Indian Contract Act, 1872, Section 28 -- Amendment of S.28 w.e.f. 08.01.1997 - Nature - S.28, being substantive law, operates prospectively as retrospectivity is not clearly made out by its language - Being remedial in nature, and not clarificatory or declaratory of the law, by making certain agreements covered by S.28(b) void for the first time, it is clear that rights..........
Indian Contract Act, 1872, Section 27 -- Injunction - Restraint of trade - Where plaintiff in guise of a confidentiality clause, is attempting to enforce a covenant in restraint of trade, same is void by virtue of S.27 of the Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Indian Contract Act, 1872, Section 27 -- Ad interim injunction - Restraint of trade - Allegations that defendants copied data base of plaintiff - However, there is no evidence to remotely indicate that any particular data base of plaintiff is removed or copied by defendants - Fact that defendants approached plaintiff's..........
Indian Contract Act, 1872, Section 62 -- Novation - Two arbitration agreements - Subsequent agreement in the nature of amendment to prior agreement and subsequent agreement not resulted in substituting or rescinding or extinguishing prior agreement - It cannot be said that there is novation of contract, as prior agreement became part of subsequent agreement - Moreover,..........
Transfer of Property Act, 1882, Section 130 -- Assignment - Two arbitration agreements - Agreement-I is a bi-party agreement between an Indian company and American company - Whereas, Agreement-II is a tri-parte agreement between three companies viz, two Indian companies and one American company - Agreement-II recognizes transfer of rights of original contract i.e American..........
Indian Contract Act, 1872, Section 19 -- Agreement to sell - Misrepresentation - Consent of plaintiff was based on misrepresentation of fact with respect to mortgage of house in dispute with Bank - Contract is thus, voidable at the option of plaintiff - But plaintiff never exercised the option to invalidate or repudiate the contract - Rather, plaintiff filed the suit to..........
Consumer Protection Act, 1986, Section 23, Indian Contract Act, 1872, Section 230 -- Consumer complaint - Defence u/s 230 of Act is available in cases under Consumer Protection Act, by agents of principal with whom complainant had agreement...........
Indian Contract Act, 1872, Section 230 -- Liability of agent - Where the respondent No.1 was simply an agent of buyer with whom the appellants had entered into contract and is not a consignee but only an agent of intermediate consignee, he cannot be held personally liable to enforce the contract between its principal and appellants...........
Indian Contract Act, 1872, Section 31, 32 -- Contingent contract - Suit for specific performance - There is no covenant in the agreement i.e MOU from which it can be said that contract in question was a contingent contract - Plea of defendant that agreement in question was a contingent contract rejected...........
Indian Contract Act, 1872, Section 56 -- Doctrine of frustration - Two ways of impossibility of performance of contract i.e. initial impossibilities meaning therby that an agreement to do an act impossible in itself is void and other subsequent impossibility as sometime performance of contract is quite possible when it is made but subsequent circumstances make it..........
