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Start Free TrialContract Act, 1872 Complete Act
State: Central
Year: 1872
CONTRACT ACT, 1872 CONTRACT ACT, 1872 9 of 1872 CHAPTER 00: PRELIMINARY SECTION 01: SHORT TITLE This Act may be called the Indian Contract Act, 1872. Extent and commencement.-It extends to the whole of India except the State of Jammu and Kashmir; and it shall come into force on the first day of September, 1872. Enactments repealed.-Nothing herein contained shall affect the provisions of any Statute, Act or Regulation not hereby expressly repealed, nor any usage or custom of trade, nor any incident of any contract, not inconsistent with the provisions of this Act. SECTION 02: INTERPRETATION CLAUSE. In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from the context :- (a) When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal: (b) When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise: (c) The person making the proposal is called the "promisor",.....
List Judgments citing this sectionThe Transfer of Property Act, 1882 Complete Act
State: Central
Year: 1882
.....for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent;] 17 ["a person is said to have notice" of a fact when he actually knows that fact, or when, but for wilful abstention from an enquiry or search which he ought to have made, or gross negligence, he would have known it. Explanation 1. "Where any transaction relating to immovable property is required by law to be and has been effected by a registered instrument, any person acquiring such property or any part of, or share or interest in, such property shall be deemed to have notice of such instrument as from the date of registration or, where the property is not all situated in one sub-district, or where the registered instrument has been registered under sub-section (2) of section 30 of the Indian Registration Act, 1908 (16 of 1908), from the earliest date on which any memorandum of such registered instrument has been filed by any Sub-Registrar within whose sub-district any part of the property which is being acquired, or of the property wherein a share or interest is being acquired, is situated:] Provided that " (1) the instrument has been registered and its registration.....
List Judgments citing this sectionIndian Contract Act, 1872 Chapter 10
Title: Agency
State: Central
Year: 1872
.....ratifying unauthorized act forming part of a transaction A person ratifying any unauthorized act done on his behalf ratifies the whole of the transaction of which such act formed a part. Section 200 - Ratification of unauthorized act cannot injure third person An act done by one person on behalf of another, without such other person's authority, which, if done with authority, would have the effect of subjecting a third person to damages, or of terminating any right or interest of a third person, cannot, by ratification, be made to have such effect. Illustration (a) A, not being authorized thereto by B, demands, on behalf of B, the delivery of a chattel, the property of B, from C, who is in possession of it. This demand cannot be ratified by B, so as to make C liable for damages for his refusal to deliver. (b) A holds a lease from B, terminable on three months' notice. C, an unauthorized person, gives notice of termination to A. The notice cannot be ratified by B, so as to be binding on A. Section 201 - Termination of agency An agency is terminated by the principal revoking his authority; or by the agent renouncing the business of the agency; or by the business of.....
View Complete Act List Judgments citing this sectionIndian Partnership Act, 1932 Complete Act
State: Central
Year: 1932
.....therein means any person who is not a partner in the firm; and (e) expressions used but not defined in this Act and defined in the Indian Contract Act, 1872 (9 of 1872), shall have the meanings assigned to them in that Act. SECTION 03: APPLICATION OF PROVISIONS OF ACT 9 OF 1872 The unrepealed provisions of the Indian Contract Act, 1872, save in so far as they are inconsistent with the express provisions of this Act, shall continue to apply to firms. CHAPTER II: THE NATURE OF PARTNERSHIP SECTION 04: DEFINITION OF "PARTNERSHIP", "PARTNER", "FIRM" AND "FIRM NAME" "Partnership" is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. Persons who have entered into partnership with one another are called individually "partners" and collectively a "firm", and the name under which their business is carried on is called the "firm name". SECTION 05: PARTNERSHIP NOT CREATED BY STATUS The relation of partnership arises from contract and not from status; and, in particular, the members of a Hindu undivided family carrying on a family business as such, or a Burmese Buddhist husband and wife carrying business as.....
List Judgments citing this sectionSecurity Interest (Enforcement) Rules, 2002 Complete Act
State: Central
Year: 2002
.....declares that the application is within the limitation prescribed in section 24 of the Recovery of Debts Due to Banks and Financial Institutions (Act), 1993. 5. Facts of the case ; The facts of the case are given below: -[Give- here a concise statement of facts in a chronological order, each paragraph containing as nearly as possible a separate issue, fact or otherwise], 6. Details of recoveries made by sale of securities ; [Give here security wise details of sale/s conducted and realizations, appropriations of sale proceeds towards, costs interest and principal amount and the balance amount to be recovered.] 7. Relies sought : In view of me facts mentioned in para 5 above, the applicant prays for the the following relief(s) :- [Specify below the relief(s) sought explaining the ground for relief(s) and the legal provisions (if any relief upon).] 8. Iterim order, if prayed for: Pending final decision on the application, the applicant seeks issue of the following interim order-- [Give here the nature of the interim order prayed for with reasons.] 9. Matter not pending with any other court, etc : The applicant further declares that the matter .....
List Judgments citing this sectionThe Indian Penal Code 1860 Complete Act
State: Central
Year: 1860
.....1908, `India', means the territory of India excluding the State of Jammu and Kashmir. Under s. 2(e) of the Monopolies and Restrictive Trade Practices Act, 1969, `India' means for the purposes of this Act the territories to which this Act extends (i.e., whole of India except the State of Jammu and Kashmir). According to s. 2(27) of Customs Act, 1962, `India' includes the territorial waters of India. SECTION 19: "JUDGE" The word "judge" denotes not only every person who is officially designated as a Judge, but also every person, who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgement or a judgement which, if not appealed against, would be definitive, or a judgement which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgement. Illustrations (a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge. (b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge. (c) A member of a Panchayat which has power.....
List Judgments citing this sectionThe Kerala Fiscal Responsibility Act, 2003 Complete Act
State: Kerala
Year: 2003
THE KERALA FISCAL RESPONSIBILITY ACT, 2003 THE KERALA FISCAL RESPONSIBILITY ACT, 2003 (ACT 29 OF 2003) An Act to provide for the responsibility of the Government to ensure prudence in fiscal management and fiscal stability by progressive elimination of revenue deficit and sustainable debt management consistent with fiscal stability, greater transparency in fiscal operations of the Government and conduct of fiscal policy in a medium term fiscal frame work and for matters connected therewith or incidental thereto. Preamble.- WHEREAS it is expedient to provide for the responsibility of the Government to ensure prudence in fiscal management and fiscal stability by progressive elimination of revenue deficit and sustainable debit management consistent with fiscal stability, greater transparency in fiscal operations of the Government and conduct of fiscal policy in a medium term fiscal frame work and for matters connected therewith or incidental thereto. BE it enacted in the Fifty-fourth Year of the Republic of India as follows:- 1. Short title and commencement.- (1) This Act may be called the Kerala Fiscal Responsibility Act, 2003. (2) It shall come into force, on such date.....
List Judgments citing this sectionAir Corporations Act, 1953 [Repealed] Chapter IV
Title: Acquisition of Undertakings of Existing Air Companies
State: Central
Year: 1953
.....in respect of which an application is made is a transaction to which this section applies, then, unless the Tribunal is also satisfied that the transaction was a proper transaction made in the ordinary course of business regard being had to the circumstances at the time and was not in any way connected with any provision made by this Act or with any anticipation of the making of any such provision, the Tribunal shall make such order against any of the parties to the application as the Tribunal thinks just having regard to the extent to which those parties were respectively responsible for the transaction or benefited from it and all the circumstances of the case. (4) Where an application is made to the Tribunal under this Section in respect of any transaction and the application is determined in favour of the Corporation the Tribunal shall have exclusive jurisdiction to determine any claims outstanding in respect of the transaction. ________________________ 1. Substituted for the words "six months" by the Air Corporations (Amdt.) Act, 1954 (10 of 1954), S. 4 (w.r.e.f. 30-1-1954). Section 25 - Compensation to be given for compulsory acquisition of undertaking (1) Where.....
View Complete Act List Judgments citing this sectionAir Corporations Act, 1953 [Repealed] Section 24
Title: Transactions Resulting in Dissipation of Assets
State: Central
Year: 1953
.....be made parties to the application. (3) Where the Tribunal is satisfied that a transaction in respect of which an application is made is a transaction to which this section applies, then, unless the Tribunal is also satisfied that the transaction was a proper transaction made in the ordinary course of business regard being had to the circumstances at the time and was not in any way connected with any provision made by this Act or with any anticipation of the making of any such provision, the Tribunal shall make such order against any of the parties to the application as the Tribunal thinks just having regard to the extent to which those parties were respectively responsible for the transaction or benefited from it and all the circumstances of the case. (4) Where an application is made to the Tribunal under this Section in respect of any transaction and the application is determined in favour of the Corporation the Tribunal shall have exclusive jurisdiction to determine any claims outstanding in respect of the transaction. ________________________ 1. Substituted for the words "six months" by the Air Corporations (Amdt.) Act, 1954 (10 of 1954), S. 4 (w.r.e.f. 30-1-1954)......
View Complete Act List Judgments citing this sectionGuardians and Wards Act, 1890 Chapter III
Title: Duties, Rights and Liabilities of Guardians
State: Central
Year: 1890
.....more than one year beyond the date on which the ward will cease to be a minor. Section 30 - Voidability of transfers made in contravention of section 28 or section 29 A disposal of immovable property by a guardian in contravention of either of the two last foregoing sections is voidable at the instance of any other person affected thereby. Section 31 - Practice with respect to permitting transfers under section 29 (1) Permission to the guardian to do any of the acts mentioned in section 29 shall not be granted by the Court except in case of necessity or for an evident advantage to the ward. (2) The order granting the permission shall recite the necessity or advantage, as the case may be, describe the property with respect to which that act permitted is to be done, and specify such conditions, if any, as the Court may see fit to attach to the permission; and it shall be recorded, dated and signed by the Judge of the Court with his own hand, or, when from any cause he is prevented from recording the order with his own hand, shall be taken down in writing from his dictation and be dated and signed by him. (3) The Court may in its discretion attach to the permission.....
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