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...relation to the claim of Rs 4,20,000. It is well settled that every breach of contract would not give rise to an offence of cheating and only in those cases breach of ...the Ranchi Bench of the Patna High Court, as it then stood, whereby petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as “CrPC”) filed on behalf of the appellant for...quashing the first information report lodged against him has been dismissed.3. The short facts are that Madhusudan Ram Gupta, Respondent 2 filed a complaint in the Court of...
...the Contract Act has no application to cases of deposit for due performance of a contract which is stipulated to be forfeited for breach: ...:
"Section 74 of the Indian Contract Act deals with the measure of damages in two classes of cases (i) where the contract names a sum to be paid in case ...warrant for the assumption made by some of the High Courts in India, that s. 74 applies only to cases where the aggrieved party is seeking to receive some amount on breach of contract and not to ...
...law of contract. It has been urged on behalf of the respondent State that there has been no breach of contract in the cases before us. The State is, according to the learned Solicitor Gen...:“(i) Where a petitioner makes a grievance of breach of promise on the part of the State in cases where on assurance or promise made by the State he has acted to his prejud...terms of the contract, and the petitioner complains about breach of such contract by the State.”13. It rightly held that the cases such as Union ...
....12. From the decisions cited by the appellant, the settled proposition of law is that every breach of contract would not give rise to an offence of cheating and only in those cases...settlement was completed only on 5-1-2009 due to the efforts of the Company itself and not at the instance of the complainant and at any rate it can only be breach of contract for which no criminal...Chockalingam Nagappan, J.— All these appeals are filed challenging the impugned common order dated 28-1-2011 passed by the High Court of Kerala at Ernakulam in...
...writ petition was allowed despite the objection raised by the appellants that the respondent committed breach of contract and the Court should not exercise its writ jurisdiction in such cases. LPA No...under Article 226 of the Constitution of India for granting relief in case of alleged breach of contract.3. Settled law — writ is not the remedy for enforcing contractua...competent jurisdiction for appropriate relief for breach of contract. It is settled law that when an alternative and equally efficacious remedy is open to the litigant, he should be required to pursue...
....10. Section 74 of the Indian Contract Act deals with the measure of damages in two classes of cases (i) where the contract names a sum to be paid in case of ...warrant for the assumption made by some of the High Courts in India, that Section 74 applies only to cases where the, aggrieved party is seeking to receive some amount on breach of contract and not to ...” comprehensively applies to every covenant involving a penalty whether it is for payment on breach of contract of money or delivery of property in future, or for forfeiture of right to money or o...
...a uniform principle applicable to all stipulations naming amounts to be paid in case of breach, and stipulations by way of penalty.9.***...breach of contract and not to cases where upon breach of contract an amount received under the contract is sought to be forfeited. In our judgment the expression ‘the ...stipulation by way of penalty’ comprehensively applies to every covenant involving a penalty whether it is for payment on breach of contract of money or delivery of property in future, or for forf...
...“of disputes in connection with a contract, such as the question of repudiation, frustration, breach etc. In those cases it is the performance of the contract that has come to an end, but...the appellant had a right to repudiate the contract, he could claim damages for breach of contract. Such a claim for damages is a dispute or difference which arises between himself and the appellant...it cannot subsist. In all these cases, since the entire contract is put an end to, the arbitration clause, which is a part of it, also perishes along with it. Section 62 of the Contract Act...
...Section 74 of the Indian Contract Act, nor the principles of law laid down in decisions dealing with promises to pay specified sums in case of breach of ...deposits for breach of stipulations even when some of them are but trifling, while others are not such. In such cases the rule is that where the instrument refers to a sum deposited as security for...1. This is a Rule on the opposite party to show cause why the order of the Small Cause Court Judge, dated the 19th January 1909, should not be modified.
2. The facts are...
...has no application to cases of deposit for due performance of a contract which is stipulated to be forfeited for breach, Natesa Aiyar v...-27:‘Section 74 of the Indian Contract Act deals with the measure of damages in two classes of cases: (i) where the contract names a sum to be paid i...of contract and not to cases whereupon breach of contract an amount received under the contract is sought to be forfeited. In our judgment the expression ‘the contract contains a...
...respondent suffered any damage by the breach of this contract.9. The two principles on which damages in such cases are calculated are well-settled. The first is that, as far as...that the measure of damages in certain circumstances may be what the parties knew when they made the contract to be likely to result from the breach of it. But they are cases of a special type; in...breach of the contract and was thus liable in damages. After further exchange of notices between the parties, the present suit was filed in November 1947.2. Written statements...
...makes it clear that the wrong complained of in a case of this description is a tort and not a breach of contract. Cases arising under S. 235 of the Indian Companies Act...malfeasance or misfeasance complained of is entirely independent of contract. The facts do not permit of any case based upon contract being set up by the plaintiff in respect of the untrue represe...Art. 115 which is the residuary article in the case of suits for compensation for breach of contract which are not specially provided for elsewhere in the statute. The contention urged on behalf of...
..., such as the question of repudiation, frustration, breach etc. In these cases it is the performance of the contract that has come to an end, but the contract is still in existence for certain pur...that when a question of breach of contract, inter alia, is raised after the termination of the contract, it is the performance of the contract that comes to an end on termination...contract or alter the original contract in such a way that it cannot subsist. In all these cases, since the entire contract is put an end to, the arbitration clause, which is a part of it, also...
...the allegations levelled
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in the complaint, that no case worth the name of criminal breach of trust or cheating coul...the breach of contract need not necessarily entail the consequences of the...learned Metropolitan Magistrate, The Magistrate ordered a police inquiry under section 202 of the Cr.P.C., and on receipt of the report, thought fit to issue process for the offence of criminal breach of...
...this Court that every breach of contract would not give rise to an offence of cheating and only in those cases breach of contract would amount to cheating where there was any dec...Senior Advocate appearing on behalf of the appellants that the allegations as contained in the FIR at best pointed towards the dispute, namely, relating to breach of the conditions of the contract and...Companies Act, 1956. A contract was entered into between M/s. SPML Infra Limited and the Government of Arunachal Pradesh on 18.03.1993 for construct...
...prove actual damages, inasmuch as for invoking such a penal clause, the State was bound to establish breach of contract on the part of the licensees and consequential entitlement to damages particularly when the co...application to cases of deposit for due performance of a contract which is stipulated to be forfeited for breach e.g Natesa Aiyar v. Appavu...Act deals with the measure of damages in two classes of cases (i) where the contract names a sum to be paid in case of breach, and (ii) where the contract contains any other stipulation b...
...been otherwise since the passing of the Contract Act, and Section 73 of the Act coupled with illustration n annexed thereto was relied on. No doubt the section applies to and includes the cases of ...that the framers of the illustration were not considering under what conditions and limitations interest should be awardable in cases of breach of contract to pay money. They meant only to point o...1. The question in this case is whether the plaintiff, to whom a sum of money was payable under an oral contract, is entitled to interest prior to the date of the suit?
2...
...breach of contract would not give rise to an offence of cheating and only in those cases breach of contract would amount to cheating where there was any deception played at the v...criminal colour to it and that breach of contract does not come within the purview of cheating as defined in IPC. In addition to it, it was submitted that the transaction in question between the....”38. There can be no doubt that a mere breach of contract is not in itself a criminal offence and gives rise to the civil liability of damages. However, as held by t...
...the period of warranty expired. As during the period of warranty, the respondent got the system attended to by the local mechanic, the same constituted breach of the contract of warranty....breach of contract of warranty would not enable the appellants to reject the entire contract and claim the price of goods supplied, particularly, when in the instant case the period of wa...may be a condition or a warranty.(2) A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a...
...indicated. Merely because there was allegedly a breach of contract, that cannot in all cases rule out criminal prosecution. It is pointed out that even the arbitration award on which reliance has been...that the matter arose out of breach of contract, the same was of civil nature and a criminal case against the accused was not made out.4. The High Court endorsed the view..., therefore, the High Court should not have in a summary manner dismissed the appeal after having recorded that a criminal case may arise even when breach of contract is also there and there is no bar for...