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The Indian Contract Act, 1872 [1] prescribes the law relating to contracts in India and is the key regulating Indian contract law. Then the principles of English Common Law. It is applicable to all the states of India. It determines the circumstances in which promises made by the parties to a contract shall be legally binding.
Contract law, minority, mortgage Mohori Bibee v Dharmodas Ghose , [1903] UKPC 12, is a major Indian contract law case decided by the Judicial Committee of the Privy Council . The case held that a contract entered into by a minor is totally void.
The landmark case Toshniwal Brothers (Pvt.) Ltd. vs Eswarprasad, E. and Others, decided in 1996, describes the legality of employment bonds in India.It holds that under the Indian Contract Act, 1872, contracts requiring an employee to pay a bond if they prematurely resign their employment are legal and enforceable, at least in cases where employers pay expenses like training for the employee. [2]
Ban on dissenting media under the Section 9 (1-A) of the Madras Maintenance of Public Order Act, 1949 struck down as unconstitutional. This in-turn led to formulation of the 1st amendment of the Constitution of India which clarified public order can form grounds for reasonable restrictions of free speech.
T. R. Desai (1876-1914) was an Indian lawyer and author best known for writing books in Trust, Equity, Limitation, Easement, Government Tenders, Contract and Sale of Goods Act. He was the father of Justice S. T. Desai , Chief Justice of Gujarat and Senior Advocate, Supreme Court of India.
In India, the principle is used in Indian Contract Act, 1872 Sec 190 which deals with agency. [citation needed] It was first applied in A K Roy v State of Punjab (1986) 4 SCC 326, which held that sub-delegation of delegated power is ultra vires to the Enabling Act. [19] [not specific enough to verify]
The Act also includes an "illustration" of how this section operates: "A owns a shop in Serampore , living himself in Calcutta , and visiting the shop occasionally. The shop is managed by B, and he is in the habit of ordering goods from C in the name of A for the purposes of the shop, and of paying for them out of A's funds with A's knowledge.
Section 27 of the Indian Contract Act has a general bar on any agreement that puts a restriction on trade. [20] The Supreme Court of India has clarified that some non-compete clauses—specifically, those backed by a clear objective that is considered to be in advantage of trade and commerce—are not barred by Section 27 of the Contract Act ...