...where the contract consists of reciprocal promises to be simultaneously performed, no promisor would perform his promise unless the promisee is ready and willing to perform his reciprocal promise. It became clear b...reciprocal promises not performed, there was no question of payment of any minimum service charges to the respondent no. 1. In fact the arbitrator himself found that the respondent no. 1 did not produce...reciprocal promises, it was squarely covered by sub-clause II of the termination clause of the agreement. Therefore, once respondent no. 1 refused to perform his obligations under the agreement, the...

...for the purpose of deciding the point. They are subsumed under the sub-title “Performance of reciprocal promises” in the said Act. Section 51 deals with a contract concerning reciprocal promises to be simultaneousl..., and B promises to give security for the payment of the money. A's promise need not be performed until the security is given, for the nature of transaction requires that A should have security before...consists of reciprocal promises, such that one of them cannot be performed or that its performance cannot be claimed till the other has been performed, and the promisor of the promise last mentioned fails...

...that the agreement was not one in which reciprocal promises were to be simultaneously performed within the meaning of S. 51, Contract Act. He held that the respondent not having...the following terms: Where the order in which reciprocal promises are to be performed is expressly fixed by the contract they shall be performed in that order: and where the order is not...written the letters referred to in the agreement and not having performed a substantial and important part of it, could not say that anything in Tilden Smith's subsequent conduct excused him from...

...the Contract Act which contain rules for performance of reciprocal promises. The payment of price by the petitioner and the delivery by DDA are not such reciprocal promises as are required to be .... The order in which these reciprocal promises are to be performed is expressly laid down in the terms of allotment between the parties. Full payment has to precede before the DDA may incur an obligation to deliver possessi...of the price. Instead of making the payment now the present petition has been filed submitting that basic amenities/facilities such as water, electricity and sewerage are not yet available in the area...

...under the sub-title “Performance of reciprocal promises” in the said Act. Section 51 deals with a contract concerning reciprocal promises to be simultaneously performed and in such a contract the promisee ...the Contract Act is to be read in that background. It is extracted below.“When a contarct consists of reciprocal promises, such that one of them cannot be performed, or that its...money. A's promise need not be performed until the security is given, for the nature of transition requires that A should have security before he delivers up his stock.9. Section 54 of...

...and submitted that the compromise decree spells out reciprocal promises and in the submission of each of the learned counsel his party was not obliged to perform its promise unless the opponents performed their...reciprocal promises. The compromise decree does not in so many words specify the obligations incurred thereunder by each of the parties to be “reciprocal promises”. However, each of the...learned counsel submitted that the promises incorporated in the compromise decree are necessarily reciprocal and unless the other party performs its obligations, it was not necessary for his party to...

...parties or conditions of settlement between the parties would be thrashed out by reciprocal promises being performed. This not being in the scope and ambit of...This matter was heard for some time on 03.04.2019 and was ordered to be listed on 05.04.2019 making it clear that in the event of amount covered under the subject cheques are not paid...onerous and would not serve any purpose and even now petitioner is ready to pay the amount. In fact as noticed herein above, this court while granting time to the learned counsel for the petitioner to...

....” 12. The learned Senior Counsel further submitted that Section 51 and 52 of the Contract Act has not been followed. Section 51 deals with reciprocal promises simultaneously ...to perform reciprocal promises simultaneously. It has not been agreed to perform reciprocal promises simultaneously. Similarly when the terms are to be performed, expressly...fixed by the contract, those promises shall be performed in the Order and when the Order has not been expressly fixed by the contract, they shall be performed...

...submitted that Section 51 and 52 of the Contract Act has not been followed. Section 51 deals with reciprocal promises simultaneously performed. When the entire contract is seen, they had not agreed to...perform reciprocal promises simultaneously. It has not been agreed to perform reciprocal promises simultaneously. Similarly when the terms are to be performed, expressly fixed by the contract, tho...promises shall be performed in the Order and when the Order has not been expressly fixed by the contract, they shall be performed in that Order which the nature of the contract requires. Looking at the...

... (c) When the suit agreement dated 16.04.2008 marked as Ex.A2 consist of reciprocal promises to be simultaneously performed and when the res...was Rs.38,00,000/-. The defendants contended that the plaintiff has not approached the court with clean hands. The defendants however conceded that a sum of Rs.15,00,000/- was received as advance and...respondents / defendants did not question the financial capacity of the appellant, whether the rejection of the relief of specific performance by the courts below is sustainable merely...

...which Mr. Sarju Prasad relies, provides that:“When a contract consists of reciprocal promises, to be simultaneously performed, no promisor need perform his promise unless the promisee is ready and willing to...application. That section relates to contracts consisting of reciprocal promises, such that one of them cannot be performed, or that its performance cannot be claimed, until the other has been performed. The contra...with reciprocal promises to be simultaneously performed. The...

...receiver, and paying the costs in connection with the appointment of the receiver. The action Was tried by Kemp J., who held that the agreement was not one in which reciprocal promises were to be simultaneously ...the following terms: Where the order in which reciprocal promises are to be performed is expressly fixed by the contract, they shall be performed in that order : and where the order is ...having performed a substantial and important part of it, could not say that anything in Tilden Smith's subsequent conduct excused him from performance and therefore could not recover in the action...

...Promises. Of them, sections 51, 52 and 54 are alone relevant for the purpose of the present case. Section 51 deals with a contract consisting of reciprocal promises to be simultaneously performed. It reads :-- ...reciprocal promises, reads as under :-- "Section 52:-- Order of performance of reciprocal promises.-- Where the order in which reciprocal ...-performance of the contract." 19. The case on hand may not be one of a contract consisting of reciprocal promises to be performed simultaneously as contemplated...

.... They are subsumed under the sub-title 'performance of reciprocal promises" in the said Act. Section 1 deals with a contract concerning reciprocal promises to be simultaneously performed and ink such a co...contract consists of reciprocal promises, such that one of them cannot be performed, or that its performance cannot be claimed till the other has been performed, and the promisor of the promise last..., such a contract consists of reciprocal promise. The drawer of the cheque promises the insurer that the cheque, on presentation, would yield the amount in cash. It cannot be forgotten that a cheque is a...

...deciding the point. They are subsumed under the sub-title "performance of reciprocal promises" in the said Act. Section 51 deals with a contract concerning reciprocal promises to be simultaneously ...: When a contract consists of reciprocal promises, such that one of them cannot be performed, or that its performance cannot be claimed till the other has been performed, and the promisor...security for the payment of the money. A's promise need not be performed until the security is given, for, the nature of transaction requires that A should have security before he delivers up his...

Can't display summary as content is Scanned, Please open the judgment to see full content.

...of the reciprocal promises under the agreement dated 13th March, 1978 the yardstick under Indian Contract Act with regard to performance of reciprocal promises must be applied. ...instalment.52. Order of performance of reciprocal promises.— Where the order in which reciprocal promises are to be performed is expressly fixed by the contract, they shall be ...execute the usual form for nominal membership. The contractor reiterated that the period of completion of construction of C-1 building would start only after the society's reciprocal promises were performed...

...delivery were reciprocal promises. But in my opinion that section is not applicable here at all. The section says,--that where a contract consists of reciprocal promises to be simultaneously ...consisted in not paying for the linseed on delivery. 8. But then it is argued by the appellants that Section 51 applies, because the promises to deliver linseed and to pay for it on...defendants, when they came to make delivery, had insisted upon the contract being strictly performed and payment being made on delivery; but this they did not do. With regard to Section 55, in one...

...the other party of its promise, parties are said to execute reciprocal promises. Section 51 of the Indian Contract Act, 1872 prescribes that when a contract consists of reciprocal ...consists of separate promises and not reciprocal promises as alleged by the appellants. The promise to pay rent is independent of the promise to execute the sale deed. The failure of Bahadur Singh to pay..., the agreement consists of separate promises, that do not depend for their performance upon performance of any reciprocal conditions, such promises may be enforced separately. Failure to perform one of...

...reciprocal promise. The next Section 52 states that where the order in which reciprocal promises are to be performed is expressly fixed by the contract, they shall be performed in that order; and, where th...could mutually agree to defer its execution. In that context we find considerable force in the submission of Shri Sen that it is a contract consisting of two reciprocal promises to be simultaneously performed and ...51 provides that when a contract consists of reciprocal promises to be simultaneously performed, no promiser need perform his promise unless the promisee is ready and willing to perform his...