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...encashing them, the appellant signified its acceptance of the amounts comprised in the two cheques in full and final settlement of its claims. Such acceptance by conduct is recognised by Section 8 of the ...respondent to pay the balance amount claimed by it. The appellant, therefore, submitted that there was no acceptance by conduct as envisaged by Section 8 of the Contract Act, and that its retention ...accepted the offer contained in the letters of the Railways dated 7-4-1993.9. Section 8 of the Contract Act reads as under:“8. ...
...of the claim. It was found that in such . matters, section 8 of the Contract Act is attracted which provides for...Contract Act and section 8 of the said Act. In so far the decision in the case reported in AIR 1960 Patna.30 (Union of India vs. JJ Patel & Co) i...section 8 of the Contract Act. In that case also cheque was offered by the Railways in full and final settlement ...
...and final settlement of the account between the parties.8. Section 8 of Contract Act, to ...provisions of Section 8 of the Contract Act, the High Court observed that the General Manager sent a cheque ...the General Manager that they did not agree to the proposal made by him, they must be assumed, in terms of Section 8, to have accepted his proposal by mere acceptance of the consideration of Rs...
..., if any, was that of Respondent 2 to pay Respondent 1.8. Section 230 of the Contract Act categorically makes it clear that an agent is not liable for the acts ..., AIR 1999 SC 80 where a similar order passed under the Consumer Protection Act was set aside by this Court. It was held that by virtue of Section 230 the agent...Order1. Despite service none appears on behalf of the respondent even on second call.2. It appears that the Monopolies...
....(2) The suit having been filed questioning both blacklisting as also termination of contract being outside the purview of arbitration, the application under Section ...action having been raised, namely, illegal termination of contract and blacklisting of the firm, Section 8 of the 1996 Act was not attracted is devoid of merit; inasmuch as accor...out of the contract, Section 8 of the 1996 Act would be attracted.44. Furthermore, as noticed hereinbefore, the High Court committed a manifest error in holding that th...
..., must be rendered in the negative.47. Section 8 of the Contract Act reads as under:“8. Acceptance by performing conditions, or receiv...Amrit Banspati Co. Ltd. v. Union Of India AIR 1966 All 104 wherein it was stated:“Section 8 of the ...Union of India v. Rameshwarlall Bhagchand AIR 1973 Gau 111 it was stated: (AIR p. 112, para 6)“6. Section ...
...coverage started from that very day. Moreover as per Section 8 of Contract Act Performance of the conditions ...Section 4 of the contract Act the acceptance starts from the date, when local branch office accepts the premium of the pol...they did not give any response. Thereafter complainant approached Permanent Lok Adalat (PUS) Palwal under section 22c of the legal services & authorities act, 1987 but opposite parties refused to...
..., Section 8 of the Contract Act is attracted which provides for acceptance of proposal by conduct as against oth.... The court also drew distinction between Section 63 of the Contract Act and Section 8 of the said ...Section 63 of the Contract Act without referring to Section 8 at all. It is observed and in our view rightly, tha...
...under the terms of the said contract and in connection with the work of the said contract. The appellant made an application under Section 8 of the Indian Arbitration Act, 1940 b..., however, allowed the petition of the appellant under Section 8 of the Arbitration Act and appointed one D.D Sharma, Executive Engineer, as arbitrator. In appeal, the High Court, while upholding the...administrative and not judicial.10. Since clause 24 does not contemplate any arbitration, the application of the appellant under Section 8 of the Arbitration Act, 1940 was...
...raises a somewhat debatable point regarding the true scope and effect of Section 56 of the Indian Contract Act and to what extent, if any, it incorporates the English rule of frustration ...contained in Section 56 of the Indian Contract Act. It is argued in the second place, that even if the English law applies, it can have no application to contracts for sale of land and that is in fact the...performance of a contract is excused or dispensed with on the ground of the contract being void. The section stands as follows:“An agreement to do an act impossib...
...shall not be a ground for refusing the specific performance.8. Section 55 of the Contract Act is in three parts. For our purposes, it is enough to notice the first two....7. Section 10 of the Specific Relief Act, 1963 says that:“Except as otherwise provided in this Chapter, the specific performance of any contract....”Clause (1) of the Explanation appended to the section says that “unless and until the contrary is proved, the court shall presume (i) that the breach of a contract to transfer immovabl...
.... Mr R.K Khanna, learned counsel after thorough preparation of the case and with all persuasion contended that by operation of Section 28 of the Contract Act, limitation of one year presc...and whether the claim is barred by limitation. It is true, as rightly pointed out by Shri Rakesh Khanna that Section 28 of the Contract Act prohibits prescription of shorter limitation than the one...within the period of general limitation. But acceptance of that contention does not per force solve the controversy in this appeal. Section 34 of the Specific Relief Act provides that any person...
...not contrary to public policy. It was also held that such an agreement does not contravene Section 28 of the Contract Act.8. The same question was examined in...amount. The dispute in the present appeal is regarding the territorial jurisdiction of the court at Delhi to try the suit; and para 8 of the plaint which contains the necessary averment in this regard is...reproduced hereinbelow:“8. That the cause of action has arisen at Delhi as the ordered goods were delivered to the defendant through its transporters M/s Transport...
...excludes the claim of Respondent 1 from the scope of the two Insurance Policies.8. Section 28 of the Contract Act may be quoted now before going into furth...action or arbitration.”6. On behalf of Respondent 1, it was contended that Condition 19 was hit by Section 28 of the Contract Act, 1872 inasmuch as it seeks to..., vide its judgment dated 30-6-1986, observed that Condition 19 was not hit by Section 28 of the Contract Act and further that the suit was otherwise barred by limitation as the claim was repudiated by...
...provisions of Section 8 of the Contract Act. On this ground the case of the defendant-appellants appears...Section 8 of the Contract Act but it had rightly applied the principle contained in it. The lower appellate court having c...Section 8 of the Contract Act, I have considered the evidence in the case and find that the plaintiff-respondent could not...
...Section 8(1)(a) of the Arbitration Act does not apply to the facts of this case as the contract abstracted hereinbefore makes the respondent abide by the appointment of an arbitrator by t...court under Section 8(1)(a), is hedged with existence of the contract. Section 8(1)(a) of the Arbitration Act reads thus:“[W]here an arbitration .... Engineer-in-chief was the authority concerned. On those facts it was held that the contract excluded the invocation of the jurisdiction of the court under Section 8 of the Act and the a...
...settlement.4. Section 8 of the Contract Act provides that performance of the conditions of a proposal, or the acceptance of any consideration for a reciprocal promi...question in both these cases related to Section 63 of the Indian Contract Act which deals with what is known as accord and satisfaction. It was held in these cases that a...performance of the contract nor any conditional offer by one party.7. The appeal is dismissed.II/VRB/R.G.D8. Appeal dismissed....
...disclosure of the information will prejudicially affect their trade secrets, therefore the information was denied under Section 8(1)(j) of RTI Act. Upon Commission's instance, CPIO submitted that the third...of the CPIO in mechanically accepting the apprehension of the third party and denying the information under Section 8(1)(j) of RTI Act without ascertaining as to what personal information will be .... CPIO has not even paid attention to the fact that Section 8(1)(j) of RTI Act does not provide any protection for disclosure of trade secrets.A contract agreement...
...Section 63 of the Contract Act would be In applicable to the cases in which ...rejection, Section 8 of the Contract Act would come into play. Cheque having not been returned, rather encashed, would...the Contract Act would be applicable, as in the present case/The view taken by the Learned Single Judge in the case of Bhagchand (supra) is the correct view. The case of Amrit...
...argued by Shri Khanna, the learned counsel for the appellant, is that the agreement is opposed to public policy and, therefore, it is void under Section 23 of the Contract Act, 1872. According to him...contention. Section 23 of the Contract Act adumbrates that the consideration or object of an agreement is lawful unless it is forbidden by law; or is of such a nature that, if permitted, it would ...Contract Act. Section 23 is concerned with only the object or consideration of the transaction and not the reasons or motive which prompted it. Public policy imposes certain limitations upon freedom of...