...sense that if the performance of a condition precedent by the plaintiff had been rendered impossible by the neglect or default of the defendant, it is equal to performance”.34. The performance of a condition precedent in a contract is....“For where the right to demand performance of a certain act depends on the execution by the promisee of a condition precedent or prior act, the readiness and offer of the latter to fulfil the condition and, the discharge or hindrance of its performance by the promisor are in law equivalent to the completion of the condition precedent and will render the promisor liable upon his contract”.“………………………So...Sale of Goods Act provides that whereunder a contract of sale, the property, in the goods has passed to the buyer and the buyer wrongfully neglects or refuses to pay for the goods according to the...

...expressly provided that the truth of the statements in the said proposal would be condition precedent to the liability of the defendant company to pay under the policy. In disregard of the requirement that utmost good faith was necessary in both the parties during the making of the contract of insurance, it was alleged, the plaintiff made a written...that they did intend to treat the contract for the future as at an end, on account of the failure to perform the condition precedent?’ That passage was cited by Viscount Reading, C.J, in Panoutsos v. Raymond Hadley Corporation of New York, and applied to a case where the question was whether the defendants were entitled to take advantage of a breach of a condition precedent in a contract, and...the whole truth in relation to the subject matter of a contract. There is only the negative obligation to tell nothing but the truth. In a contract of insurance, however, there is an implied condition...

...(1767) I ITR. 638 at page 645 (C). "It was evident from common sense that if the performance of a condition precedent by the plaintiff had been rendered impossible by the neglect or default of the defendant, it is equal to performance". The performance of a condition precedent in a contract is.... "For where the right to demand performance of a certain act depends on the execution by the promisee of a condition precedent or prior act, the readiness and offer of the latter to fulfil the condition and, the discharge or hindrance of its performance by the promisor are in law equivalent to the completion of the condition precedent and will render the promisor liable upon his contract". So...completion of the contract by the other party. The courts are most ready even to imply a condition even if there is no express condition in the contract, that each party undertakes to do all that is...

...a condition precedent for payment of TDS. The contract may be in writing or it may be oral but the liability to pay tax arises when the recipient of the said amount receives payment in excess of Rs...hiring of vehicles by the assessee is definitely in the nature of transport contract and, hence, the disallowance under section 40(a)(ia) on vehicle maintenance claim of Rs. 79,45,225 on which as of now...the second issue, it was held that there was a difference in receipt disclosed by the assessee in the profit and loss account on account of transport contract and the figure as per the TDS certificate...

...Relief Act, 1963 postulates continuous readiness and willingness on the part of the plaintiff. It is a condition precedent for obtaining a relief of grant of specific performance of contract. The court, keeping in view...S.B Sinha, J.— Leave granted.2. Subsequent purchasers who were arrayed at a later stage in a suit for specific performance of contract are before us...that although grant of a decree for specific performance of a contract is discretionary in nature but as the plaintiff had paid a substantial amount, she should be held to be entitled thereto...

...have, therefore, no hesitation in taking the view that the expression “terms” of a contract in s. 91, and the corresponding expression in s. 92, have no application to a statement contained in a writing which is in the nature of a condition precedent to...nature of a condition precedent to the very formation of the contract, and that condition not having been fulfilled, no contract ever came into existence. As against that, it is the case of Mr. Laud for the plaintiffs that the statement contained in the...to Murray's Dictionary, a condition or stipulation which limits what is to be granted or done, and, in my opinion, therefore, it cannot apply to something which is in the nature not of a limitation of what is to be done under a contract, but of a condition precedent to...

...carrying out of the works. The owner and the contractor hereby also agree that the said reference to the Committee under this clause shall be a condition precedent to any right of action under the contract.”11. In matters...stand that Respondent 1 was awarded a contract for the work of improvement and widening of part of the Thermax-Telco-Bhosari Road which was divided in three phases and contract for Phase III...remedy for enforcement of the contract. In matters flowing from the contract, a petition under Article 226 of the Constitution of India cannot be maintained. Further, disputed questions are...

...submitted to these terms and that on these terms security deposit is a condition subsequent and not a condition precedent. Clause 4(b) makes it clear that the failure to make the deposit would be a breach of the contract itself. This position is not disputed; but Mr Din Dayal contends that this position has been substantially varied by the form in which...respondent. His argument is that the material words used in the acceptance letter changed the pre-existing position and made the security deposit a condition precedent to the acceptance itself. If this contention is right it would necessarily mean that there was no concluded contract. Thus the decision of this point depends upon the construction of the letter of acceptance issued by the respondent to the appellant after receiving its tender.16. In this...argument that the letter was intended to make a substantial variation in the contract by making the deposit of security a condition precedent instead of a condition subsequent.17. In the result the appeal fails and is dismissed with costs....

...is a rule of law that parties cannot by their private contract oust the jurisdiction of the court; but it has been held that parties to a contract may nevertheless agree that no cause of action shall arise upon it until any matter in dispute between them shall have been determined by arbitration and then only upon the arbitrators' award.”The discussion in para 1986 relates to whether arbitration is a condition precedent or...decide the quantum of that liability. In either case an award by the arbitrators is a condition precedent to any right of action. There is no difference between a case where the arbitrators have to decide the question of the liability itself and a case where he has to decide the question of the quantum of that liability. In both cases if the contract makes...arbitration clause is couched in a comprehensive language taking within its ambit any kind of dispute arising under the policy, then obtaining of an award by arbitration is a condition precedent to the starting...

...insistence of the respondent no. 2 board for submission of a written offer/engagement letter of contract from any organization or institution as a condition precedent for grant of contract carriage permit is impermissible in law.... Hence, petitioner's application for contract carriage permit in respect of a proposed route ought to have been considered on its own merits and in accordance with law...Joymalya Bagchi, J.:— The petitioner had applied for grant of contract carriage permit in respect of his trekker in the proposed route from Memary to Polempur via Jamalpur, Boro and...

...the goods has passed to the buyer subject to the lien of the unpaid seller. Under s. 18 of the Sale of Goods Act. it is a condition precedent to the passing of property under a contract of sale that the goods are ascertained. In the...transferred to the buyer unless and until the goods are ascertained. It is a condition precedent to the passing property under a contract of sale that the goods are ascertained. The condition is not fulfilled where there is a contract for sale of a portion of a specified larger stock. Till the portion is identified and appropriated to the contract, no property passes to the buyer. In Gillett...13th November 1951, the respondent agreed to sell to the appellants a stock of 415 tons of newsprint in sheets then lying in the respondent's godown. On 26th November, the parties varied the contract...

...their jurisdiction unless such construction is inevitable, and the rule is general that such a clause, which neither by express words nor by necessary implication makes an award a condition precedent as an essential and integral part of the contract, will be construed as merely collateral to the liability clause, and so, no bar to an action in the...award……..The distinction between the two classes of cases is frequently recognised. In one, an award is of the essence of the contract by virtue of its terms, thus creating a condition precedent to the right to sue at all. In the other, a liability may arise under the contract prior...make it available as a matter of defence in a suit on the contract, it is not strictly a condition precedent to a suit; and should arbitration fail, either through the conduct of the parties or of the...

...enforceable obligation on either side. The prospective vendees could not waive the condition in clause 6. On those findings and without expressing any opinion about the other findings of the Subordinate Judge, the High Court reversed his decree.7. The following points arise for determination by this Court—“(1) Was there a concluded contract?(2) Was the non-requisitioning of the premises a condition precedent to...be claimed as long as the contract remained in force. We think that the non-requisitioning of the premises was a condition precedent to the performance of the buyers' obligation to buy the premises. When the premises were requisitioned the buyers could rescind the contract, if they so desired.Re Point 411. As already discussed. Clause 6 was inserted in the...premises was a condition precedent to the performance of the seller's obligation to sell the premises, or that the contract came to an end on the requisitioning of the premises...

...decision.M.P.K Janakiram, the learned Advocate for the appellant contends that as the prepayment of the premium was a condition precedent to the contract of insurance coming into force and as that condition had not been complied with, there was in law...of the premium as provided in the policy. Rangnekar, J. states the law on the subject thus:“A contract of insurance like any other contract is completed by an offer made by one party to the other and accepted by the latter, and secondly, prepayment of the premium is not in law a condition precedent to...assured becomes liable to pay the premium, but his failure to pay it does not in itself absolve the insurers from the liability which they in turn have undertaken under the contract. In the event of a loss, therefore happening before payment, they must pay the amount due under the contract, unless the contract otherwise provides.In practice, prepayment of the premium is usually made a condition precedent to...

...the repeal of the Tamil Nadu Act in 1999, none of its provisions affected the agreement. The Judge held that clause (7) in itself, however, was not a condition precedent to the contract. It merely stated that clearance of the said 19 cents from the urban land ceiling authorities was upon the plaintiff, and that in the...do. As a result of this failure, the sale could not be affected within a year's time. This clearly rendered the contract void in terms of clauses 8 and 10 insofar as the contract was not performed...within a year's time. Hence, clause 9 was attracted and the contract stood cancelled for default of the plaintiff. It submitted that in terms of clause 9, the proposed vendor (defendant no. 1) refunded...

...Gajria, G.T: Law Relating to Building and Engineering Contracts in India, 4th Edn., at p. 563, it is stated:“In a contract, where there is a certificate clause which is a condition precedent to...always from some misconduct of the architect), has jurisdiction to consider any matters in respect of which the certificate of the architect by the terms of the contract is made a condition precedent...Barasat, being Suit No. 867 of 1995 praying for a declaration that the contract was void. Certain consequential reliefs were also prayed for therein in relation to the said termination of contract...

...decree-holder may not be in a position to enforce the decree but it cannot be held that such a permission is a condition precedent for passing a decree for specific performance of the contract.13...agreed to sell the same to the vendee. Permission from the Land and Development Officer is not a condition precedent for grant of decree for specific performance. The High Court relied upon the...1238 it was held that proper form of decree in a case like the instant one would be to direct specific performance of the contract between the defendant and the plaintiff and to direct the...

...the term of Condition 5 which enunciated that the power of final approval by an authority other than the auction officer and issuance of the allotment order in favour of the plaintiff was a condition precedent to the contract. The trial court has neither adverted to the aforesaid aspect of the case nor has referred to the conditions in its...in relation to the plot in question?(c) Whether the plaintiff could have maintained the suit in the absence of a concluded contract?(d...invitation to tender are in the realm of the contract. No bidder is entitled as a matter of right to insist the authority inviting tenders to enter into further negotiations unless the terms and conditions...