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Mar 15 1971

Raghunath Gopal Daftardar Vs. Sau, Vijaya Raghunath Daftardar

Court : Mumbai

Decided on : Mar-15-1971

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 12(1) and 12(2); Indian Contract Act, 1872 - Sections 17

Reported in : AIR1972Bom132; (1971)73BOMLR840; ILR1972Bom511; 1972MhLJ110

consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872. Now, fraud is defined in Section 17 of the Indian Contract Act, 1872, which runs thus :- ' … is whether the consent of the petitioner to the marriage was obtained by fraud within the meaning of Section 12(1)(c) of the Hindu Marriage Act, 1955. In this connection, the facts found by the learned Judge below and

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Aug 11 2009

Y.K. Sethi Vs. Basf India Limited and ors.

Court : Delhi

Decided on : Aug-11-2009

Subject : Service

Acts : Indian Contract Act, 1872 - Sections 14, 19, 19A and 23; Constitution of India - Articles 12, 14 and 226; Limitation Act, 1963 - Schedule - Article 58; Companies Act, 1956 - Sections 617; Service, Discipline and Appeal Rules, 1979 - Rule 9(1)

Reported in : (2010)ILLJ493Del

Clause 8 of the appointment letter dated 11th July 1997 is void under Section 23 of the Indian Contract Act, 1872 and Article 14 of the Constitution of India. 3. After completion of pleadings, this Court by an order … particularly given that the corporation in the said case was covered under the definition of State under Article 12 of the Constitution. 7. It is further submitted by learned Counsel for the Defendants that the limitation for

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Nov 08 1943

State of Gondal Vs. Govindram Seksaria

Court : Mumbai

Decided on : Nov-08-1943

Subject : PropertyContract

Reported in : (1944)46BOMLR822

having regard to Section 55 of the Transfer of Property Act, 1882, and Section 69 of the Indian Contract Act, 1872, to which I will presently refer.12. The whole of the purchase price being paid, plaintiff No. 1 was

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Dec 05 1984

H.S. Trivedi, Vs. Namdev Vishnu Kanalekar and ors.

Court : Mumbai

Decided on : Dec-05-1984

Subject : Contract

Acts : Contract Act, 1872 - Sections 12 and 16(2)

Reported in : 1985(2)BomCR303

and 142 of 1983 are dismissed with costs. Contract - consideration - Sections 12 and 16 (2) of Contract Act, 1872 - premises occupied by plaintiff - plaintiff had large family which was dependent upon him - lost his … forming a rational judgment as to the effect of the documents on his interest within the meaning of section 12 of the Contract Act, as well as on the ground that the documents are vitiated by fraud, as

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Mar 22 2006

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

Court : Supreme Court of India

Decided on : Mar-22-2006

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. … will have a final say therein. Extradition Treaty: [S.B. Sinha & Dr. Mukundakam Sharma, JJ] Record that Article 12 of the Extradition Treaty dated 14th September, 1999 entered into between the Government of India and the Government

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Aug 31 2005

Mst. Lakshmi Vs. Dr. Ajay Kumar and ors.

Court : Punjab and Haryana

Decided on : Aug-31-2005

Subject : Contract

Acts : Hindu Marriage Act, 1955 - Sections 13(1); Contract Act, 1872 - Sections 12; Code of Civil Procedure (CPC) , 1908 - Sections 100 - Order 32, Rules 1 to 14 and 15

Reported in : AIR2006P& H77; (2006)142PLR289

which has been recognized by Section 13(1)(iii).14. I am further of the view that Section 12 of the Contract Act, 1872, also does not go to the extent of declaring a contract void, if at the time of marking

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Apr 20 1992

Shri Baij Nath Vs. M/S. Ansal and Saigal Properties Pvt. Ltd.

Court : Delhi

Decided on : Apr-20-1992

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 12 and 14; Indian Contract Act, 1872 - Sections 31; Code of Civil Procedure (CPC), 1908 - Order 23, Rule 1

Reported in : ILR1992Delhi1057

bigger hall/restaurant measuring about 1400 sq. ft. Specific performance of part of a contract is otherwise barred under Section 12 of the Specific Relief Act unless the part to be performed bears a substantial proportion in value and … was fulfillled the contract was not capable of specific enforcement as stated in Section 31 of the Indian Contract Act, 1872.7. So far as the submission that at least the contract may be specifically enforced qua 192 sq. ft.

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Mar 11 2003

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

Court : Mumbai

Decided on : Mar-11-2003

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', … transfer of shares governed by the Act must be in accordance with the provisions of the Depositories Act, Section 12 of the Depositories Act provides for pledge or hypothecation of the security and reads as follows :'12. Pledge

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Jun 08 2005

Kaju Devi and anr. Vs. H.S. Rudrappa Alias Rudy and ors.

Court : Karnataka

Decided on : Jun-08-2005

Subject : Civil

Acts : Karnataka Rent Control Act, 1961 - Sections 31; Partnership Act, 1932 - Sections 69; Evidence Act - Sections 120; Indian Contract Act, 1872 - Sections 181 and 182; Transfer of Property Act, 1882 - Sections 106(4); Code of Civil Procedure (CPC) - Order 3, Rules 1 and 2 - Order 18, Rule 2 - Order 20, Rule 12; Constitution of India - Articles 141, 363 and 366(22)

Reported in : ILR2005KAR4370; 2006(2)KarLJ551

Order 18 Rule 2 CPC read with Section 120 of the Evidence Act and Section 182 of Indian Contract Act, 1872, which provisions do not prohibit the GP.A. Holder of plaintiffs to examine himself as a witness in the … and further directed that there shall be an enquiry for mesne profit as contemplated under Order 20 Rule 12 Code of Civil Procedure and they shall pay a sum of Rs. 38,500/- with interest at 12% per

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Apr 11 2005

Sona Bala Bora and ors. Vs. Jyotirindra Bhatacharjee

Court : Supreme Court of India

Decided on : Apr-11-2005

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

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