INDIAN CONTRACT ACT

Sl No.	Title	Coram	Date of Judgement	Subject	HeadNotes
46	Punjab State Civil Supplies Corp. Ltd Vs. Sikander Singh	Coram: S.B. SINHA, P.P. NAOLEKAR	24/02/2006	Service law-Torts-Damages-Civil Suit for damages for the goods lost due to negligence of employee-Maintainability of-Shortages of wheat due to lack of proper supervision on the part of respondents working as Inspector and Field Officer/Supervisor-Dep	Dismissing the appeal, the Court HELD : 1.1. The appellant is a ``State'' within the meaning of Article 12 of the Constitution of India. The terms and conditions of service by and between the Appellant and the Respondents herein are governed by th	Click here to see Subject, Head Notes, Citation and Judgement
47	Municipal Corporation Chandigarh & Ors. Etc Vs. M/s. Shantikunj Investment Pvt. Ltd. Etc	Coram: B.N.AGRAWAL, A.K.MATHUR	28/02/2006	Chandigarh Lease-Hold of Sites and Buildings Act, 1973; Sections 2(b), 7, 8 and 8-A-Chandigarh Lease-Hold of Sites and Buildings Rules, 1973; Rules 3(2), 11, 12 and 13-Indian Contract Act, 1872; Section 87-Specific Relief Act, 1963; Section 2(a)-Tran	Disposing of the appeals, the Court HELD: 1.1. On a plain reading of the definition ``amenity'' under section 2(b) of the Chandigarh Lease-Hold of Sites and Buildings Act, 1973 read with Rules 11(2) and 12 of the relevant Rules, it cannot be const	Click here to see Subject, Head Notes, Citation and Judgement
48	Mcdermott International Inc. Vs. Burn Standard Co. Ltd. & Ors.	Coram: B.P. SINGH, S.B. SINHA	12/05/2006	Arbitration and conciliation Act, 1996: Sections 31, 33 and 34-Partial award made by deferring some claims-Nature and character of-Held: It is same as of interim award envisaged in the Act, even though expression "partial award" is not used therei	HELD : 1. The 1996 Act does not use the expression "partial award". It uses interim award or final award. An award has been defined under Section 2(c) to include an interim award. Sub-section (6) of section 31 contemplates an interim award. An interi	Click here to see Subject, Head Notes, Citation and Judgement
49	Raythara Sahakari Bank Ltd. Vs. Chandrakala R. Das	Coram: ARIJIT PASAYAT, S.H. KAPADIA	08/11/2006	Indian Contract Act, 1872: Complainant and others took loan from Bank by pledging jewellery-Jewellery stolen from the Bank-Bank fixing certain rate in return of the value of the jewellery stolen-Rate so fixed accepted by all the borrowers except	Partly allowing the appeal, the Court HELD: It is not clear as to whether the complainant had attended the meeting which was convened and where all the borrowers were given the chance to participate. The decision in the meeting undisputedly was to	Click here to see Subject, Head Notes, Citation and Judgement
50	M/s Puravankara Projects Ltd. à.Appellant Vs. M/s Hotel Venus International and Ors. àRespondents	Coram: DR. ARIJIT PASAYAT, S.H. KAPADIA	02/02/2007	Kerala Land Reforms Act, 1963-Sections 81(3)(b) and 87-Transfer of land by Government with authority to sell it in public auction-Transferee selling it to successful bidder in tender-IN Pre-bid meeting, transferee assuring that exemption notificati	Allowing the appeals, the Court HELD 1.1. Section 87 deals with acquisition of title after the notified date. Section 87(1)(a) deals with action to be taken within a period of three months from the date of acquisition. The bank guarantee was to be	Click here to see Subject, Head Notes, Citation and Judgement
51	M/s Bhandari Construction Company Vs. Narayan Gopal Upadhye	Coram: B.P. SINGH, P.K. BALASUBRAMANYAN	20/02/2007	Indian Contract Act, 1872/Indian Evidence Act, 1872; Ss.91 and 92: Sale-purchase agreement-Selling of Office room-Payment of consideration amount in full by purchaser-Revision in cost-Return of amount to purchaser-Vendor company allegedly demandin		Click here to see Subject, Head Notes, Citation and Judgement
52	Janardhan Narasimha Nayak Vs. Balwant Venaktesh Kulkarni & Anr	Coram: DR. ARIJIT PASAYAT, LOKESHWAR SINGH PANTA	07/03/2007	Indian Contract Act, 1872/Specific Relief Act, 1963: Suit for specific performance filed by respondent no.1-Decreed by trial Court-Appeal dismissed by first Appellate Court-Second appeal allowed by High Court-On appeal, Held: No reason indicated	Allowing the appeal, the Court HELD: Merely because the Trial Court had occasion to see the witness that cannot be a ground to hold that First Appellate Court had pre-conceived notion. No reasons had been indicated by the High Court to set aside t	Click here to see Subject, Head Notes, Citation and Judgement
53	Shiv Kant Yadav Vs. Indian Oil Corporation and Ors	Coram: DR. ARIJIT PASAYAT, LOKESHWAR SINGH PANTA	09/04/2007	Indian Contract Act, 1872: Dealership Contract-Invitation of application by Indian Oil Corporation for award of dealership-Selection-One of the candidates allegedly did not disclose the correct information-Enquiry-Cancellation of selection of the	Dismissing the appeal, the Court HELD: 1.1. There was a requirement to disclose the true and correct fact for award of dealership in the application, which does not appear to have been done. [Para 14] [1005-g] Kendriya Vidyalaya Sangathan and	Click here to see Subject, Head Notes, Citation and Judgement
54	Aurohill Global Commodities Ltd. Vs. M.S.T.C. Ltd.	Coram: S.H. KAPADIA J	31/07/2007	Arbitration and Conciliation Act, 1996: Applicability of the Act-To international commercial arbitration-Held: The Act is applicable to international commercial arbitration held outside India, unless any or all the provisions of the Act have been	Disposing of the petition, the Court HELD: 1. Provisions of Part I of the Arbitration and Conciliation Act, 1996 are equally applicable to international commercial arbitration ("ICC") held outside India, unless any or all the provisions have been	Click here to see Subject, Head Notes, Citation and Judgement
55	Himadri Chemicals Industries Ltd Vs. Coal Tar Refining Company	Coram: TARUN CHATTERJEE, P.K.BALASUBRAMANYAN	07/08/2007	Arbitration and Conciliation Act, 1996; Section 9/Indian Contract Act, 1872/Negotiable Instruments Act, 1881: Payment in terms of letter of credit-A Company entering into a contract with another company for supply of certain goods-Payment agreed t	Dismissing the appeal, the Court HELD: 1.1. The law relating to grant or refusal to grant injunction in the matter of invocation of a Bank Guarantee or a Letter of Credit is now well settled by a plethora of decisions not only of this Court but al	Click here to see Subject, Head Notes, Citation and Judgement
56	Rozan Mian Vs. Tahera Begum & Ors	Coram: H.K. SEMA, LOKESHWAR SINGH PANTA	14/08/2007	Indian Contract Act, 1872; Section 56/Calcutta Thika Tenancy Act, 1949/Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981; Ss. 4, 5, 6, 7: Agreement for sale and purchase of Thika tenancy-One of the parties did not perform his part of c	Dismissing the appeal, the Court HELD:1.1. Section 56 of the Indian Contract Act, 1872 provides that an agreement to do an act impossible in itself is void. A contract to do an act which, after the contract is made, becomes impossible, or, by reas	Click here to see Subject, Head Notes, Citation and Judgement
57	UNION OF INDIA Vs. TATA TELESERVICES (MAHARASHTRA) LTD	Coram: H.K. SEMA, P.K. BALASUBRAMANYAN	23/08/2007	Telecom Regulatory Authority of India Act, 1997; Ss. 14, 16K and 18/Code of Civil Procedure, 1908; s.100, Order VIII Rule 6A/Code of Criminal Procedure, 1973; S.195: Telecom Disputes Settlement & Appellate Tribunal-Contract between Union of India,	Allowing the appeal, the Court HELD: 1.1. It may be true that in the prayer portion in the written statement an order or decree in terms of the counter claim had not been sought for by the appellant. But the claim as made in the written statement	Click here to see Subject, Head Notes, Citation and Judgement
58	M/s. Everest Wools Pvt. Ltd. and others. Vs. U.P. Financial Corporation and others	Coram: S.B. SINHA, HARJIT SINGH BEDI	14/12/2007	U.P. State Financial Corporation Act, 1951; Ss.29 and 31/U.P. Public Moneys (Recovery of Dues) Act, 1972: Recovery of loan-A company took loan from State Financial Corporation and later from another State Undertaking-Issuance of Notice to company	Allowing the appeals, the Court HELD:1.1. The High Court was not correct in passing the impugned order. The Corporation, no doubt, is entitled to realize its dues, but it must be borne in mind that it had been conferred with a special statutory po	Click here to see Subject, Head Notes, Citation and Judgement
59	Sita Ram Gupta Vs. Punjab National Bank and Ors	Coram: TARUN CHATTERJEE, HARJIT SINGH BEDI	10/03/2008	Indian Contract Act 1872 Section 130: Continuing guarantee - Revocation - Guarantor - Liability of - Held: Agreement entered into between Bank and Guarantor clearly providing that the Guarantee shall be continuing guarantee and remain in operation	Dismissing the appeal, the Court HELD: 1.1 The High Court was perfectly justified in holding that the appellant was liable to pay the decretal amount to the Bank in view of the clause in the agreement of guarantee itself. The agreement of guarant	Click here to see Subject, Head Notes, Citation and Judgement
60	THOTA LAKSHMI VENKATA BALA Vs. MUTTAMSETTI SEETHAMMA	Coram: ARIJIT PASAYAT, P. SATHASIVAM	08/05/2008	Specific Relief Act, 1963: Agreement for sale of properties adjusting Sale consideration in lieu of amount borrowed by vendor from vendee - Cancellation of, without notice to Vendee - Issuance of notice by vendor demanding balance amount of sale c	Dismissing the appeal, the Court HELD: 1.1 Though the appellant had denied execution of all the documents including the suit agreement of sale as rightly pointed out by the High Court, Appellant, D.W.1 in her evidence has specifically stated that	Click here to see Subject, Head Notes, Citation and Judgement