CiteTEXT
...the contracting parties and any breach of the same can not be justified. In Vimal Verma's case (supra), it was held by the Hon'ble National Commission that contract of insurance is based on principle ... proposal. An investigation, conducted by the appellant LIC, revealed that the policy holder had concealed material facts relating to status of his health in the proposal form. He was an employee...argued that the policy holder expired on 12.6.1991 whereas the policy was accepted on 5.10.1991 i.e. after the death of the proposer, therefore, the matter relates to unconcluded contract. It was...
...of the contract in a most material term.It will now be seen that the two cases are precisely similar. In Adam Haji Peera...departure from the letter of the contract is no breach of any essential term of it. The sole purpose, it is said, of the transfer form is to intimate to the Defendants the name of the par...The parties in thin case are two firms of groundnut merchants, Plaintiffs doing business in Guntur and Defendants in Ongole. On 1st January 1931 they entered into a contract by which...
...others reported in (2004) 3 SCC 297 it was held that the insurer, who alleges breach of terms and conditions of the contract of Insurance must establish the factum of breach by cogent.... 8. Admittedly, since beginning the appellant - Insurance Company is clamouring about the breach of terms and conditions of the contract of Insurance. It has been alleged that the dr...inference about breach of condition of Insurance of contract, the Tribunal may absolve the insurer from the liability to indemnify the insured. In paragraph Nos. 69 and 70 Their Lordship observed as...
...prevent unjust enrichment as where money is paid or received for the use of another, overpayment by mistake, tort cases etc., and in contract cases, where the defendant's performance is excused by impossibility or ...price of the plots. He submitted that since the plaintiff has paid, in instalments, the 95 per cent of the original price, the contract has come to an end and there being no privity or subsisting...Act. It is thus, erroneous to contend that since payment of 95 per cent of the amount has been made between 1962 to 1967, no privity of contract is subsisting between the parties. No completed...
...involving transfer of the property in the goods to the purchaser" and that "where there is only an agreement to sell, then the remedy of the seller is to sue for damages for breach of contract and not for ...passed to the purchaser. Sometimes when the point for determination is as to jurisdiction of Courts to entertain suits based on contract, it may be material to consider where property in the goods...to such a price. Consent under the law of contract need not be express it can be implied. There are cases in which a sale takes place by the operation of law rather than by mutual agreement express or...
...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...
...State alleged that the respondent had committed a breach of the contract by making short delivery of rice and demanded payment of damages assessed at Rs 7344.16 by the Deputy Commissioner. As the...—(i) the State is not competent to adjudicate upon the question whether such a person committed breach of contract and that the State is not competent...to assess damages for any breach of the contract which is not admitted by the other side;(ii) damages so assessed cannot be recovered from such...
...disallowed by the High Court as the appellant was found to have not placed the material on record to show that he had actually suffered any loss on account of the breach of contract. In this regard, the...9 months. The appellant, however, contended that the termination of the contract was in breach thereof. He claimed Rs 20,000 as damages for breach of contract besides claiming other amounts payabl...based upon sound principles.9. The claim of the petitioner for payment of Rs 20,000 as damages on account of breach of contract committed by the respondent-State wa...
...-contract provided that it “shall be carried out on the terms and conditions as applicable to the main contract”.2. The Public Works Department, Government of Kerala (in...included the work of “construction of project directorate building for national highway four laning project at Edapally, Cochin” to the respondent.3. The said contract between...the PW Department and the respondent contained a provision for arbitration, as per Clause 67.3 of the general conditions of the contract. The relevant portion of the said clause is extracted below...
...“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...
....***10. Section 74 of the Contract Act deals with the measure of damages in two classes of cases: (i) where the contract names a sum to be paid in ca...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 ...of contract and returned the findings contrary to the express terms thereof; that the arbitrator failed to call for material documents and gave the award which is perverse and based on no evidence and...
...-removal from the site. Regarding Items 4 and 5 the State denied its liability to pay the same as it was the appellant-plaintiff who had committed the breach of the contract. As regards the amount due...respondent-defendant who had committed a breach of the contract. However, the High Court took the view that for such breach on the part of the appellant-plaintiff, the respondent-defendant, on a reading ...could have been rescinded on the ground that the appellant-plaintiff had committed a breach of contract. According to him such course of action on the part of the respondent-defendant was obligatory...
...resolution of disputes arising under or in connection with the contract even if its performance has come to an end on account of termination due to breach?2. Magma Leasing...such terms as above ceases to have any possible application merely because the contract has ‘come to an end,’ as, for example, by frustration. In such cases it is the performance of the contract that...)“… The reasoning of Lord Dunedin applies equally to both cases. It is, in my opinion, fallacious to say that because the contract has ‘come to an end’ before performance begins, the situati...
...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...
...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 breach and (ii) where the contract contains any ot...regarding the quantity of scrap material available and the plaintiffs had been induced to enter into the agreement on such false representations. Hence the plaintiffs were entitled to avoid the contract...of contract and that the defendants have been at all material times ready and willing to perform their part of the contract. The plea that the plaintiffs entered into the contract under a mistake ...
...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 ...74 applies where a sum is named as penalty to be paid in future in case of breach, and not to cases where a sum is already paid and by a covenant in the contract it is liable to forfeiture...
...committed breach of the contract. The suit was resisted by Appellants 1, 2 & 3. The learned trial Judge dismissed the suit holding that under the agreements dated April 4, 1959 and April 15, 1959 time...account dis-entitled to a decree for specific performance.4. The facts which have a material bearing on the first question have already been set out. Section 55 of the Contract...plaintiff is not entitled to the specific performance of the sale of the suit properties in his favour?5. Whether the breach of the contract is due to...
...breach of contract and named in the contract as such, it would necessarily be covered by Section 74.41. It must, however, be pointed out that in cases where a public...-12-1987, the appellant promptly replied and said it would be willing to pay the entire 75% with 18% interest and, therefore, there was no breach of contract on the part of the appellant. Further...the said letter should, therefore, be ignored. If it is ignored, then the termination of the contract and the forfeiture of earnest money are completely in order as the appellant was in breach. 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 the court gathers as a matter of construction...under the terms of the contract itself and such cases would be outside the purview of Section 56. Although in English law such cases would be treated as cases of frustration, in India the...is however important in cases such as the one before us is to ascertain what the parties themselves contemplated at the time of entering the contract. That the appellants were aware that licences were...