AI Overview...
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No Recovery Without an Express Clause - Courts generally require an explicit contractual provision or clause authorizing recovery actions. For example, in contractual disputes, recovery of dues or damages is only permissible if the contract explicitly grants such rights, as seen in cases involving recovery of amounts or damages where the contract specifies the conditions or procedures for recovery Candid Drug Distributors VS Wanbury Ltd. - Gauhati, RCN Constructions Pvt. Ltd. VS State of Assam, Rep. by the Comm. and Secy. to the Govt. of Assam - Gauhati.
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Contractual Procedure and Due Process - Unilateral recovery or enforcement without following contractual procedures or without proper notice violates principles of natural justice. Courts emphasize the importance of adherence to contractual clauses related to penalties, notifications, or recovery procedures, and any recovery attempt lacking such express provisions is likely to be invalid M/s. Shivani Engineering Industries vs Telangana State Road Transport Corporation - Telangana.
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Recovery and Statutory Frameworks - Statutory provisions like the Rent Control Act or the Recovery of Debts Due to Banks and Financial Institutions Act specify conditions under which recovery can be made. Importantly, these statutes often require explicit provisions or procedures, and recovery without such express legal backing is not permissible KILLICK INDUSTRIES LTD, BANGALORE VS THIMMAIAH RAMACHANDRAN - Karnataka, Sajeda Khatoon VS Bank of India - Current Civil Cases.
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Absence of Contractual Relation and Tort - When no contractual relation exists, recovery actions typically fall under tort law rather than contractual remedies. Such actions require different legal bases and are not dependent on contractual clauses but rather on principles of wrongful act or damages Dalpatri Jhanjhnari VS West End Watch Co. , Bombay - Madhya Pradesh.
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Specific Case Examples:
- Landlord-tenant disputes under Rent Control Act require procedural compliance; recovery of rent at contractual rates is enforceable where the law does not explicitly restrict such rights Brojendra Lal Ray, on his death, Swarnamayi Ray VS Mubeswar Ali Choudhury - Calcutta.
- Disputes involving recovery of amounts or damages under agreements specify that recovery is contingent upon contractual clauses, such as clauses for penalties or notifications TV18 Home Shopping Network Limited VS Indiaontime Express Pvt Ltd. - Delhi.
Analysis and Conclusion:
The overarching principle across these sources is that recovery of dues, damages, or possession cannot be enforced without an explicit or implied contractual clause authorizing such action. Courts consistently uphold that recovery procedures must be grounded in clear contractual provisions or statutory mandates. Any unilateral recovery efforts lacking such express clauses are invalid, and adherence to contractual procedures and legal provisions is essential to ensure justice and legality in recovery actions.
Search Results for "No Recovery can be Made Without an Express Clause in the Contractual"
2011 0 Supreme(Gau) 116 • India - Gauhati
TINLIANTHANG VAIPHEI, B.D.AGARWAL
Mumbai, before learned Civil Judge for recovery of - This is how dispute arose - Appellant was appointed by Respondent on as Distributor ... subsequently converted to Carrying and Forwarding Agent with reduced commission due to poor performance on part of Appellant - In clause ... any dispute arising Between them warranting litigation, Courts in Mumbai alone would have jurisdiction to decide such a dispute - Clause ... Mumbai, before the learned Civil Judge (Senior Division) No. 1, Guwahati for recovery of As. 1,71,24,26....
2023 Supreme(Online)(Tel) 28401 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J
, contending that the respondent corporation acted without proper notice and in violation of contractual agreements. ... ... ... Ratio Decidendi: The court ruled that unilateral recovery of amounts without due process violates principles of natural justice ... ... ... (B) Agreement clauses - Reliance on Clauses 7 and 17 regarding penalty and notification for recovery examined - Court emphasizes ... turn invokes recovery proceedings. ... d) It is....
1994 0 Supreme(Kar) 147 • India - Karnataka
R.V.VASANTHA KUMAR
the provisions of the rent control act without determining the tenancy. ... It concluded that the landlord could initiate eviction proceedings under the rent control act despite the existence of a contractual ... Issues: The main issue was whether the landlord could resort to proceedings under the rent control act during the subsistence of a contractual ... of the lease in the manner stated in the term lease, the recovery of possession will have to be made only by recourse to section 21 (1 ). ... In oth....
1975 0 Supreme(Del) 165 • India - Delhi
B.C.MISRA
unless there is an express or implied mutual consent to create a new tenancy. ... Whether the suit for recovery of possession was maintainable in a civil court. 2. ... Therefore, a suit for recovery of possession against them can be filed in a civil court. 2. ... suit is without any substance. ... and without it if the defendant made certain payment, they could not be taken to be inconsistent with the plaintiff s right which is sought to be enforced by the suit. ... It has not even bee....
2017 0 Supreme(Del) 4847 • India - Delhi
MANMOHAN
21st August, 2012 and Clause 5(e) of the Agreement dated 29th November, 2012 Fact of the Case: The plaintiff filed ... a suit for recovery of Rs.2,06,65,318/- along with interest and damages against the defendants. ... Order VIII Rule 10 - Recovery Suit - Section 151 CPC - 5(l) of the agreement dated 21st August, 2012 - 5(d) of the Agreement dated ... It is pertinent to mention that the present suit has been filed for recovery of Rs.2,06,65,318/- along with interest and damages. ... The prayer clause i....
• India - Madhya Pradesh
CHATURVEDI
Where there is no contractual relation, either express or implied, alleged in the plaint, an action of tort has to be assumed. 5. ... The plaintiff filed a suit in the Ujjain Court for recovery of the price of the wristwatch and damages. ... Where an order for work is sent by post and without formal acceptance the work is carried out in the district where the order is ... Where there is no contractual relation, either express or implied, alleged in the plaint, an action of tort has to ....
1944 0 Supreme(Cal) 71 • India - Calcutta
SHARPE, NASIM ALI, MITTER
Finding of the Court: The Court held that the plaintiffs were entitled to recover rent at the contractual rate for ... the recovery of arrears of rent for a land settlement in a temporarily settled district in the Province of Assam. ... Rent Recovery - Assam Tenancy Act - Section 44, Section 3(17) Fact of the Case: The case involves a dispute over ... There is no provision in the Act which expressly takes away the pre-Act right of the landlord to recover cash rent at the contractual....
2022 0 Supreme(Gau) 487 • India - Gauhati
ARUN DEV CHOUDHURY
any stipulation in Contract agreement empowering employer state to do so - Whether State in Forest Department can take action of recovery ... Therefore, such Rule is not also mandatory in each and every contractual works inasmuch as MMC Rules, 2013 itself provides that mining ... Without certainty to the fact that royalty is payable on the material used by the contractor, same cannot be recovered without giving any opportunity to the contractor before deduction/ recovery from their bills. ... Finally, t....
2001 0 Supreme(Cal) 451 • India - Calcutta
Ajoy Nath Ray, S.N.Bhattacharjee
The court found that the price clause in the contract simply stated the price per 100 bags C & F Port Sudan, without any mention ... included in the price as a matter of trade practice, holding that the applicability of section 64A depended on the construction of the contractual ... The court also held that the price clause in the contract, which simply stated the price per 100 bags C & F Port Sudan, did not contain ... There is a special second part of 64A, just before the commencement of clause (a) wh....
• India - Current Civil Cases
SOUMEN SEN
Recovery of Debts Due to Banks and Financial Institutions Act. 1993- Section 21 - Appeal without pre-deposit-Maintainability of ... an express provision contained in the statute- Such a provision in the statute must be express-Having regard to the clear provision ... in the statute. a third party who is neither a borrower nor a guarantor and under no contractual obligation to discharge the debt ... —Any person, not being a borrower. if could maintain an appeal without pre-deposit as c....
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