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State Bank of India Vs. Punjab National Bank

Court : Delhi

Subject : Contract

Acts : Negotiable Instruments Act, 1881 - Sections 131; Indian Contract Act, 1872 - Sections 72

Reported in : I(1996)BC251; 57(1995)DLT55

entitled to recover any amount from defendant no. 1 under the provisions of Section 72 of the Indian Contract Act, 1872 Ifso, to what amount is the plaintiff entitled and on what basis?2. Is the plaintiff entitled to the … to any draft, as defined in Section 85A, as if the draft were a cheque.'(27) The wording of Section 131 shows that one of the conditions for availability of protection to the collecting Bank is 'in case the

The Board of Trustees of the Port of Bombay and ors. Vs. M/S Sriyanesh ...

Court : Supreme Court of India

Subject : Commercial

Acts : Major Port Trusts Act, 1963 - Sections 2, 42, 43, 47, 48, 49, 59, 61, 68, 70, 71, 126 and 131; Indian Contract Act, 1872 - Sections 45, 151, 152, 161 and 171; Constitution of India - Articles 14, 19, 226, 265 and 300A; Arbitration and Conciliation Act, 1996; Indian Railways Act, 1890; Bills of Lading Act, 1856

Reported in : AIR1999SC2947; 1999(3)CTC91; 2000(69)ECC7; 1999(112)ELT373(SC); JT1999(5)SC172; 1999(4)SCALE318; (1999)7SCC359; [1999]3SCR1238; 1999(2)LC1472(SC)

Board of Trustees of the Port of Bombay have been advised that under Section 171 of the Indian Contract Act, 1872, they have a general lien which they can exercise on the goods which came into their custody of … necessary for the wharfinger to file a suit for the recovery of the amount due to it and Section 131 of the MPT Act clearly provides that such a remedy of filing a suit is available to the

Classic Builders and Developers Vs. Union of India and ors.

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 2(7), 2(21), 131, 131(1), 131(1A), 132, 132(1), 132(1A), 132A, 132(4), 133, 133A and 138; Constitution of India - Articles 226 and 227; Code of Civil Procedure (CPC), 1908; Indian Contract Act, 1872 - Sections 1; Direct Tax Laws (Amendment) Act, 1987; Bombay Land Requisition Act, 1948

Reported in : [2001]251ITR492(MP)

Flotilla Company v. Bugwandas ILR[1891] S.C 18 , the question arose while interpreting Section 1 of the Indian Contract Act, 1872, which reads 'nothing herein contained shall affect the provisions of any statute, Act or Regulation not hereby expressly … property. It was also said that the letter may be treated as issue of commission as provided under Section 131(1)(d) read with Section 131(1A) of the Act. In substance, the Deputy Director of Income-tax (Investigation) invoked his powers

Tashi Delek Gaming Solutions Ltd. and anr. Vs. State of Karnataka and ...

Court : Supreme Court of India

Subject : ConstitutionContract

Acts : Lotteries (Regulation) Act, 1998 - Sections 2, 3, 4, 5, 6 and 7(3); Indian Contract Act, 1872 - Sections 182, 185, 202 and 230; Government of India Act, 1935 - Sections 204; ;Constitution of India - Articles 12, 14, 131 and 226

Reported in : AIR2006SC661; 2006(1)CTC208; 2007(1)CTLJ121(SC); JT2005(10)SC458; (2006)1SCC442; 2006(1)LC309(SC)

their principal....'23. We cannot subscribe to the said view.'Agent' has been defined in Section 182 of the Indian Contract Act, 1872, to mean a person employed to do any act for another or to represent another in dealings with … S.B. Sinha, J.1. Leave granted.Introduction:2. Scope and ambit, of Article 131 of the Constitution of India is in question in these appeals, which arise out of a common judgment

Pahunchi Lal Vs. Man Singh

Court : Allahabad

Subject : PropertyContract

Acts : Tenancy Law; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951 - Sections 131, 134 and 154; Contract Act, 1872 - Sections 23 and 31; Transfer of Property Act - Sections 54; Specific Relief Act, 1963 - Sections 13 and 20

Reported in : AIR1971All444

than prescribed limit of 12 ½ acres - agreement is not void. (ii) Contract - Section 31 of Contract Act, 1872 - Contract entered into by a Sirdar as mentioned in Section 131(a) of U.P. Zamindari Abolition and Land

State Bank of India Vs. the United Commercial Bank Ltd. and ors.

Court : Delhi

Subject : BankingCommercial

Acts : Indian Contract Act, 1872 - Sections 72; Negotiable Instrument Act, 1981 - Sections 85A and 131

Reported in : AIR2003Delhi284

was entitled to recover the amount from the first defendant under the provisions of Section 72 of Indian Contract Act., 1872 or in the alternative from defendant No. 2 if the defendant No. 1 had paid the amount to … dealings with their customer/account holder Shri Durlabh Singh. It was further held that the protections as envisaged by Section 131 of the Negotiable Instrument Act was not available to the defendant Punjab National Bank, collecting bank, as there

M/S Adya Global Export Inc. & Anr vs.canara Bank

Court : Delhi

Subject : Education

& Pilcher (Third Party) 5 LDAB418 30. The Appellate Tribunal, while relying on Section 72 of the Indian Contract Act, 1872, has held that the Section makes no distinction between the mistake of facts or mistake of law. Money … not have shipped/exported the goods to the party in Uganda.15. Learned counsel for the petitioners also relies on Section 131 of the Negotiable Instruments Act, 1881 („Act‟, for short). It is submitted that the cheque deposited with the

Delhi Cloth and General Mills Company Ltd. and anr. Vs. the Union of I ...

Court : Rajasthan

Subject : Customs

Reported in : 1982WLN695

way of this writ petition is in fact enforcement of quasicontractual right under Section 72 of the Indian Contract Act, 1872, for recovery of the money which, according to the petitioner, was paid to the respondent under mistake of … or order appealed against. The orders passed by the Appellate Authority are further revisable under Sections 130 and 131 of the Act.16. In Gulabdas & Co. and Anr. v. Assistant Collector of Custom and Ors. : 1983ECR1618D(SC)

Classic Builders and Developers Vs. Union of India

Court : Madhya Pradesh

Subject : Direct Taxation

Reported in : [2001]115TAXMAN393(MP)

v. Bugwandas (1891) 18 ILR Cal. 620 (PC), the question arose while interpreting section 1 of the Indian Contract Act, 1872 which reads 'Nothing herein contained shall affect the provisions of any statute, Act or Regulation, not hereby expressly … property. It was also said that the letter may be treated as issue of Commission as provided under section 131(1)(d), read with section 131(1A), of the Act. In substance, the Deputy Director (Investigation), invoked his powers conferred on

Central Inland Water Transport Corporation Limited and anr. Vs. Brojo ...

Court : Supreme Court of India

Subject : Service

Acts : Companies Act, 1956 - Sections 617; Constitution of India - Articles 1, 4, 12, 13, 14, 15, 16, 17, 18, 19, 19(1), 23, 32, 36, 37, 38, 38(1), 39, 40, 41, 42, 47, 51, 51-A, 53(1), 68, 73, 131, 141, 152, 154, 154(1), 162, 226, 298, 308, 311, 311(2), 366, 367(1), 370 and 372; Indian Contract Act, 1872 - Sections 16(1), 16(2), 19, 19-A, 23 and 24; Code of Criminal Procedure (CrPC) , 1973 - Sections 19\7; Central Inland Water Transport Corporation Ltd. (Service, Discipline and Appeal) Rules, 1979 - Rules 9 and 11; Indian Penal Code (IPC), 1908 - Sections 21

Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC); [1986] 2 SCR 178; AIR 1986 SC 157; MANU/SC/0439/1986

2) Whether an unconscionable term in a contract of employment is void under Section 23 of the Indian Contract Act, 1872, as being opposed to public policy and, when such a term is contained in a contract of employment … Bihar v. Union of India and Anr. : [1970]2SCR522 the State of Bihar filed nine suits under Article 131 in connection with the delayed delivery of iron and steel materials for the construction work of the Gandak