Indian Contract Act 1872

11th Feb, 2015

Actual loss need not be proved if amount stipulated is a genuine pre-estimate of loss

Even if there is no specific evidence of loss suffered by the Party alleging breach, the delay caused itself can be taken to have resulted in loss including loss of interest on the capital.
22nd Jul, 2014

Bank cannot recover the money from the account holder wrongly credited to the account #indianlaws

The Court while making reference to Section 72 of the Indian Contract Act mentioned that the Bank does have a right to recover the money paid under a mistake. In the instant case, however, under […]
30th Jun, 2014

Promise to pay time barred debts under Section 25 of Contract Act must be express #indianlaws

 An implied promise to pay inferred from an acknowledgment could not be made the basis of the suit to recover a debt barred at the time of the acknowledgment unless it is express
20th Apr, 2014

Frustration of contract – the position in India #indianlaws

The doctrine of frustration is an aspect or part of the law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done
2nd Mar, 2014

Principles of grant of damages under Section 73 and 74 of the Indian Contract Act, 1872

Sections 73 and 74 of Contract Act contemplates that in a contract the party who suffers by such breach is entitled to receive compensation for any loss which naturally arises in the usual course of […]
21st Feb, 2014

Principles governing grant of damage for breach of contract

In the judgment as passed by the Supreme Court in Oil & Natural Gas Corporation Ltd. vs. SAW Pipes Ltd. [AIR2003SC2629] dated 17.04.2003 the Court dealt with the issue relating to determination of compensation for […]
4th Dec, 2013

Whether mere referring and labeling the deed as “irrevocable” would not make the deed irrevocable

Whether mere referring and labeling the deed as “irrevocable” would not make the deed irrevocable
28th Nov, 2013

Judicial Review of the process of Grant of Contract

The Supreme Court of India after considering several authorities elaborated the law of tender as under: