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...in return for a past consideration and not for a reciprocal promise is necessarily void. It is not stated that the acceptance of a promise made by an adult requires competency to contract on the past...liabilities on the buyer in the absence of a contract to the contrary. The imposition of these liabilities involves the notion of competency to contract which the opening words of the sec...except as the result of an agreement between the parties. In other words a sale necessarily involves the idea of a contract as its foundation, and the Privy Council has held that a contract by a...
...parties. (emphasis supplied) Whether a particular amount was liable to be paid is a decision within the competency of the arbitrator. By purporting to construe the contract the court cannot take upon...respect of that contract was executed by both the parties on 8-6-1982. As certain disputes arose between the parties in respect of transportation work the appellant issued notices to the respondent...would mean ‘by one side’. … In fact, RW 1's version that ‘one kilometre lead’ means ‘one kilometre by one side’ is contradicted by their own witness RW 5, to whom a part of PW 1's present contract...
...the competency of the arbitrator in this case. By purporting to construe the contract the court could not take upon itself the burden of saying that this was contrary to the contract and, as such...S. Ranganathan, J.— The appellant company entered into a contract with the Public Works Department of the Jammu and Kashmir Government for the construction of a bridge on the...River Chenab at Baradari. Certain disputes arose between them which were referred to arbitration in pursuance of a clause therefor contained in the contract. The two joint arbitrators made an award on...
...conclusion that the arbitrator had acted contrary to the bargain between the parties. (emphasis supplied) Whether a particular amount was liable to be paid is a decision within the competency of the arbitrator. By purporting to cons....3. A contract for the construction of second portion of Mahi Bajaj Sagar Dam, Banswara was given to the respondent Company, Puri Construction (P) Ltd. by the appellant State of Rajasthan...court should not substitute its own evaluation of the conclusion of law or fact made by the arbitrator for the purpose of holding that such conclusion being contrary to the contract the arbitrator has...
...of the jurisdiction…. Whether a particular amount was liable to be paid or damages liable to be sustained, was a decision within the competency of the arbitrator in this case. By purporting to construe the contract....3. The formal contract between the parties for the execution of the said work was entered into on 2-2-1968. The said contract was awarded to the respondent for a sum of Rs 5,04,15,107 an...-1974 when it informed the Superintending Engineer that work in excess of Rs 540 lakhs had been undertaken which was about Rs 36 lakhs in excess of the contract value. According to the respondent as...
...the arbitrator had acted contrary to the bargain between the parties. Whether a particular amount was liable to be paid or damages liable to be sustained, was a decision within the competency of the arbitrator in this case. By purpo...the terms of contract between the parties. Under such circumstances the award could not be set aside, especially when there was no error apparent on the face and that there was nothing to show that...Rs 17.45 lakhs was sanctioned for the work and it was entrusted on contract to the claimant — appellant herein, on tenders. The value of the work arranged on contract was Rs 14.45 lakhs as per the...
...arbitrator had acted contrary to the bargain between the parties. (emphasis in original) Whether a particular amount was liable to be paid is a decision within the competency of the arbitrator. By purporting to construe the ..., the work was scheduled to be completed on or before 28-6-1989. However, by mutual agreement, the period of contract was extended from time to time and finally till 5-11-1990. The work was completed on 3...Union of India. We find that the arbitrator acted unreasonably and irrationally in ignoring the limits and the provisions of the contract as submitted by the learned counsel for the appellant...
..., Assam, Haflong, the dispute could not be resolved by resorting to Clause 24.1.
14. Since the competency of the Executive Engineer to terminate the contract has been...will not be applicable.
15. Accordingly, this Court would hold that the present dispute can be resolved through Clause 20.1 of the Special Conditions of Contract.
...Arbitrator on the ground that after the dispute has arisen between the petitioner and the NCHAC authorities, in terms of the Arbitration Clause 20.1 of the Special Conditions of Contract (SCC), the matter is...
...with competency to contract does not contemplate the case of a corporation. But even if this be so, the matter must be decided in the light of general principles of law as expounded in the passage...out of the right to collect slaughtering fees is unauthorised by law, and is ultra vires.3. Is the suit contract therefore void and unenforceable? We are forced to the conclusion that it...is so, as infringing the provisions of both Section 11 and Section 23 of the Indian Contract Act, IX of 1872. The powers of a corporation must be strictly construed and it...
..., undertaking supervision of the work of their employees and innately under the licence to have beforehand delegated that function to the holder of the certificate of competency. Thus we hold that on the t...to the principal employer by the person with whom the person whose services are so lent or let on hire has entered into a contract of service;”4. The Calcutta...contractors) over his employee was exercised, on the terms of the contract, towards fulfilling a self-obligation or in discharge of duty as an agent of the principal employer.14...
...the transaction, which Saiyid Ali Zafar managed to secure from him for the benefit of his wife.... The only conclusion we can come to is that the lease was void for want of competency to contract due...1. This is a plaintiff's appeal from a decree of the learned Civil Judge of Bareilly dated 18th September 1935, which reversed a decree dated 26th March 1935 of the Haveli Munsif..., Bareilly. The facts that have given rise to this litigation are as follows: One Laobhman Prasad, along with his sons, mortgaged certain zamindary property in mauza Raipura Girdhari Lal in favour of the...
...persons who are neither minors nor insane: and that, for the purposes of the law of contract, it treats such persons, while disqualified, as ejusdem generis with minors and lunatics. It places them under a general category ...Section 68 of the Contract Act.2. The position then is that the consideration for the promissory note in suit was advanced at a time ...68 of the Contract Act it has however been urged on behalf of the plaintiff that he is entitled to recover the money lent under...
...terms of the Contract Act, section 43, where two or more persons' make a joint promise, the promisee may, in the absence of express agreement to the contrary, compel any one...only of the joint promisors has been sued. In such a case each of those liable under the hand-note is liable to the full extent of the loan unless there are some special terms in the contract which...in some way limit or restrict their liability, and under the provisions of section 43 of the Contract Act it is quite...
...following the procedure prescribed by Section 72 was valid.4. Section 72(1) and (2) at the relevant time, read thus:“72. Competency of Municipal Council to lease, sell and contract.-(1...S.P Bharucha, J.:— The appellant had purchased property measuring 14′ × 50′ at the junction of Middle School road and the then Telephone Exchange road in Shikaripur town. There was...applied to the Town Municipal Council for allotment to him of the said land. Upon the application, a resolution was passed on 17th May 1983. It was resolved that the said land lacked public demand since...
..., has pleaded that since the rent deed was void ab initio, as at the time of alleged rent deed, the petitioner did not have the competency to enter into the contract. The entire suit was founded on the...him was signed when he was a minor. Therefore, the respondent-plaintiff could not base his civil suit for eviction and recovery of rent on the basis of a void contract. Therefore, the plaint deserved to...contract has been entered with a minor, but for the benefit of the minor, then the minor is duty bound to return the benefits that he has earned from the contract. The learned Magistrate has also noted...
...of the Corporation for entering inttt the contract in question.
9. Section 11 of Indian Contract Act which deals about the competency of the parties to...No. 3 being an employee of U.P. State Mineral Development Corporation (for short the corporation) was legally incapable of entering into any business contract during the*course of his employment...respective Hon'ble Judges forming the Division Bench. The root question involved in this petition is as to whether an employee of the Corporation is capable of entering into any business contract during...
...was liable to be paid or damages liable to be sustained, was a decision within the competency of the arbitrator in this case. By purporting to construe the contract the court could not take upon....2. The parties hereto entered into a contract dated 20-8-1964 for the purpose of construction of Obra Dam, powerhouse, structures and appurtenant works. Disputes and differences having...herein invoked the arbitration agreement contained in clause 17 of the contract in connection with earthfill and rockfill which was recorded from 53rd running bill up to the 88th running bill. One Shri J.S...
...particular point now before the Court--the competency of a Court subordinate to the District Court to entertain a suit under the 265th Section of the Contract Act--was not raised or determined in...1. Section 265 of the Contract Act declares the right of a partner, on the determination of the...he must have recourse. If the clause containing the explanation were taken from the place it occupies in the Contract Act and carried into the Procedure Code, there could be no doubt that its effect...
...was liable to be paid is a decision within the competency of the arbitrator. By purporting to construe the contract the court cannot take upon itself the burden of saying that this was contrary to the...contract permitted sub-contracting thereof by HSCL with the consent of NHPC. Thus, HSCL sub-contracted the said works to respondent herein, i.e. Progressive Construction Ltd. (PCL) vide contract...permissible by the respondent to the appellant. Be that as it may, a contract dated February 09, 1990 was signed between the appellant and the respondent (even prior to the award of work by HSCL to the...
...for the purpose of necessity of benefit to the estate and that, therefore, a contract to sell is not within the competency of a guardian, whether de facto or de jure.
8. Before...and 514.
29. Under Hindu law, as I have already indicated in a different context, a guardian has legal competency to enter into a contract on behalf of a minor for necessity or for...be can file a suit for the specific performance of the contract. As there is legal competency on the part of the guardian in the circumstances, no question of mutuality can arise at all...