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
prove the frustration of the contract on facts and the circumstances warranting Section 56 of the Indian Contract Act, 1872, to be attracted not being ... contract. It should strike at the root of the contract. Therefore, the plea made to invoke under Section 56 of the Indian Contract Act, 1872
prove the frustration of the contract on facts and the circumstances warranting Section 56 of the Indian Contract Act, 1872, to be attracted not being ... contract. It should strike at the root of the contract. Therefore, the plea made to invoke under Section 56 of the Indian Contract Act, 1872
event.
(viii) Applying Sections 23 , 53 and 54 of the
Indian Contract Act, 1872, it was held that the
stipulation, in Item ... Tribunal, that Item 18
of the Contract Data was hit by Section 23 of the Indian
Contract Act, 1872, amounted to rewriting the contract, which
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
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 ... India Contract Act, 1872 reads as under:-
"74. Compensation for breach of contract where penalty
stipulated for. - When a contract has been broken
under Section 18 of the Limitation
Act, 1963.
75. However, Section 25(3) of the Indian Contract Act, 1872 reads as
under:
― Section ... provisions of the Indian Contract Act , it could
be set aside.
83. Sections 73 and 74 of the Indian Contract Act, 1872 provide for
calculation
under Section 18 of the Limitation
Act, 1963.
75. However, Section 25(3) of the Indian Contract Act, 1872 reads as
under:
― Section ... provisions of the Indian Contract Act , it could
be set aside.
83. Sections 73 and 74 of the Indian Contract Act, 1872 provide for
calculation
