were
falling. The plaintiff had failed to act in terms of Section 73 of the
Contract Act, 1872 and having failed to mitigate its damages ... Section 73 of the Contract Act, 1872
while acting under Section 176 of the Contract Act, 1872.
Mitigation of losses as a principle would have
Section 28 of
Indian Contract Act, 1872. For the sake of convenience Section 28 of the Act, 1872 is
reproduced herein below:-
"28. Agreements ... West Bengal Premises Tenancy Act, 1997 and barred under
Section 28 of the Indian Contract Act, 1872) as now contended, then it was
open
Section 28 of
Indian Contract Act, 1872. For the sake of convenience Section 28 of the Act, 1872 is
reproduced herein below:-
"28. Agreements ... West Bengal Premises Tenancy Act, 1997 and barred under
Section 28 of the Indian Contract Act, 1872) as now contended, then it was
open
other section of the Indian Contract Act . That rule consequently remains unaffected by the Contract Act as provided in its first section.
40. It appears ... passing of the Indian Contract Act .
45. In introducing the Bill which subsequently became the Indian Contract Act, 1872 , Mr. FitzJames Stephen said
applicable to this case and neither the Carriers Act 1865 nor the Indian Contract Act 1872 can be applied. He further contended that ... Indian Contract Act or by the English Common Law.
10. The question of applicability of the Contract Act, 1872 to common carriers was finally
case of frustration of contract, as
contemplated in section 56 of the Indian Contract Act, 1872 and not a case of
breach of contract ... contract. A contract cannot be
uncertain. It must not be vague. As per the provisions of Section 29 of the
Contract Act, 1872 a contract
case of frustration of contract, as
contemplated in section 56 of the Indian Contract Act, 1872 and not a case of
breach of contract ... contract. A contract cannot be
uncertain. It must not be vague. As per the provisions of Section 29 of the
Contract Act, 1872 a contract
Supreme Court
held as follows:-
"(i) Section 74 of the Contract Act, 1872, is sandwiched between
Sections 73 and 75 of the said Act ... contract after such party rightfully rescinds such contract.
Compensation is payable for breach of contract under Section 74
of the Contract Act, 1872, only
Act, 1872. The section states:
".56. Agreement to do impossible act. -An agreement to
do an act impossible in itself is void.
Contract ... renders the performance of the contract impossible, then
Section 56 of the Contract Act applies. When the act contracted for becomes
agreement being void and
barred under Section 23 of the Indian Contract Act, 1872. Such a contract was not or
is not enforceable. The fact ... FERA, 1973 is also offensive to Section 23 of the Indian Contract Act,
1872. "Ejusdem generis" rule being one of the rules
