Court : Orissa
Reported in : AIR2005Ori92
..... mohanty also' referred to the provisions of sections 172 to 177 of the indian contract act, 1872 to show' that there are similar provisions therein and in particular, section 176, casting an obligation on the pawnee to pay over the surplus of the sale proceeds to the owner after realizing his ..... of section 29 by way of take over of the industrial concern and sale of the property pledged, mortgaged, hypothecated or assigned to the financial corporation that the money which is received by the financial corporation shall, in the absence of any contract to the contrary be held by it in trust to be applied firstly in payment of costs, charges and expenses incurred by the financial corporation and, secondly in discharge of the debt due to the financial corporation and the residue of the money ..... similarly a reading of section 69(4) of the transfer of property act, 1882 quoted above would show that it is 'the money which is received' by the mortgagee from the sale that in the absence of any contract to the contrary is held by the mortgagee in trust to be applied by him first in payment of all costs, charges and expenses properly incurred by him as incident to the sale or any attempted sale and, secondly, in discharge of ..... he also referred to the indian trust act, 1982 and in particular, to the provisions of section 11, 17 and 23 and argued that a trustee committing a breach of trust is liable to pay interest where the breach consists in unreasonable delay in paying the trust money to the .....
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori82; 101(2006)CLT393; 2006(1)CTLJ261(Ori)
..... be that as it may, section 2, 2(h) and 10 of the indian contract act recognizes oral agreement/contract for transfer of properties including immovable property. ..... immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty.and the transferee has, in part performance of the contract, taken possession of the property or any part thereof, or the transferee, being already in possession, continues in possession in part performance of the contract and has done some act in furtherance of the contract.and the transferee has performed or is willing to perform his part of the ..... property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract;provided that nothing in this section shall affect the rights of a transferee for consideration who has no notice of the contract or of the part performance thereof.a plain reading of this section shows that benefit of section 53-a of the transfer of property act is available only when the contract for transfer of immovable properties is in writing signed by the concernecy parties. mr. ..... 1, the right of the appellant to claim protection under section 53-a of the transfer of property act and specific performance of contract and the legality of the sale deeds exts. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2007Ori71; 103(2007)CLT246; 2007(2)CTLJ118(Ori)
..... section 4 of the indian contract act, 1872 provides that the communication of a proposal is complete when it comes to the knowledge of the person to whom it is made and the communication of an acceptance is complete as against the proposer when it is put in a course of transmission to him so as to be out of the power of ..... section 7 of the contract act provides that in order to convert a proposal into a promise, the acceptance must be absolute and unqualified ..... mohanty, learned counsel appearing on behalf of the mcl, on the contrary, submitted that on the petitioner receiving the supply order dated 30.12.2003, there was a completed contract between the parties since the offer made by the petitioner was accepted by the mcl on issuing the said supply order. ..... panja, learned counsel for the petitioner submitted that since there was no completed contract between the parties, the notice issued by the mcl stated to be a risk purchase notice (annexure-17), was wholly ..... in view of the above analysis, we find that there was no completed contract between the parties and when the matter was in a fluid stage, the petitioner withdrew itself from the offer made by ..... further submitted that in the circumstances of the case, it cannot be concluded that the petitioner accepting the supply order failed to supply the materials as per the said order and, therefore, the mcl has acted illegally and wholly without jurisdiction in issuing the letters under annexures-19 and 19(a), both dated 25.10.2004.9. mr. .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori119; [2008(4)JCR183]; 2008(I)OLR796; 2008(5)AIRKarR55(FB).
..... the loanee is a pure and simple contract governed by the provisions of the indian contract act, 1872 read with the provisions in the act, 1951 and its rules. ..... that the expression 'owner' must be held to mean the 'registered owner' of the vehicle in whose name the vehicle stand registered under the provisions of the motor vehicles act.in view of the aforesaid interpretation of the expression 'owner' in sub-section (3) of section 60 of the ndps act, the appellant cannot be permitted to urge that the order for confiscation is bad, as he had no knowledge of the fact that the vehicle was used for carrying any ..... a vehicle, which is subject matter of confiscation proceeding under the act, 1872, being not available to the o.s.f.c. ..... aforesaid position of law, which emerge from section 64, if read with provision in section 56 of the act, then the concept of parting with the confiscation amount to the lender of the money is a misconceived one ..... the dispute, is whether the authorities under section 56 of the orissa forest act, 1972 (in short 'act 1972') are obliged to release the vehicle from the confiscation proceeding or to pay the sale proceeds of the vehicle after the order of confiscation in favour of orissa state financial corporation (in short ..... 2000 (1) crimes, 13 (sc) and the provision of law in section 56 and 64 of the act, 1972, correctness of the view expressed by a division bench of the court in the case of orissa state financial corporation (supra) is required to be examined by a .....
Tag this Judgment!Court : Orissa
Reported in : AIR2009Ori124; 107(2009)CLT430
..... in indian contract act, 1872 the term 'coercion' has defined under section 15 and in the event a contract has been obtained by coercion, such contract is ..... and the sureties hereby jointly and severally covenant with the governor as follows:a) the applicant shall pay water charges for the water actually consumed as per the provisions of orissa irrigation act, 1959 and rule made thereunder on or before 31st march every year.b) the applicant shall make suitable arrangement to take the water from the point at which it will be ..... the petitioner namely, steel authority of india limited (raw material division)(hereinafter described as 'sail(rmd)' filed the writ applications, inter alia, seeking to challenge the orissa act 3 of 1994 by which amendment was inserted in the orissa irrigation act, 1959 and orissa irrigation (amendment) rules, 1994 and further praying to declare the same to be invalid and unconstitutional on the ground of repugnancy and in competency of the state ..... under the provisions of orissa irrigation, 1959 on 17.11.1991 (annexure-1) and to pay the illegal water charges even though the aforesaid act was not applicable for use of water from non-irrigation works like natural stream and river and subsequently, when opposite party no ..... of water in mining operation was also covered by another central act namely, water (prevention & control of pollution cess) act, 1977 as well the petitioner claimed to have an indefeasible riparian legal right under indian easement act, 1882. .....
Tag this Judgment!Court : Orissa
Reported in : 109(2010)CLT680
..... 56 of the indian contract act, 1872 envisages as follows:56 ..... 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.compensation for loss through non-performance of act known to ..... to the extent that the contract act deals with a particular subject, it is exhaustive upon the same & it is not permissible to import the principles of english law ' ..... of positive law & as such comes within the purview of section 56 of the contract act. ..... contract to do act ..... where the court gathers as a matter of construction that the contract itself contained impliedly or expressly a term, according to which it would stand discharged on the happening of certain circumstances, the dissolution of the contract would take place under the terms of the contract itself & such cases would be outside the purview of section ..... 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 & hence comes within the purview of section ..... court in this regard has held as follows:the essential idea upon which the doctrine of frustration is based is that of impossibility of performance of the contract; in fact impossibility & frustration are often used as interchangeable expressions. ..... under section 32 which deals with contingent 'contracts or similar other provisions contained in the act. .....
Tag this Judgment!Court : Orissa
Reported in : 110(2010)CLT29
..... statutory provisions under section 208 of the indian contract act, 1872 also militates against the premises that relationship between an advocate & his client can be determined uniterally by one of them or even biletarally by both or them without ..... section 208 of the indian contract act provides that the termination of the authority of an agent does not, so far as regards the agent, take effect before it becomes known to him, or so far as regards third persons, before it ..... , but to the ordinary law which regulates the contract between master & servant & judging by that law, there can be no doubt that the employment of a was terminated on 18.1.1954 it was further held that for the purposes of the municipal boroughs act, the courts were concerned with the actual employment, & if the pleader was no longer in the actual employment of his client, the mere fact that for the ..... : air 1955 bombay 159, it was strenuously contended that in interpreting, the provision under the act, learned district judge should have confined himself to determine the actual period of employment as an advocate ..... of 2008 holding that the petitioner is disqualified under section 16(1)(ix) of the orissa municipal act, 1950 (for short 'the act') to be a councillor of the notified area council, khallikote (for short 'n.a.c') ..... or wants to relieve himself of his duty as an advocate he should have to take all care & responsibility to act in accordance with the provisions of sub-rule (2) of rule 4 of order 3, c.p.c. .....
Tag this Judgment!Court : Orissa
..... the indian contract act, 1872 defines fraud as act committed by a party to a contract ..... previous consent accorded by the state government and thereafter memorandum of understanding executed by the company in favour of the state government agreeing to certain terms and conditions as provided in section 41 of the l.a.act and thereafter on the basis of the report of the collector, the state government satisfied with the requisition made by the company that the proposed lands in the preliminary notification are required for ..... eminent domain power by the state government at the request of vedanta foundation and issuing preliminary notifications and proceeding with the further proceedings in granting previous consent as provided under section 39 of the l.a.act and publication of final notifications in respect of the lands covered under the preliminary notifications declaring that those lands are required in favour of the beneficiary company to establish a university which is ..... satisfied with the report, if any, of the collector under section 5-a, sub-section (2), or on the report of the officer making an enquiry under section 40 before publishing the final notifications under section 6 of the l.a.act that the proposed acquisition of lands is for the purposes referred to in clause (a) of sub-section (1) of section 40 and require the company to enter into an agreement with the state government as required under section 41 ..... the contract act defines fraud as act committed by a party to a contract .....
Tag this Judgment!Court : Orissa
..... the indian contract act, 1872 defines fraud as act committed by a party to a contract ..... previous consent accorded by the state government and thereafter memorandum of understanding executed by the company in favour of the state government agreeing to certain terms and conditions as provided in section 41 of the l.a.act and thereafter on the basis of the report of the collector, the state government satisfied with the requisition made by the company that the proposed lands in the preliminary notification are required for ..... eminent domain power by the state government at the request of vedanta foundation and issuing preliminary notifications and proceeding with the further proceedings in granting previous consent as provided under section 39 of the l.a.act and publication of final notifications in respect of the lands covered under the preliminary notifications declaring that those lands are required in favour of the beneficiary company to establish a university which is ..... satisfied with the report, if any, of the collector under section 5-a, sub-section (2), or on the report of the officer making an enquiry under section 40 before publishing the final notifications under section 6 of the l.a.act that the proposed acquisition of lands is for the purposes referred to in clause (a) of sub-section (1) of section 40 and require the company to enter into an agreement with the state government as required under section 41 ..... the contract act defines fraud as act committed by a party to a contract .....
Tag this Judgment!Court : Orissa
..... dhal, learned counsel for the petitioner has assailed the action of the opposite parties on the following grounds : (a) the action of the opposite parties is contrary to and in violation of the provisions of law contained in the act; (b) the opposite parties in the advertisement issued on 26.10.1994 had invited applications for one vacancy for the post of lecturer in physics for sebc category and therefore, her selection and appointment against the said ..... it is further submitted by the learned counsel for the petitioner that the carry forward vacancy of the sc candidates could not have been advertised by the opposite parties as it would have been in violation of section 7 of the act, according to which not more than 50% of the vacancies of the year including the carry forward vacancies of the sc & st candidates can be filled in a particular year for which appointments are made. ..... he has emphasized that the appointment of the petitioner after selection as an sebc candidate is in accordance with the rules and provisions of law and the act of the opposite parties terminating her services for no fault of her, is violative of her fundamental rights, is illegal and against the principle of law and natural justice.6. mr ..... as per the counter-affidavit of the opposite parties, the act was implemented by the university in the year 1982 for the first time and according to the roster, the ist point had been filled up by ur which was filled in by another ur candidate for the recruitment made in .....
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