...covenantor. Damages to be on the date of the suit in accordance with section 73 of the Contract Act. Cases remended. ...provisions of clause (6) of section 68 of the Transfer of Property Act. The date of the mortgage renders that Act inapplicable, but we will assume in the plaintiffs favour that the remedy...indicated by section 68 is open to them apart from the Act. If this be so the right to sue arises when the mortgagee is deprived of the whole or any part of his security not when the...

... s. 74 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.... 526: "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... 1969 SCC (2) 586 CITATOR INFO : RF 1970 SC1986 (33) F 1973 SC1098 (3,4) ACT: Indian Contract Act...

...or illegality of the act agreed to be done and hence comes within the purview of Section 56 of the Indian Contract Act. It would be incorrect to say that Section 56 of the Contract Act applies only to cases of...differences in the way of formulating legal theories really do not concern us so long as we have a statutory provision in the Indian Contract Act. In deciding cases in India the only doctrine that...ordinary rules of construction would have to be applied to find out what the real intention of the parties was. According to the Indian Contract Act, a promise may be express or implied. In cases, therefore...

...may be sought, and a conveyance by which title to property has actually passed. Cases of mere contract are governed by the provisions of the Indian Contract Act, Cases of...provisions of the Indian Contract Act are to be deemed to have been incorporated in the Transfer of Property Act, I must point out what has in some cases been...enforce the covenants entered into by the mortgagor, but he does so not under the provisions of the Specific Relief Act or the Contract Act but under the statutory right given to him by the Transfer of Property Act. If that Act does not debar him from claiming partial relief, I fail to see why he should be completely thrown out of court.In most cases of...

...the Contract Act. Cases of transfer of immovable property are governed by the Transfer of Property Act. A mere...for the transfer is itself not unlawful but the transfer may be ineffective on some other ground.Coming back to the question how much of the provisions of the Contract Act, are to be deemed to have been incorporated in the Transfer of Property Act, I must point out what has in some cases been...contravenes the provisions of Section 23 and 24 of the Contract Act read with Section 54 of the Indian Companies Act, 1913, inasmuch as its object and consideration...

...Contract Act. In deciding cases in India the only doctrine that we have to go by is that of supervening impossibility or illegality as laid down in Section 56 of the Contract Act, taking the word “impossible...the happening of an uncertain future event, under Section 32 of the Contract Act.25. On the other hand, the common law at one point interpreted the consequence of such frustration to fall on the party who sustained loss before the frustrating event. The best example of such an interpretation can be seen in the line of cases which...orders do not come within the ambit of Clause 23 of the Contract.6. Aggrieved by the award, the Respondent challenged the same under Section 34 of the Arbitration Act before...

...a document executed before the Contract Act; but however that may be such cases differ materially from the present. In them the agreement to pay an increased rate of interest from a future day may...Section 74* of the Contract Act. 4. The appeal will be dismissed with costs. ...clause." 2. Several cases were cited to us in which full effect has been given to an agreement, that if money is not paid at the due date it shall from that time bear an' increased...

...contract by reason of supervening impossibility or illegality of the act agreed to be done and hence comes within the purview of Section 56 of the Indian Contract Act. It would be incorrect to say that Section 56 of the Contract Act applies only to cases of.... That section however does not enact and cannot be read as enacting that the provisions of the Contract Act are to be read into the Transfer of Property Act. There is a clear distinction between a completed conveyance and an executory contract, and events which discharge a contract do not invalidate a concluded transfer.10. By its express terms Section 56 of the Contract Act does not apply to cases in...need not be considered, for in India by the provisions of the Indian Contract Act have turned a limited exception under the English common law into a positive general rule in Section 56 of...

....’ ”While construing this provision vis-à-vis Section 28 of the Contract Act and the cases cited above and several other cases, in addition, this is what the Court ultimately concluded...the provisions of Section 28 of the Contract Act, 1872. In this connection, he has pointed out that this matter was concluded against the respondent by the judgment in Food Corpn. of India v...stipulated period which could be less than that prescribed by the Limitation Act, was not violative of Section 28 of the Contract Act and as such the findings of the Commission were perfectly in...

...down a rule of positive law and did not leave the matter to be determined according to the intention of the parties. Since under the Contract Act a promise may be expressed or implied, in cases where...contract, the contract became impossible of performance and that therefore under Section 56 of the Contract Act the contract ought to have been treated as void and (c) that the arbitrators had...appeal from the said order agreed with the learned Single Judge and dismissed the appeal. Hence this appeal.5. Section 56 of the Contract Act inter alia provides that a...

...Indian Contract Act). That has been decided in several cases. Kunwar Chiranjit Singh v. Har Swarup...breach of contract was committed by the buyer and, in dealing with this question, it observed at p. 526:“Section 74 of the Indian Contract Act deals with the measure of damages in two classes of cases (i...under Section 74 of the Contract Act and the Courts erred in not considering this aspect. Under this head, the counsel also urged that even a forfeiture of earnest money can only be, if the...

...challenged the charges and cases under the Foreign Exchange Regulations Act in the High Court at Calcutta in Writ Petition No. 959 of 1973 which is pending.7. The.... Rights under Articles 14, 19 and 21 do not extend to the compelling of any third party including the Government to negotiate or enter into a contract. The duty to act fairly may include in many...cases duty to act judicially and those would be cases where there is existing vested rights. The duty to act fairly would not always mean a duty to hear the party affected. Whereas public blacklisting...

...Act or its corresponding section of the Hyderabad Contract Act to make it inapplicable to such cases.A person who, however, gives money for an unlawful purpose...illegal and the lease on that basis was also illegal, the plaintiff was not entitled to claim relief under Section 65 of the Indian Contract Act. It, therefore, dismissed the suit....5. On appeal the High Court also held that neither Section 65 nor Section 72 of the Contract Act applied to the facts of the case.6. We are of the view...

...do not wish to express any final opinion on the applicability of Section 235 of the Contract Act to cases where the contract suffers from the infirmity that the requirements of Article 299...filed by the plaintiff against the State. As the judgment of the High Court proceeded mainly on the provisions of sub-section (3) of Section 230 of the Contract Act the whole of that section may be set...them.Such a contract shall be presumed to exist in the following cases:(1) where the contract is made by an agent for the sale or...

...referred to unjust enrichment in cases under Section 72 of the Contract Act. See Shiv Shanker Dal Mills v. State of Haryana (1980) 2 SCC 437...(1975) 1 SCC 636, AIR 1975 SC 813, (1975) 2 SCR 511 that although Section 72 of the Contract Act has been held to cover cases of payment of money under a mistake of...legal interest upon a usurious contract, or, for money fairly lost at play; because in all these cases, the defendant may retain it with a safe conscience, though by positive law he was barred from...

...forfeiture of Rs 24,000 is manifestly a stipulation by way of penalty.10. Section 74 of the Indian Contract Act deals with the measure of damages in two classes of cases (i...Section 74 of the Indian Contract Act, which in its material part provides:-“When a contract has been broken, if a sum is named in the contract as the amount to be paid in case of...where the, aggrieved party is seeking to receive some amount on 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...