ARCHIVE SiteMap 2022-02-21
Restraint of trade | ‘A’, a Doctor, employed another Doctor ‘B’ as assistant for a period of 3 years on a salary of Rs. 3,000/- per mensem. There was an agreement between ‘A’ & ‘B’ which provided that after the termination of his employment, ‘B’ shall not practice as a Doctor… ‘A’, thereupon, sued ‘B’ for the recovery of Rs. 50,000/-. Decide.- Performance of the contract | A contract is a contract from the date it is made and not from the date on which its performance is due’. Discuss with reference to statutory provisions and case law.
- “The essential idea upon which the doctrine of Frustration is based is that of the impossibility of performance of the contract, in fact, impossibility and frustration are often used as an interchangeable expression.” Discuss. A Person entered into service… breach of contract. Is he liable?
- Absolute restriction | "Every agreement, by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights is, void to that extent.” Examine this statement in light of Section 28 of the Indian Contract Act, 1872.
- Personal contract | Naresh engaged Mr. Vinay a well-known painter to paint a picture depicting a particular design for him. Naresh agreed to pay a sum of Rs. 10,000/- as professional charges to Mr. Vinay. After completion of work… Mr. Vinay filed a suit for recovery of Rs. 10,000/- in civil court. Decide.
- What do you understand by anticipatory breach of contract? M/s XYZ Textile enters into a contract with ABC Garment Showroom for the supply of 1000 pieces of cotton shirts at Rs. 400/- per shirt to be supplied on or before 31st December 2015. Later on… Discuss the remedies available to ABC Garment Showroom.
- Restraint of trade | A forfeiture clause in the employment contract provides that “if a person engages in a competing business/service within two years period after leaving the company… Whether the clause is enforceable or is violative of Section 27 of the Indian Contract Act?
Under which Sections of C.P.C. are civil first appeals, civil second appeals and civil miscellaneous appeals filed?- Give ten examples of cases where an appeal will lie against the orders passed by civil courts?
- Does an appeal lie against a consent decree? Give reasons in support of your answer and also refer to relevant provisions in this regard.
- Does a second appeal lie against an order passed in appeal? Give reasons and also refer to relevant provisions.
- Whether the second appeal can lie against a ‘Decision being contrary to law’?