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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 … Contract Act.40. The Supreme Court then referred to the decision in Brahmaputra Tea Co. Ltd. v. Scarth 1885 11 Cal 545 and observed that the conditions under which the covenantee was partially restrained from competing after the

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 … residential purposes, they shall be deemed to be part of each other for the purposes of this sub-section.)'. Section 11 of the new Act contains expresslegislative injunction forbidding totally the letting of any building without an order of

Abdul Satar Jaji Ibrahim Vs. Shah Manilal Talakchand

Court : Gujarat

Subject : Property

Acts : Administration of Evacuee Property Act, 1950 - Sections 2, 40 and 46; Administration of Evacuee Property Ordinance, 1949 - Sections 23 and 38; Indian Contract Act, 1872 - Sections 11, 31 and 32; Specific Relief Act, 1877 - Sections 18, 21 and 22

Reported in : AIR1970Guj12

thereby, or (2) for an unlawful object or consideration within the meaning of Section 23 of the Indian Contract Act, 1872, or (3) to a person legally disqualified to be transferee. It would follow from this provision that if … the extent and in the manner, allowed and prescribed by any law for the time being in force. Section 11 of the Contract Act defines the capacity to contract as under:-'Every person is competent to contract who is

Ram Ashish Chaudhary and anr. Vs. State of U.P. and ors.

Court : Allahabad

Subject : ServiceContract

Acts : Indian Contract Act, 1872 - Sections 11

Reported in : 2003(1)AWC613

contract entered into by a minor is a void contract in terms of Section 11 of the Indian Contract Act, 1872. In Ma Hnit and Ors. v. Hashim Ebrahim Metev and Anr., AIR 1919 PC 129, it has been

Sona Bala Bora and ors. Vs. Jyotirindra Bhatacharjee

Court : Supreme Court of India

Subject : PropertyFamily

Acts : Code of Criminal Procedure (CrPC) - Sections 107; Contract Act, 1872 - Sections 11 and 12

Reported in : 2005(5)ALLMR(SC)1128; 2005(2)AWC1593(SC); (SCSuppl)2005(3)CHN114; 100(2005)CLT147(SC); 2005(1)CTLJ345(SC); JT2005(4)SC418; (2005)4SCC501; 2005(1)LC626(SC)

of either party is given by a person of unsound mind as provided in Section 11 of the Contract Act, 1872. Under Section 12 of that Act, a person is said to be of sound mind for the purpose

Union of India (Uoi) Through Textile Commissioner Vs. Bhagwati Cottons ...

Court : Mumbai

Subject : Civil

Acts : Indian Contract Act, 1872 - Sections 28, 128, 129, 130 and 133 to 139; Limitation Act; Code of Civil Procedure (CPC) , 1907 - Order 7, Rule 11 - Order 37

Reported in : 2008(3)ALLMR63; IV(2008)BC73; 2008(5)BomCR909; 2008(2)CTLJ180(Bom)

informed the Defendant No. 2 that in the light of the amendment to Section 28 of the Indian Contract Act, 1872, which came into force with effect from 8th January 1997, the Bank was not absolved of its obligation … they were not in a position to export the goods on account of non-availability of good quality cotton. 11. The Plaintiffs by their letter dated 1st April 1998 informed the Defendant No. 1 and said GPB Fibres

Mathuradas Canji Matani Vs. Ebrahim Fazalbhoy

Court : Mumbai

Subject : Civil

Reported in : AIR1927Bom581; (1927)29BOMLR1296

to in this respect.12. Turning next to the law of India, Sections 239 to 266 of the Indian Contract Act, 1872, deal with partnership. Section 253(10) provides that, in the absence of any contract to the contrary, partnerships are … to be indebted to a firm of Haji Esmail Gulmahomed & Son for a loan advanced on March 11, 1921. The plaintiffs and defendant No. 2 are the assignees of that alleged debt under a composition deed.

A.Chandrasekaran Vs. Yoha Securities Limited

Court : Chennai

Subject : MRTP

5.3. On a consideration of all aspects of the matter, we recommend that Section 28 of the Indian Contract Act, 1872, should be suitably amended so as to render invalid contractual clauses which purport to extinguish, on the expiry … National Stock Exchange only on 17.10.2006 and that the applicant actually filed an application for arbitration only on 11.5.2007, the Arbitrator passed an award rejecting the claim, on the basis of the limitation prescribed by Bye law

Phonographic Performance Ltd. Vs. Hotel Gold Regency and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 30, 33, 33(1), 33(3), 34, 34(1), 34(3), 35, 35(2), 51, 53A, 54, 55, 61, 61(1) and 62; Indian Contract Act, 1872 - Sections 188; Companies Act, 1956; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11

Reported in : AIR2009Delhi11; 151(2008)DLT210; LC2008(2)451; 2008(37)PTC587(Del)

was placed by the learned Counsel for the plaintiff on the provisions of Section 188 of the Indian Contract Act, 1872 which defines the extent of an agent's authority. An agent having authority to carry on a business, has … Badar Durrez Ahmed, J.1. Defendant Nos. 2 and 3 have filed this application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 for rejection of the plaint. As indicated in the order dated

In Re Interplay Between Arbitration Agreements Under The Arbitration A ...

Court : Supreme Court of India

Subject : Arbitration

of three statutes - the Arbitration and Conciliation Act 19961, the Indian Stamp Act 18992, and the Indian Contract Act 1872.3 The Stamp Act imposes duty on “instruments”. An instrument which is unstamped or insufficiently stamped is inadmissible in … that it is not enforceable in law, unless it is duly stamped. Therefore, even a plain reading of Section 11(6-A), when read with Section 7(2) of the 1996 Act and Section 2(h) of the Contract Act, would make