation prescribed for making an application under section 8 or until, if such an application comes to be made, the same comes to be rejected by a competent court. ..... though the parties purported to enter into a contract in the sense that one had made a promise which the other had accepted, in the eye of law, in the case of such a transaction, there is no valid contract which can be enforced by one or the other party to the contract. ..... his argument was that, there being a novatio between parshottam and khushaldas, even if parshottam made a payment under such a new transaction, parshottam had legally no remedy whatsoever for recovering back the amount paid under the void document. .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)6GLR915
..... this contention is also based on section 29 of the indian contract act that section enacts that agreements the meaning of which is not certain or capable of being made certain are void. mr. ..... therefore having regard to my construction of the aforesaid clause that it embodies an arbitration agreement between the parties and having regard to the provisions contained in the arbitration act i have come to the conclusion that there is no distinction between the present case and illustration (e) to section 29 of the indian contract act on which the learned district judge has relied. ..... majmundar that he contract of sale was vitiated by section 29 of the indian contract act.4. ..... majmundars contention is that when we have a case where the valuers identity is not fixed then the contract must be regarded as one which is uncertain as to who the valuer is and consequently the agreement would be ambiguous in the matter of identity of the person who was to fix the price and such an agreement would at once come within the mischief of section 29 of the indian contract act. ..... argument is nothing but a rehash of the argument based upon section 29 of the indian contract act. ..... this argument was repelled by the learned district judge by reference to illustration (e) to section 29 of the indian contract act. ..... the same provisions are continued in section 14 of the specific relief act 1963 clause (c) of section 21 says that a contract the terms of which the court cannot find with certainty cannot be specifically .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1968Guj276; (1968)9GLR932
..... p, 158 after considering the three bombay authorities to which reference has been made, they wind up by saying:'their lordships do not think that in this state of the authorities it is possible top accede to the present contention that section 49 of the indian contract act gets rid of inferences, that should justly be drawn from the terms of the contract itself or from the necessities of the case, involving in the obligation to ..... 7 bom lr 993, (supra) finally concluded as follows:'their lordships do not think that in state of the authorities it is possible to accede to the present contention that section 49 of the indian contract act gets rid of internees, that should justify be drawn from the terms of the contract itself or from the necessities of the case, involving in the obligation to pay the creditor so as to pay him. ..... manner of doubt can be raised that their lordships of the privy council definitely laid down that section 49 of the indian contract act does not oust the rule of english common law of the obligation to pay the creditor and ..... contract was preferable in rangoon so as to satisfy section 49 of the indian contract act, ..... the earlier bombay decision could not be read to lay down that in all cases, the rule of the english common law will not apply in india in the light of section 49 of the contract act; that the said conclusion was arrived at by chief justice sir lawrence jenkins, in the earlier case, in the light of the special facts of that case and therefore it could .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR2777
..... the learned counsel for the builder submitted that in view of section 19a of the indian contract act, 1872, if there is undue influence, then, the agreement which is a contract, is voidable at the option of the party whose consent was so ..... it was further submitted that in view of section 65 of the indian contract act, 1872, when an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it, to the person from whom he received ..... it is not the case that after entering into an agreement, the occupiers were not put in possession and therefore, the claim was made, but, it is the case where unauthorised construction contrary to the regulations was carried out about which occupiers were never informed that erection of the building is not as per plans ..... the urban land (ceiling & regulation) act, 1976 was brought into force, situation changed and the hon'ble law minister while repealing the act has stated on the floor of the parliament as to how the act was misused. ..... the real question is how to swing the polity into action, a polity which has become indolent and soft in its ..... the drainage connection was connected without written permission of the commissioner or if the permission has been obtained by mis-representation, the question is how it could be continued. ..... but how many matters can we ..... how many more of such matters are still ..... how they provided essential .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2001Guj287
..... of section 5 of the indian contract act, no such condition can be made operative ..... as per the position of indian contract act, if validity period of offer is not mutually extended by both the parties, then the offerer is within his legal rights to refuse ..... when the indian contract act itself allows the offerer to revise by revoking his earlier offer, before that offer is accepted by the opposite party, aforesaid para 32 of the tender, will not be ..... the facts leading to these present two appeals in a nutshell are as follows:6.1 on or about 5/1/1991, the original plaintiff balaram cements limited which is a compay incorporated under the indian companies act, has filed special civil suit no.2 of 1991 in the court of the learned civil judge (senior division) at palanpur against defendant no.1 -oil natural & gas commission, through joint director (mm) ongc ..... on 29/12/90, the bank did not invoke the bank guarantee but inquired from plaintiff as to what were the reasons for not meeting with the requirements of defendant no.1 as per contract with defendant no.1 and a reply for that reasons was requested to be sent within four days, and therefore, on 29/12/90, defendant no.2 did not allow defendant no.1 to encash the bank guarantee but the ..... 5 of the indian contract act, 1872, a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer but not afterwards and an acceptance may be revoked at any time before communication of the acceptance .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)3GLR2629; (2008)IILLJ226Guj
..... the word 'consent' is defined under section 13 of the indian contract act, 1872 (for short 'the act') which says that two or more persons are said to consent when they agree upon the same thing in ..... further submitted that the learned single judge has failed to appreciate that reference of the said second letter dated 26.12.2001 addressed by the appellant to the respondent bank was made in the letter dated 5.1.2002 of the general manager by which the appellant was informed that his resignation from service had been accepted by the bank with immediate effect ..... mehta has, therefore, submitted that since the offer of resignation was made by him under undue influence, the agreement is a contract voidable at the option of the appellant and the appellant is agreeable to refund the entire amount with suitable ..... not think it fit and proper to interfere in the order passed by the learned single judge or in the order passed by the respondent bank in respect of the representation made by him during the pendency of the letters patent appeal. 18. ..... aforesaid submissions in the main letters patent appeal, mr.shalin mehta has submitted that in pursuance of the order dated 1.5.2006 passed by this court the appellant has made a representation on 27.7.2006 to the concerned respondent officials of the bank. ..... pursuant to the said order the appellant applicant has made a representation before the respondent authorities on 27.7.2006 for permitting him to revoke his resignation and to resume the service with .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1967Guj130
..... section 46 of the indian contract act provides': '46. ..... even, in case of goods entrusted for transit at the owner's risk has lightened the burden of proof put on the owner's shoulder by providing that the railway shall be bound to disclose to the consignor and put on record how the goods were handled in transit throughout the time it was in its possession or control, and it will be open to the consignor to point out from such disclosure that there was negligence or misconduct on the part of the ..... ' therefore, apart from the english decision, it is obvious that the indian law also lays down the standard of 'reasonable time' for the performance of the contract where no specific stipulation has been made as regards the time during which the contract has to be performed. ..... in the orissa case, the learned judge seems to have based his conclusion only on the ground that by section 80, a specific statutory provision as regards the burden of proof was made and, thereof, the general provision of section 114 or section 106 of the evidence act would not apply. ..... by the plaintiff to get those details and though the statement was filed by the railway on the day when the arguments were fixed, except for putting the endorsement referred to above, no further efforts were made either to recall the witnesses of the railway or to permit him to lead some further evidence on the point. .....
Tag this Judgment!Court : Gujarat
Reported in : (1983)2GLR1329
..... was made that there was frustration as contemplated by section 56 of the indian contract act which ..... void contract, according to the state the action is required to be taken under section 65 of the indian contract act ..... it lays down as under:the provisions of section 56 of the contract act cannot apply to be a case of 'self-induced' frustration.here i do not know what the government of gujarat wrote to the government of ..... law and as such conies within the purview of section 56 of the contract act.29. ..... a contract to do, an act, which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent unlawful, becomes void when the act becomes impossible or unlawful.where one person has promised to do something which he knew, or, with reason-able diligence, might have known, and which the promisee did not know, to be ..... other a clear and unequivocal promise which is intended to create legal relations or effect a legal relationship to arise in the future, knowing or intending that it would be acted upon by the other party to whom the promise is made and it is in fact so acted upon by the other party, the promise would be binding on the party making it and he would not be entitled to go back upon it, if it would be inequitable to allow him to do so having regard to ..... of section 175 of the government of india act and it was contended that as the contract was not in accordance with article 299 of the constitution of india the contract is void .....
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