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The State of Madras Vs. Gannon Dunkerley and Co., (Madras) Ltd.

Court : Supreme Court of India

Subject : Sales TaxContract

Acts : Sale of Goods Act, 1930 - Sections 4; Madras General Sales Tax Act, 1939 - Sections 2; Madras General Sales Tax (Amendment) Act, 1947; Government of India Act, 1935 - Sections 107; Indian Contract Act - Sections 1, 65, 75 and 77

Reported in : AIR1958SC560; (1958)IIMLJ66(SC); [1959]1SCR379; [1958]9STC353(SC)

is to be transferred.' 20. Coming to the Indian law on the subject, section 77 of the Indian Contract Act, 1872, defined 'sale' as 'the exchange of property for a price involving the transfer of ownership of the thing … again clearly laid down by the Judicial Committee in Edwards v. A. G. for Canada [1930] A.C. 124'. 10. In James v. Commonwealth of Australia [1936] A.C. 578, Lord Wright observed that a Constitution must not be

Jry Investments Private Limited Vs. Deccan Leafine Services Ltd. and o ...

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956 - Sections 108; Depositories Act, 1996 - Sections 10 and 12; Contract Act, 1872 - Sections 148 and 172; Securities and Exchange Board of India (Depositories and Participants) Regulations, 1996 - Regulation 58; Securities and Exchange Board of India (Depositories and Participants) Act, 1996 - Sections 58(2)

Reported in : [2004]121CompCas12(Bom); [2004]56SCL339(Bom)

It is, therefore, clear that such shares cannot be pledged in accordance with the provisions of the Indian Contract Act, 1872, which requires delivery of the goods pledged. Section 172 of the Contract Act reads as follows :'172. 'Pledge', … owner for the purpose of effecting transfer of ownership of security on behalf of a beneficial owner vide Section 10 of the Depositories Act, 1996, which reads as under :'10. Rights of depositories and beneficial owner.--(1) Notwithstanding anything

Oswal Spinning and Weaving Mills Vs. Collector of Customs and Calcutta

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (1989)(21)LC125Tri(Delhi)

of Port Trust Authority is that of a bailee under Sections 151, 152 and 161 of the Indian Contract Act, 1872, omitting the words "in the absence of any special contract" in Section 152 of that Act, But in … Misra expressed as follows- 97 ...I do not propose to delve into that aspect in my separate judgment.- 10. It is interesting to note that such type of attack, as made in the present case by the

Udhoo Dass Vs. Prem Prakash and anr.

Court : Allahabad

Subject : TenancyContract

Acts : Contract Act, 1872 - Sections 10 and 23; Uttar Pradesh (Temporary) Control of Rent and Eviction Act - Sections 7(2); Uttar Pradesh Act, 1947

Reported in : AIR1964All1

in the negative.Reference answered in the negative. Contract - contract of tenancy - Sections 10 and 23 of Contract Act, 1872 - contract of tenancy entered into in violation of order under section 7(2) of U.P. (Temporary) Control of

Nutan Kumar and Others Vs. Iind Additional District Judge, Banda and O ...

Court : Allahabad

Subject : TenancyContract

Acts : Indian Contract Act, 1872 - Sections 2, 3, 10, 12 and 23 to 30; Transfer of Property Act, 1882 - Sections 6, 105 and 108; Constitution of India - Article 13, 13(3) and 141; Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947 - Sections 7(2); Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Sections 11, 12, 13, 15, 15(1), 16, 16(1), 17, 17(1) and 31; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 15; Central Provinces and Berar Letting of Houses and Rent Control Order, 1949; Specific Relief Act; Child Marriage Restraint Act, 1929; Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1969 - Sections 5(8); Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 - Sections 166; Uttar P

Reported in : AIR1994All298

relating to all agreements constituting subsratum Of a valid contract are subject to and governting by the Indian Contract Act, 1872, hereinafter called the Contract Act.3. Clauses (h) and (g) of Section 2 of the Contract Act declare that … those which are not enforceable by law are void.4. Essential components of a valid Contract are provided in Section 10 of the Contact Act. These are as below.(i) Competence of the parties to the agreement; (ii) Free consent

The Talmakiwadi Co-operative Housing Society Ltd. Vs. the Divisional J ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Maharashtra Co-operative Societies Act, 1960 - Sections 2(16), 4, 9, 13, 14, 17, 22(1), 23(1), 36, 72 and 166(2); Maharashtra Co-operative Societies Rules, 1961 - Rules 10 and 13(1); Constitution of India - Article 19(1); Co-operative Society Act, 1925; Indian Contract Act, 1872; Societies Registration Act, 1860; Bombay Co-operative Societies Act, 1925; Transfer of Property Act, 1882 - Sections 10; Andhra Pradesh Co-operative Societies Act, 1964; Hindi Sahitya Sammelan Act, 1962

Reported in : 1999(1)ALLMR389; 1999(1)BomCR393

it has been provided that: (a) a person who is competent to enter into contract under the Indian Contract Act, 1872 would be eligible to become a member subject to his fulfilling certain requirements; (b) a minor or a … of law. 22. The learned Single Judge of Gujarat High Court made a reference to the provisions of section 10 of the Transfer of Property Act dealing with the conditions regarding alienation and held that section 10 provides

Ramchandra Lalbhai Vs. Chinubhai Lalbhai

Court : Mumbai

Subject : PropertyFamily

Reported in : (1943)45BOMLR1075

No. 1 by defendant is revocable as it is not coupled with interest; Section 202 of the Indian Contract Act, 1872.13. V.F. Taraporevala. Chinubhai Lalbhai & Bros., Ltd., was formed as a device to get capital and deposits for … A.I.R. [1936] Nag. 265, and Konskier v. B. Goodman, Ld. [1928] 1 K.B. 421.18. The new proviso to Section 10 of the Companies Act really gives statutory effect to the decision in Ramkumar Potdar v. Sholapur Spinning &

Essar Steel Ltd. and ors. Vs. Union of India (Uoi), Through Secretary ...

Court : Gujarat

Subject : CivilContract

Acts : Companies Act, 1956 - Sections 617 and 619; Oil and Natural Gas Corporation Act, 1958; Essential Commodities Act - Sections 3; Rent Act; Contract Labour (Regulation and Abolition) Act, 1970; Sale of Goods Act, 1930 - Sections 2(10), 5, 10, 14, 15, 19, 31 and 32; Evidence Act, 1872 - Sections 91, 93 and 114; Contract Act; Industrial Disputes Act; Gujarat Gas (Regulation of Transmission, supply and Distribution) Act, 2001; Constitution of India - Articles 5A, 5B, 10, 12, 13, 14, 15, 32, 226 and 298

Reported in : 2004(176)ELT64(Guj); (2006)1GLR436

as prayed for in prayer C of the petition. He submitted that Section 91 of the Indian Evidence Act, 1872 clearly prohibits giving of such evidence in proof of terms of any Contract. He submitted that in the … with the terms of the contract of sale. Section 32 recognizes that payment and delivery are concurrent conditions. Section 10 provides as to what agreements are contracts. He has also relied upon Section 14 which defines 'free consent' … which defines 'free consent' and Section 15 which defines 'Coercion.' Mr. Dave submitted that Section 19 of the Contract Act clearly provides that the Contract with which consent is caused by coercion is only voidable at the option

The Shimoga District Central Co-operative Bank Limited and anr. Vs. Ka ...

Court : Karnataka

Subject : BankingContract

Acts : Contract Act, 1872 - Sections 178 and 178A; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 10

Reported in : 2004(1)CTLJ494(Kar); 2004(2)KarLJ302

pawnor making a default in payment of debt'.7. The provisions of Sections 178 and 178-A of the Indian Contract Act, 1872 are extracted hereunder for convenient reference:178. Fledge by mercantile agent.--Where a mercantile agent is, with the consent of … defendant. Therefore, we are unable to say from the facts that the appellant-Bank can invoke the aid of Section 178 of the Contract Act. So it is evident that in a case where the 1st defendant had … of Rs. 98,200/- held in the Criminal Court deposit in Crime No. 100 of 1977 on the file of Judicial Magistrate First Class, Sugar. The

M/S.Latif Estate Line India Ltd. Vs. Mrs. Hadeeja Ammal and ors.

Court : Chennai

Subject : Constitution

Acts : Constitution of India - Article 226; Registration Act - Sections 32-A, 17, 34, 22-A; Specific Relief Act, 1963 - Section 31; Tamil Nadu Bhoodan Yagna Act, 1958 - Section 3

Reported in : AIR2011Mad66(FB)

in a case of sale deed. In this context, we may refer to Section 62 of the Indian Contract Act, 1872 which provides that contract which need not be performed. By that provision, any novation, rescission and alteration of … no such stipulation is made under the Act? and (iii) Whether the decisions of the single Judge dated 10.2.2009 made in W.P.No.8567 of 2008 and the Division Bench dated 1.4.2009 made in W.A.No.194 of 2009 amount to