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American Express Bank Ltd. Vs. Ms. Priya Puri

Court : Delhi

Subject : CivilBanking

Acts : Contract Act, 1872 - Sections 27; Specific Relief Act - Sections 14 and 41; Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1, 2 and 4

Reported in : [2006(110)FLR1061]; (2006)IIILLJ540Del

other country, it may not be permissible to import the principles enunciated in different environments and laws. The Contract Act,1872 is quite exhaustive even if it may not be a complete code dealing with all the eventualities pertaining … in the contract of her appointment is restraint of trade specially after her resignation and is prohibitive under Section 27 of the Contract Act and such restraint or restriction violates and seriously impinge upon the defendant's fundamental … J.1. This order shall dispose of Plaintiff's application under Order 39 Rules 1 and 2 of the Code of Civil Procedure and the defendant's application

Andritz Oy, Rep. Through Power of Attorney Agent, Mr. Siraj Ahmad Vs. ...

Court : Chennai

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 2(1), 7, 7(1), 7(2), 7(3), 7(4), 7(5), 8, 11(6), 16, 16(1), 44 to 52, 53 and 54 - Schedule - Article 11(2) and 11(3); Companies Act, 1956 - Sections 2(35), 3, 3(1), 26, 28, 31, 36, 39, 40, 79 and 82; Transfer of Property Act; Arbitration Act, 1940 - Sections 7, 8(2) and 47(1); Contract Act, 1872 - Sections 2, 19, 19A, 20, 23 to 30, 35, 36 and 56; Code of Civil Procedure (CPC) , 1908 - Order 6, Rules 2 and 4 - Order 7, Rule 14(1); United Nations Commission on International Trade Law, 1985; United Nations Commission on International Trade Law Conciliation Rules, 1980; Arbitration of the International Chamber of Commerce Rules

Reported in : 2007(3)ARBLR545(Madras)

would perish along with the main contract, we may have to take recourse to the provisions of the Contract Act, 1872.38. The Contract Act, 1872, among other things, deals with--(1) valid and enforceable contracts; (2) voidable contracts; (3) contracts … V. Ramasubramanian, J.1. This is an application taken out by the first defendant in the suit, under Section 45 of the Arbitration and Conciliation Act, 1996, seeking to refer the parties to the present suit CS

Wipro Limited Vs. Beckman Coulter International S.A.

Court : Delhi

Subject : Arbitration

Acts : Contract Act, 1872 - Sections 27 and 28; Arbitration and Conciliation Act, 1996 - Sections 9; Specific Relief Act, 1963 - Sections 41 and 42

Reported in : 2006(3)ARBLR118(Delhi); 2006(2)CTLJ57(Del); 131(2006)DLT681

clause. Fourthly, he mentioned that any restraint on employment would be vocative of Section 27 of the Indian Contract Act, 1872 and that the ratio of the decision in the case of Pepsi Foods Ltd and Ors. v. Bharat … Badar Durrez Ahmed, J. 1. In this petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the

Garg Builders Vs. Bharat Heavy Electricals Limited

Court : Supreme Court of India

Subject : Arbitration

sum due to the contractor, is ultra vires and against the provisions of Section 28 of the Indian Contract Act, 1872.9. On the other hand, Mr. Pallav Kumar, learned counsel for the respondent, submitted that Section 31(7)(a) of the … This appeal is directed against the Order of the Division Bench of the High Court of Delhi dated 19.09.2017 in FAO(OS) (COMM)No.120/2017 whereby it has upheld the judgment of the learned Single Judge in OMP (COMM) No.28

Uniclel Ltd. and anr. Vs. the State Trading Corporation

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 20(1); Indian Contract Act, 1872 - Sections 17

Reported in : ILR1978Delhi203

of fraud pleaded by the Unicel has to be decided under sections 17 and 19 of the Indian Contract Act, 1872. Under section 17 an act or omission including silence when there is a duty to speak has to … Unicel Limited (appellant) offered to sell to the State Trading Corporation (respondent) by a letter of 26th May, 1970 staple fibre standard Bright Bleached at 46.5d per Kg. containing he following called the 'fall clause' :- 'Unicel

Dabur India Ltd. and Another Vs. Hansa Vision Ltd. and Another

Court : Delhi

Subject : Service Tax

advertised has been accepted by defendant No.1, it must pay on account of Section 70 of the Indian Contract Act 1872. 13. The learned Single Judge has extensively relied upon the law laid down in the decisions reported as:-

State of Kerala and ors. Vs. United Shippers and Dredgers Ltd.

Court : Kerala

Subject : ArbitrationContract

Acts : Arbitration Act, 1940 - Sections 30; Contract Act, 1872 - Sections 74

Reported in : AIR1982Ker281

the breach of the contract, claim for compensation will lie in the light of Section 74 of the Contract Act, 1872 (for short the 'Act'). 5. The main part of Section 74 of the Act reads thus : '74. … Bhat, J. 1. These appeals arise out of the common judgment of the First Additional Sub Court, Ernakulam in O. P.

Dai-ichi Karkaria Private Ltd., Bombay Vs. Oil and Natural Gas Commiss ...

Court : Mumbai

Subject : CommercialCustoms

Acts : Specific Relief Act, 1963 - Sections 38; Code of Civil Procedure (CPC), 1908 - Sections 94 and 151 - Order 6, Rule 4 and Order 39, Rules 1 and 2; Indian Contract Act, 1872 - Sections 15 and 17; Companies Act, 1956; Customs Act, 1962 - Sections 25; Indian Penal Code (IPC), 1860

Reported in : AIR1992Bom309; 1991(4)BomCR631; (1991)93BOMLR183

defendant No. I did not say a word. On this aspect, theExplanation to Section 17 of the Indian Contract Act, 1872 is of considerable significance. The said Explanation reads as under:--'Explanation silence as to facts likely to affect the … ORDER1. The plaintiff is a company incorporated under the provisions of the Companies Act, 1954 carrying on business, inter alia, of manufacture of speciality chemicals. The 1st defendant is a statutory Corporation constituted

Bank of Baroda Vs. Avdoot Bhagwant Naik and ors.

Court : Mumbai

Subject : ContractCivil

Acts : Transfer of Property Act, 1882 - Sections 58 and 58(1); Indian Contract Act, 1872 - Sections 126, 127 and 128; Indian Contract (Amendment) Act, 1972 - Sections 135, 139 and 141

Reported in : AIR2005Bom224

counsel on behalf of the plaintiff, has placed reliance on Sections 126, 127 and 128 of the Indian Contract Act, 1872 and has also placed reliance on the cases reported in M/s. M. Ramnarain Pvt. Ltd. v. State Trading … conclusion that the said mortgage could not be created as there was no notification issued in terms of Section 58(1) of the Transfer of Property Act, 1882 concerning the town of Vasco-da-Gama.9. As already stated, the plaintiff

Percept D'Markr (India) Pvt. Ltd. Vs. Zaheer Khan and Anr.

Court : Supreme Court of India

Subject : ArbitrationContract

Acts : Indian Contract Act, 1872 - Sections 27; Companies Act, 1956; Arbitration and Conciliation Act, 1996 - Sections 9 and 36; Specific Relief Act, 1963 - Sections 14, 14(1), 41 and 42; Arbitration and Conciliation Rules

Reported in : AIR2006SC3426; 2006(2)ARBLR34(SC); 2006(2)AWC1869(SC); 2006(5)BomCR322; (2006)5CompLJ224(SC); 2006(1)CTLJ100(SC); (2006)4MLJ1695; 2006(3)SCALE324; (2006)4SCC227

Pvt. Ltd. and the respondent No. 1 - Zaheer Khan is void under Section 27 of the Indian Contract Act, 1872 has been in restraint of trade. It was submitted by learned senior counsel for the appellant - Mr.