Contract and specific relief
Formation, consideration, breach, damages and specific performance.
12 of the 21 judgments in our library on this topic: the ones other judgments here cite most, oldest first.
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5 December 1961 · 5 judges
State of West Bengal v. B.K. Mondal and SonsA contractor who did work for the State at officers' request, without a contract complying with Section 175(3) of the Government of India Act, 1935, could recover compensation under Section 70, Contract Act, because the State enjoyed the work.
On this path for: Section 70, Indian Contract Act, 1872
15 January 1963 · 5 judges · cited by 1 judgment in this library
Fateh Chand v. Balkishan DasSection 74 of the Contract Act applies to every stipulation by way of penalty, including forfeiture of money already paid; the seller could keep only the Rs. 1,000 earnest money, not the Rs. 24,000 part price, without proof of loss.
On this path for: Section 74, Indian Contract Act, 1872
17 January 1967 · 2 judges · cited by 1 judgment in this library
Niranjan Shankar Golikari v. Century Spinning and Manufacturing Co. Ltd.A negative covenant barring an employee from similar work elsewhere during the term of employment is not a restraint of trade under Section 27, Contract Act, unless the contract is one-sided or unconscionable; it may be enforced by limited injunction.
On this path for: Section 27, Indian Contract Act, 1872
13 March 1989 · 2 judges
A.B.C. Laminart Pvt. Ltd. v. A.P. Agencies, SalemParties may agree to confine disputes to one of several courts that have jurisdiction, but a clause merely making disputes 'subject to Kaira jurisdiction' did not clearly exclude the Salem court, which therefore could try the suit.
On this path for: Section 28, Indian Contract Act, 1872; Section 23, Indian Contract Act, 1872
2 February 1998 · 2 judges
Tarsem Singh v. Sukhminder SinghAn agreement to sell land made under a mutual mistake about the area (kanals or bighas) was void under Section 20 of the Contract Act; its forfeiture clause failed and the earnest money had to be refunded under Section 65.
On this path for: Section 20, Indian Contract Act, 1872; Section 65, Indian Contract Act, 1872; Section 13, Indian Contract Act, 1872
22 August 2000
R.D. Saxena v. Balram Prasad SharmaAn advocate has no lien over a client's litigation files for unpaid fees; refusing to return the files on demand is misconduct under Section 35 of the Advocates Act, though the punishment here was reduced to a reprimand.
On this path for: Section 171, Indian Contract Act, 1872; Section 148, Indian Contract Act, 1872
2 May 2006 · 2 judges
Prem Singh v. BirbalArticle 59 of the Limitation Act applies to instruments that are voidable and prima facie valid, not to those void ab initio; on the facts, the plaintiff's suit to set aside a registered sale deed was held time-barred.
On this path for: Section 31, Specific Relief Act, 1963
21 February 2013 · 2 judges
Thomson Press (India) Ltd. v. Nanak Builders and Investors Pvt. Ltd.A purchaser who bought the suit property during a specific performance suit, with notice of the prior agreement and in breach of a restraint order, was not a bona fide purchaser but was allowed to be added as a defendant.
On this path for: Section 19(b), Specific Relief Act, 1963
9 January 2015 · 2 judges
Kailash Nath Associates v. Delhi Development AuthorityDDA could not forfeit the earnest money because the bidder committed no breach and DDA suffered no loss; Section 74 of the Contract Act covers forfeiture of earnest money under a contract and requires loss.
On this path for: Section 74, Indian Contract Act, 1872; Section 73, Indian Contract Act, 1872; Section 63, Indian Contract Act, 1872
21 May 2021 · 2 judges
Lalit Kumar Jain v. Union of IndiaThe Central Government's notification of 15 November 2019 bringing the Insolvency and Bankruptcy Code into force for personal guarantors to corporate debtors is valid, and approval of a resolution plan does not by itself discharge a personal guarantor.
On this path for: Section 128, Indian Contract Act, 1872; Section 133, Indian Contract Act, 1872; Section 134, Indian Contract Act, 1872
25 April 2023 · 5 judges · cited by 1 judgment in this library
N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd.By majority, an arbitration agreement in an instrument chargeable with stamp duty that is unstamped or insufficiently stamped does not exist in law and cannot be acted upon until the instrument is validated under the Stamp Act.
On this path for: Sections 2(g) and 2(h), Indian Contract Act, 1872
13 December 2023 · 7 judges · cited by 1 judgment in this library
In Re: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899A seven-judge bench held that an unstamped or insufficiently stamped agreement is inadmissible in evidence but not void, and that objections about stamping are for the arbitral tribunal, not the referral court under Sections 8 or 11.
On this path for: Section 2(j), Indian Contract Act, 1872
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