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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 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.
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]
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]
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.
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 ...
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Indian Contract law is popularly known as mercantile law of India. Originally Indian Sales of Goods Act and Partnership Act were part of Indian Contract act, but due to needed amendment these acts were separated from Contract Act. The Contract act occupies the most important place in legal agreements in India.