INDIAN CONTRACT ACT

Sl No.	Title	Coram	Date of Judgement	Subject	HeadNotes
31	L.I.C. OF INDIA & ANR. Vs. CONSUMER EDUCATION & RESEARCH CENTRE & ORS.ETC.	Coram: RAMASWAMY, K.	10/05/1995	Constitution of India Article 14-Clause in term insurance policy restricting it to persons employed in government, semi-government and reputed commercial firms-Held, clause unconstitutional-Indian Contract Act, 1872 S.23. Constitution of India	Dismissing the appeals, this Court HELD : 1. The offending clause extending the benefit only to the salaried class in Government, semi-government and reputed firms is unconstitutional. The declaration given, therefore, is perfectly valid. The of	Click here to see Subject, Head Notes, Citation and Judgement
32	M/S GUJARAT POTTLING CO.LTD. & ORS. Vs. THE COCA COLA CO. & ORS.	Coram: AGRAWAL, S.C. (J)	04/08/1995	Trade and Merchandise Marks Act/Trade and Merchandise Marks Rules 1958- Section 49/Rule 83-Trade Mark-Registration of user-Statutory requirements- Implications of Common law-Licensing-Restriction on usage. Indian Contract Act, Section 27-Restrai	Dismissing the appeals, this Court HELD : 1. The use of a registered trade mark can be permitted to a registered user in accordance with the provisions of the Trade and Merchandise Marks Act and for that purpose the registered proprietor has to	Click here to see Subject, Head Notes, Citation and Judgement
33	M/S. VIJAY TRADERS Vs. M/S. BAJAJ AUTO LTD.	Coram: FAIZAN UDDIN (J)	01/11/1995	Indian Contract Act, 1872 : Ss. 182, 206-'Agent'-Defendants appointing plaintiffs as their distributors-Contract terminated by defendants after giving notice-Suit by plaintiffs for damages for wrongful termination of agency-Plaintiffs claiming	Dismissing the appeal, this Court. HELD : 1. The contents of letter dated 9.10.1964, by which the plaintiffs were appointed as dealers/distributors by the defendants of their products, do not envisage any relationship between the parties as that	Click here to see Subject, Head Notes, Citation and Judgement
34	SECY. - CUM- CHIEF ENGINEER, CHANDIGARH Vs. HARI OM SHARMA & ORS.	Coram: S. SAGHIR AHMAD, K.VENKATASWAMI, S. RAJENDRA BABU.	29/04/1998	Service Law-Promotion-Feeder cadre-Quotas fixed for-Promotion made on the basis of integrated seniority list instead of making on quota basis- Validity of. Service law-Promotion-Stop gap arrangement-Employee continuing for a long period-But nei	Dismissing the appeal, this Court HELD : 1. The Tribunal was fully justified in ordering that the respondent shall be promoted on the basis of "quota" fixed for non-diploma holders with 10 years of service and not on the basis of integrated seni	Click here to see Subject, Head Notes, Citation and Judgement
35	INDUSTRIAL CREDIT AND DEVELOPMENT SYNDICATE NOW CALLED I.C.D.S. LTD. Vs. SMT. SMITHABEN H. PATEL AND OTHERS	Coram: V.N. KHARE , R.P. SETHI	10/02/1999	Indian Contract Act, 1872 : Sections 59 & 60-Appropriation of pay-ment- Decree passed against respondents-Payment to be made in instal-ments-Failed to pay full amount-Appellant filed execution for warrants of attachment- Objection by respondent th	Allowing the appeals, this Court HELD: 1.1. Sections 59 and 60 of the Indian Contract Act, 1872 would not be applicable to the instant case as these sections are applicable to the cases in pre-decretal stage and not thereafter. Post decretal pay	Click here to see Subject, Head Notes, Citation and Judgement
36	THE BOARD OF TRUSTEES OF THE PORT OF BOMBAY AND ORS. Vs. M/S SRIYANESH KNITTERS	Coram: U.CBANERJEE, B.N.KRIPAL	30/07/1999	Major Port Trusts Act, 1963-Sections 2(o), 29(2), 42,43,45, 47, 48,59,61, 68,70,71,126, 131-Board refusing to release goods imported by the respondents and demanding payment in respect of wharfage and demurrage due from the respondents in respect	Allowing the appeals, this Court HELD : 1. The appellant could retain the goods, under Section 171 of the Contract Act, which were in their possession as bailees, as security for realisation of the amount of wharfage, demurrage and other charges	Click here to see Subject, Head Notes, Citation and Judgement
37	TRAVANCORE RUBBER AND TEA CO. LTD. Vs. COMMISSIONER OF INCOME TAX, TRIVANDRUM	Coram: D.P. WADHWA , RUMA PAL	14/03/2000	Income Tax Act, 1961-Section 51-Agreement for sale of old rubber trees- Earnest money and advance amount received by assessee-Default in payment of balance amounts by purchasers-Forfeiture of amounts by assessee as per agreement-Forfeited amounts-	Allowing the appeals, the Court HELD : 1.1. The assessee does not carry on the business of selling trees. When the assessee entered into agreements for sale of old and unyielding rubber trees, the advance consideration received was capital recei	Click here to see Subject, Head Notes, Citation and Judgement
38	R.D. SAXENA Vs. BALRAM PRASAD SHARMA	Coram: K.T.THOMAS	22/08/2000	Advocates Act, 1961-Section 35-Professional misconduct-Case file of client withheld by Advocate for non-payment of fees-Bar Council debarred him from practice for 18 months and imposed fine of Rs. 1000-Considering it to be a professional miscondu	Disposing of the appeal, the Court HELD : Per Thomas, J.: 1. Files containing copies of the records cannot be equated with "goods" referred to in section 171 of the Indian Contract Act. The advocate keeping the files cannot amount to "goods bai	Click here to see Subject, Head Notes, Citation and Judgement
39	SYNDICATE BANK Vs. PRABHA D. NAIK AND ANR. ETC.	Coram: B.N. KIRPAL , U.C. BANERJEE , BRIJESH KUMAR	26/03/2001	Limitation Act, 1963-Section 29(2)-Portuguese Civil Code-Article 535- Default in repayment of loan granted by Bank in Goa-Suit for recov-ery-Law of limitation-Dismissal of suit being barred by Limitation under Limitation Act-Application of Portugu	Dismissing the appeal, the Court HELD : 1. Article 535 of the Portuguese Civil Code containing the provisions of limitation in Chapter in regulating the contracts stands replaced by the Indian Contract Act The prescribed period for limitation p	Click here to see Subject, Head Notes, Citation and Judgement
40	STATE BANK OF SAURASHTRA Vs. P.N.B. PUNJAB NATIONAL BANK	Coram: B.N. KIRPAL , RUMA PAL , BRIJESH KUMAR	26/04/2001	Specific Relief Act, 1963: Specific performance of contract-^Breach of-Agreement far sale of units of UTI appellant to respondent-Payment of purchase money-Non-delivery of units-Suit for delivery of units alongwith alternative plea for damages-	Disposing of the appeals, the Court HELD: 1.1. In view of alternative plea for damages on the facts of the present case, a decree for specific performance in the manner in which it was passed was not appropriate especially when the respondent co	Click here to see Subject, Head Notes, Citation and Judgement
41	OM SHANKAR BIYANI Vs. BOARD OF TRUSTEES, PORT OF CALCUTTA & ORS.	Coram: SYED SHAH MOHAMMED QUADRI, S.N. VARIAVA	22/02/2002	Major Port Trusts Act: Sections 58, 59 and 62. Import of goods for home consumption-Seizure of-Assessment of duty by Customs Authority-liability of payment of Port charges-On the bailor to pay the Board before removal of goods. Lien on goods-	Disposing of the appeal, the Court HELD: 1.1. The proposition that the bailee, who exercises a lien, is not entitled to charge rent for storage of goods can never apply to a case where the lien is exercised for non-payment of rent or storage cha	Click here to see Subject, Head Notes, Citation and Judgement
42	Oil & Natural Gas Corporation Ltd. Vs. SAW Pipes Ltd.	Coram: M.B. SHAH, ARUN KUMAR.	17/04/2003	Arbitration and Conciliation Act, 1966; Sections 23, 24, 25, 28, 31 and 34: Contract for supply of goods-Time is the essence of the contract-Delay in supply of goods-Contractor's liability to purchaser-Award-Denial of compensation-Held: when liabi	Allowing the appeal, the Court HELD: 1.1. The arbitral tribunal is empowered and is required to decide the dispute in accordance with the provisions of the Arbitration and Conciliation Act. Since the jurisdiction or the power of the arbitral tr	Click here to see Subject, Head Notes, Citation and Judgement
43	Administrator of S.U., U.T.I. & Anr. Vs. Garware Polyester Ltd.	Coram: B.P. SINGH, S.B. SINHA	09/05/2005	Companies Act, 1956; Ss. 113, 391, 393/Companies (Issue of Share Certificate) Rules, 1960/Bombay Relief Undertakings (Special Provision) Act, 1958/Indian Contract Act, 1872; Section 28/Code of Civil Procedure, 1908; Order XXIII Rule 1: Company-Lo	Dismissing the appeal, the Court HELD: 1.1. In terms of clause 10 of the Trust Deed, the rights, privileges and conditions attached to the debentures may be varied, modified or abrogated only in accordance with the Articles of Association of the	Click here to see Subject, Head Notes, Citation and Judgement
44	State of Rajasthan & Ors. Vs. Basant Nahata	Coram: ASHOK BHAN, S.B. SINHA	07/09/2005	Statute Law; Statute-Constitutionality of-Presumption of-Held, not an absolute rule. Delegated Legislation; Delegation-Held, cannot be wide, uncanalised or unguided-Essential legislative function can't be delegated. Doctrines: Doctrine	Dismissing the appeals, the court HELD: 1.1. There exists a presumption as regard constitutionality of a statute. Rule of presumption in favour of constitutionality, however, only shifts the burden of proof and rests it on the shoulders of the pe	Click here to see Subject, Head Notes, Citation and Judgement
45	Hindustan Copper Ltd. & Anr. Vs. Banshi Lal & Ors.	Coram: S.B. SINHA, P.P. NAOLEKAR	08/12/2005	Contract Act, 1872: Offer and acceptance-Closure of Unit-Offer to employees to either opt for VRS or get transferred to another unit-Employees opting for VRS-Later seeking withdrawal of same-Employer not allowing the withdrawal-High Court ordering	Disposing of the appeal, the Court Held: The offer made by an employee could be withdrawn by him before it was accepted. The scheme was contractual in nature, the provisions of the Indian Contract Act, 1872 would apply. No exception, thus, can be	Click here to see Subject, Head Notes, Citation and Judgement
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