Court : Delhi
Reported in : 150(2008)DLT302; 2008(102)DRJ69; (2008)151PLR16
..... some assistance can be taken of the provisions of section 7(2) of the indian contract act, 1872 which, inter alia, stipulates:if the proposal prescribes a manner in which it is to be accepted, and the acceptance is not made in such a manner, the proposer may, within a reasonable time after the acceptance ..... orders placed by the defendant were in the nature of proposals as understood under section 7(2) of the indian contract act, 1872. ..... court can draw in terms of section 114 of the indian evidence act, 1872. ..... cause of action arises within the meaning of the section at any of the following places, namely:(1) the place where the contract was made;(2) the place where the contract was to be performed or performance thereof completed;(3) the place where in performance of the contract any money to which the suit relates was expressly or impliedly payable.after noting the said erstwhile explanationn iii, the supreme court observed in paragraph ..... submitted that since the purchase orders were placed by the defendant on the plaintiff at delhi and the same were also accepted by the defendant at delhi, the contract between the parties was struck at delhi and, thereforee, this court would have jurisdiction to entertain the present suit.9. ..... submitted that this court has jurisdiction inasmuch as, apart from the place of performance of the contract as also the place of making payments, the situs of the contract has also to be considered for the purposes of considering the question of cause of action. .....
Tag this Judgment!Court : Delhi
Reported in : 160(2009)DLT642
..... petitioner to give notice to the respondent, of its (petitioner's) intention to claim compensation for delay when possession of cooling towers was taken by the petitioner, which disentitled the petitioner to claim compensation in terms of section 55 of the indian contract act, 1872;b. ..... view of the above facts it is clear that the petitioner had prevented the respondent from performing the pg tests and therefore, in terms of section 53 of the indian contract act, the respondent was not bound to perform the pg tests. ..... the petitioner did not make the towers available for the tests, in terms of section 54 of the indian contract act, the respondent was not bound to conduct the pg tests. ..... therefore, in terms of section 70 of the indian contract act, the respondent was entitled to compensation for the work done by it and which was rightly awarded by the arbitral tribunal as per the law enunciated by the hon'ble supreme court of india in its decision ..... agree with the view of the arbitral tribunal that the stipulation of 30 days contained in clause 26 of the contract was contrary to s.28(1) of the indian contract act.23. ..... tribunal shall not be bound by the code of civil procedure, 1908 (v of 1908) or the indian evidence act, 1872 (1 of 1872). ..... tribunal was further of the view that even assuming that the letter dated 16th august 1996 constituted a decision of the engineer, the limitation of 30 days imposed by clause 27 of the contract was void in view of section 28 of the contract act.22. .....
Tag this Judgment!Court : Delhi
Reported in : 2008(3)ARBLR57(Delhi); 2008(105)DRJ194
..... award that the contention was that the respondent could not recover liquidated damages inasmuch as time was not of the essence of the contract and that no notice was issued under section 55 of the indian contract act, 1872 and that the respondent had failed to prove that it had suffered any loss on account of delay in supplying the material. ..... the supreme court, in my view, merely reiterated the principles governing sections 73 and 74 of the indian contract act, 1872 which had already been settled in fateh chand (supra) and maula bux (supra). ..... 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. ..... that time was not the essence of the contract and, thereforee, the clause of liquidated damages cannot be invoked in view of section 55(2) of the indian contract act, 1872, unless and until the exact extent of the ..... 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 legal ..... of section 74 of the indian contract act, 1872 is on reasonable compensation. ..... distinction between cases which pertain to a stipulation providing payment 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. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1991Delhi298; ILR1991Delhi634
..... 148 of the indian contract act, 1872, a bailment is defined as the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person ..... of the contract act, 1872 required that bailment could arise only under a contract between the ..... observed that this contention was not sustainable and that bailment is dealt with by the contract act only in cases where it arose from a contract but it was not correct to say that there could not be a bailment without an enforceable contract. ..... night of 8th and 9th june 1987 for ostensible purpose of drinking water that in the meanwhile the truck was stolen and further that there was no contract between the parties under which the defendants were bound for the safety of the truck. ..... succession and a common seal with power to acquire, hold and dispose of property both movable and immovable and to contract and shall by the said name sue and be sued. ..... 152, the bailee, in the absence of any special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the amount of care of it described ..... immediately at that time a contract of bailment came into being, the defendants as bailee having failed to deliver the vehicle back to the second plaintiff within the contracted period and not having shown to have exercised any prudent care for the safety of the truck, are liable for .....
Tag this Judgment!Court : Delhi
Reported in : 2002IIAD(Delhi)149; AIR2002Delhi255; 2002(1)ARBLR610(Delhi); 96(2002)DLT515
..... it was held :-'that it is well settled that the tow principles relating to compensation for loss or damage caused by breach of contract as laid down in section 73 of the indian contract act, 1872, read with the explanationn thereof, are (i) that, as ar(sic) as possible, he who has proved a breach of a bargain to supply what he contracted to get is to be placed, as far as money can do it, in as good a situation as if the contract had been performed, but (ii) that there is a duty on him of taking all reasonable steps to mitigate the loss consequent on ..... the contract was thereforee not of the special type to which the words 'which the parties knew, wen they made the contract, to be likely to result from the breach of it' appearing in section 73 of the indian contract act, 1872, would apply, but an ordinary contract, for which the measure of damages would be such as 'naturally arose in the usual course of things from such breach' within the meaning of that section ..... the arbitrator has adopted the principle by referring to section 73 of the indian contract act, 1872 which is as follows:- '73. ..... thus the learned arbitrator fell in grave error in applying the principle of true market value at the time when the contract would have been performed as he applied the principle enunciated in section 73 of the contract act on the presumption that no goods were supplied at all whereas in the instant case the allegation is that the goods supplied were defective and did not conform to the .....
Tag this Judgment!Court : Delhi
Reported in : 2007(2)ARBLR133(Delhi); 141(2007)DLT822
..... in this behalf, the court held thus:it seems necessary for us to emphasise that so far as the courts in this country are concerned, they must look primarily to the law as embodied in sections 32 and 56 of the indian contract act, 1872.we hold, thereforee, that the doctrine of frustration is really an aspect or part of the law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done and hence comes within the purview of section 56 of the indian contract act. ..... ram charan, wherein the apex court had clearly held that so far as frustration of contract was concerned, the indian contract act deals with a particular subject and it is not permissible to import the principles of english law on this aspect dehors these statutory provisions. ..... it must be held also, that to the extent that the indian contract act deals with a particular subject, it is exhaustive upon the same and it is not permissible to import the principles of english law dehors these statutory provisions. ..... section 39 of the indian contract act provides that if a person indulges in any fundamental breach of the contract and the other party does not acquiesce to the breach, then the party not breaching is not bound under the liabilities of the contract. ..... wherein the court has held that it is not hardship or inconvenience or material loss which brings the principle of frustration of contract as envisaged under section 56 of the indian contract act into play. .....
Tag this Judgment!Court : Delhi
Reported in : 2006(3)ARBLR610(Delhi); 2006(91)DRJ370
..... to the extent legislature has enacted, law of contract would be governed by the indian contract act 1872, and wherever not the courts would be free to cull out common law principles and apply the same. ..... the legislature has clearly spoken that wherever the legislature thought it expedient to define and amend certain parts of the law relating to contracts, the indian contract act 1872 has been enacted. ..... since i am dealing with a contract, i would be failing in not noting that the preamble to the indian contract act 1872 records:- whereas it is expedient to define and amend certain parts of law relating to contracts.44. ..... of course the said principles should not be in conflict with the statutory provisions of the indian contract act 1872.45. ..... budhiraja it was held:the arbitrator derives the authority from the contract and if he acts in manifest disregard of contract, the award given by him would be an arbitrary one....it is true that interpretation of a particular condition in the agreement would be within the jurisdiction of the arbitrator however, in cases where there is no question of interpretation of any term of the contract, but of solely reading the same as it is and still the arbitrator ignores it and awards the amount despite the prohibition in the agreement .....
Tag this Judgment!Court : Delhi
Reported in : ILR1992Delhi1057
..... that contingency was fulfillled the contract was not capable of specific enforcement as stated in section 31 of the indian contract act, 1872.7. ..... since additional far was not sanctioned in favor of the defendant, it can he said that the nature of the contract was such that in the absence of sanction of additional far the contract could not be specifically enforced and it was in a way determinable on that account. ..... 14 of the specific relief act describes contracts which arc not specifically enforceable. ..... specific performance of part of a contract is otherwise barred under section 12 of the specific relief act unless the part to be performed bears a substantial proportion in value and the unperformed portion admits of compensation ..... if it be proved that the parties entered into a contract as pleaded in the plaint, then, was the said contract contingent it so, what was the contingency, and has the same not been fulfillled ..... the relevant portion of this section says that a contract, which from its nature is such that the court cannot enforce specific performance of its material terms is determinable and not capable of ..... thereforee, it is not possible to infer the terms of contract between the parties either from the pleadings or from the receipt dated 22-4-70, we are left to infer such terms only from the correspondence exchanged between ..... the alleged contract between the parties is not specifically enforceable in view of clauses (b), (c) and (d) of section 14 of the specific relief act ? 6 .....
Tag this Judgment!Court : Delhi
Reported in : ILR1975Delhi420; 1973RLR116
..... have received statutory statement in sections 2 and 7 of the indian contract act, 1872, and are too well known to require restatement. ..... difficulty, it was contended that the variation was not 'substantial' and did not prevent the acceptance being absolute and unqualified a,s required by section 7 of the indian contract act. ..... to the main argument on behalf of the respondent it was emphasised that an arbitration agreement forming one of the terms of a contract must be treated as distinct and separate from the other terms and shiva jute baling limited v. ..... view of the transaction so far, there still remains an obvious discrepancy between the acceptance of tender as the acceptance and the tender as the offer in respect of the 'contract of supply', because the former introduces the arbitration clause which the latter excluded. ..... said that the invitation to tender was an 'invitation' in the legal sense as regard the 'contract of supply', but an 'offer', in the legal sense, as regards the arbitration clause. ..... limited, : [1960]1scr569 it was urged, that on an application under section 20 of the arbitration act the only question the court can decide is whether an arbitration agreement exists or not, and the court is not concerned with and ought not to inquire into the formation of the contract of which it may be a term. ..... , a similar question arose on an application under section 34 of the arbitration act, 1940 and it was held that the arbitration clause was not a part of the contract. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1991Delhi606
..... from the use of pvp-i in the manufacture of its various preparations as envisaged under the agreement would be hit by section 27 of the indian contract act, 1872, which says every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind is to that extent ..... he further observer as under :while the extract ..act.1872, dose not profess to be a complete cede dealing with the law relating to contracts, was emphasize that to the extent the act deals with a particular subject, it is exhaustive upon the same and it is not permissible to import the principles of english law dehors the statutory provision, unless the statute is such ..... purpose of deciding the validity of clause 27 of the agreement i have to see if it passes the test under section 27 of the contract act which makes every agreement by which one is restrained from exercising a lawful profession, trade or business of any kind to be void to that ..... draft code for new york based upon the old english doctrine of restraint of trade, as prevailing in ancient times' when a rule of english law receives statutory recognition by the indian legislature, it is the language of the act which determines the scope, uninfluenced by the manner in which the analogous provision comes to be construed narrowly, or, otherwise modified, in order to bring the construction within the scope ..... opinion of a person specially skilled in foreign law being relevant under section 45 of the indian evidence act, 1872. .....
Tag this Judgment!