INFO :
RF 1972 SC1507 (28)
D 1979 SC 852 (3,5)
ACT:
Contract--Commercial transaction--Breach--Time, if of the
essence of the contract--Aggrieved ... Party, if can rescind the
contract--Interest--Rate--Awarding of-- Principle--Indian
Contract Act, 1872 (IX of 1872), s. 55.
HEADNOTE:
The respondent had agreed
after 1951-Agreement that Act should
apply-If binding upon landlord- Indian Contract Act (9 of
1872), s. 23-Scope of.
HEADNOTE:
The appellant ... agreement was
unlawful within the meaning of s. 23 of the Indian Contract
Act, 1872.
In appeal to this Court,
HELD : The general principle
therefore rejected by the appellants. The appellants then cancelled the contract and forfeited the entire security deposit of Rs. 18, 332/- which was kept ... held that the appellants were entitled under Section 74 of the Indian Contract Act to the award of reasonable compensation only, which the arbitrator fixed
CITATION:
1962 AIR 366 1962 SCR (1) 653
ACT:
Damages-Breach of contract.-Sale of goods-Measure of
damages-Foreseeable consequence of breach-Knowledge ... parties- Indian Contract Act, 1872 (9 of 1872), s. 73.
HEADNOTE:
The appellant entered into a contract with the respondent
for the sale of certain
recovered liquidated damages to the
extent of 10 per cent of the contract value amounting to
`4,59,992.00 on account of delay in completion ... work was
completed only on 15.5.1996. In terms of the contract, liquidated
damages are liable to be imposed by the respondent @ 1 per cent
with that of the principal debtor under Section 128
of the Indian Contract Act, unless it is otherwise provided by the
contract.
9 The Three ... with it in a way he
likes. Section 128 of the Indian Contract Act itself provides that
"the liability of the surety
usually awarded to compensate an
injured party to a breach of contract for the loss of
his bargain. In the case of Johnson ... money
can do so, in the same position as if the
contract had been performed.
8
12. The aforesaid proposition remains to hold the
field
parties have used and their Lordships have found nothing in the contract which is inconsistent with it.
12. To appreciate the argument for the appellant ... clearly laid down in a large number of English authorities. The Indian Contract Act though it deals with the effect of mistakes of fact
This appeal raises an important question of commercial law under the Indian Contract Act . It is brought by the plaintiff, who carries on business from ... defendants are a limited company who import such films into India. The contract between the parties was expressed in a letter dated
case, fell within the protective provisions of Section 2 of the Indian Contract (Amendment) Act, 1899. It may be convenient to set that section ... full:--
2. Section 16 of the Indian Contract Act, 1872, is hereby repealed, and the following is substituted therefor, namely:--
16.--(1) A contract