Section 37 of the Contract Act is concerned, it is submitted that Section
37 of the Contract Act itself is qualified by the words ... declare any
part of the contract as void and opposed to Section 28 of
the Indian Contract Act, 1872 ?
d) Whether the petitioner had admitted
Claimant had applied for rescission of
contract, the second part of section 19 of the Indian Contract Act, 1872
could not have been invoked ... contract and thus
had forfeited its right of performance of contract and to claim damages
under section 19 of the Indian Contract Act, 1872
Claimant had applied for rescission of
contract, the second part of section 19 of the Indian Contract Act, 1872
could not have been invoked ... contract and thus
had forfeited its right of performance of contract and to claim damages
under section 19 of the Indian Contract Act, 1872
nature of liquidated damages falling under section 74 of the Indian Contract Act,
1872. The award of claims proceedings on the premise that the same ... liquidated damages is contrary to section 74 of the Indian Contract
Act, 1872 and also contrary to the agreements entered into between the parties
before and after the Hindu Marriage Act, 1955 , came into force, definitely show that the Indian Contract Act, 1872 , does not apply to the marriage ... under Section 2 of that Act.
15.I am, therefore, of the opinion that the Indian Contract Act, 1872 , does not apply to a marriage
India, Sections 239 to 266 of the Indian Contract Act, 1872, deal with partnership. Section 253(10) provides that, in the absence of any contract ... provides:-
(1) Notwithstanding anything contained in Section 45 of the Indian Contract Act, 1872, where two or more persona may sue or be sued
time. Reliance is placed on Section 70 of the Indian
Contract Act 1872 and it is submitted that the learned arbitrator ought to
have allowed ... thereof
which read thus :
"13. If a party to a contract has done additional construction
for another not intending to do it gratuitously
light of the amendment to Section 28 of the Indian Contract Act, 1872, which came into force with effect from 8th January 1997, the Bank ... were ill-advised to rely on Section 28 of the Indian Contract Act, 1872 which amendment had no impact on the contractual obligation
contract in question is hit by
Section 23 and/or Section 30 of the Contract Act.
54. Though the Indian Contract Act, 1872 defines ... contract. I think the issue of
whether the present contract is wagering contract, and therefore, hit
by Section 30 of the Contract Act, 1872
relied upon Section 23 of the Indian Contract
Act, 1872, which has declared, as to what consideration and
objects are lawful and what ... agreement is
consequently void under Section 23 of the Indian Contract Act,
1872.
28. In order to test this argument, which is strongly resisted
