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industrial Finance Corporation of India Ltd. Vs. the Cannanore Spinnin ...

Court : Supreme Court of India

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 20, 21, 29, 56, 128 and 130 to 141; Companies Act, 1956; Industrial Development and Regulations Act; Sick Textile Undertakings (Nationalisation) Act, 1974 - Sections 3, 4, 5 and 20; Nationalisation (Sick Textile Undertakings Taking Over of Management) Act, 1972 - Sections 5, 5(1) and 5(2); Constitution of India - Article 136; Sick Industrial Companies (Industrial Provisions) Act, 1995 - Sections 22

Reported in : AIR2002SC1841; 2002(3)ALD113(SC); 2002(2)ARBLR676(SC); II(2002)BC430(SC); [2002]110CompCas685(SC); (2002)4CompLJ337(SC); JT2002(4)SC318; (2002)3MLJ144(SC); 2002(3)SCALE574;

it would also be convenient to note the true effect of Sections 139 and 140 of the Indian Contract Act, 1872 as well, which read as under : '139. Discharge of surety by creditor's act or omission impairing surety's … creditor has against the principal debtor, including the enforcement of every security stands statutorily recognised and incorporated in Section 141 of the Indian Contract Act as regards the discharge of a surety from liability, when the creditor … is this finding which is under challenge before this Court under Article 136 of the Constitution and this Court on 6th March, 1995 granted special

Canara Bank Vs. Gokuldas Shenoy and anr.

Court : Kerala

Subject : CommercialContract

Acts : Contract Act, 1872 - Sections 23, 133, 134, 135, 136, 137, 139 and 141; Limitation Act, 1963 - Schedule - Article 55

Reported in : [1991]72CompCas298(Ker)

the second defendant. Contract - guarantee - Sections 23, 133, 134, 135, 136, 137, 139 and 141 of Contract Act, 1872 and Article 55 of Schedule to Limitation Act, 1963 - appeal against decree in suit for recovery of … borrower and accordingly the guarantor shall not be entitled to any of the rights conferred as surety by Sections 133, 134, 135, 139 and 141 or any other relevant provisions of the Contract Act.'4. Exhibit A-20, dated

M/S. Indian Drugs and Pharmaceuticals Ltd. Vs. M/S. Indo Swiss Synthet ...

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 2, 8 and 33; Limitation Act, 1963 - Schedule - Article 137; Constitution of India - Article 136; Indian Contract Act, 1872 - Sections 62; Code of Civil Procedure (CPC) - Sections 20

Reported in : AIR1996SC543; 1996(1)ARBLR77(SC); 1995(6)SCALE439; (1996)1SCC54; [1995]Supp5SCR189

of contract - Section 33 of Arbitration Act,1940, Article 136 of Constitution of India, Section 62 of Indian Contract Act, 1872, Section 20 of CPC,1908 and Article 137 of Schedule to Limitation Act, 1963 - whether arbitration clause remained in

Gurmukh Singh Vs. Amar Singh

Court : Supreme Court of India

Subject : PropertyContract

Acts : Contract Act, 1872 - Sections 23; Constitution of India - Article 136

Reported in : JT1991(1)SC685; (1991)2MLJ21(SC); 1991(1)SCALE478; (1991)3SCC79; [1991]1SCR885

that the agreement is opposed to public policy and, therefore, it is void under Section 23 of the Contract Act, 1872. According to him the agreement was to knock out the pubic property on a minimum price and that, … the District Court and the High Court confirmed the same. Thus this appeal on special leave under Article 136 of the Constitution.2. The contention neatly argued by Shri Khanna, the learned Counsel for the appellant, is that

G.C. Nagaraju Vs. the Executive Engineer, P.W.D., Mysore Division, Mys ...

Court : Karnataka

Subject : ContractLimitation

Acts : Limitation Act, 1963 - Sections 3- Schedule - Articles 18 and 55; Code of Civil Procedure (CPC), 1908 - Sections 80, Order 41, Rule 27; Madras Port Trust Act - Sections 110; Constitution of India - Article 136, 141; Limitation (Amendment) Act, 1908 - Schedule - Article 115, 120; Contract Act, 1872 - Sections 73

Reported in : ILR2000KAR5033; 2001(1)KarLJ71

recover such amount is governed by Article 115 and not Article 120, AIR 1962 All. 438, overruled - Contract Act, 1872, Section 73 - Words and Phrases - Word 'Compensation'.The word 'compensation' used in Article 115 has the same meaning … the recommendation of the Assistant Collector of Customs and hence in the exercise of our discretion under Article 136 of the Constitution, we do not see any reason why we should proceed to hear this appeal and

Compact Griha Nirman Vs. Kusum Alloys Ltd.

Court : Karnataka

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 7, 11, 11(5), 11(6), 16, 16(1), 16(2), 16(3) and 16(5); Companies Act, 1956 - Sections 293(1); Specific Relief Act - Sections 20; Indian Contract Act, 1872 - Sections 2 and 10; Constitution of India - Article 136

Reported in : ILR2007KAR3794; 2007(6)KarLJ564; ILR2007(4)Kar4192; 2007(5)AIRKarR416; AIR2007NOC2349

it is necessary to notice the difference between an agreement and a contract, Section 2(e) of the Indian Contract Act, 1872 defines, that 'Every promise and every set of promises forming consideration for each other, is an agreement'. Section … by the Chief Justice would attain finality and an appeal will lie against that order only under Article 136 of the Constitution of India to the Supreme Court. The Chief Justice has to necessarily apply his mind

Bankim Bihari Roy Vs. Halima Bibi and anr.

Court : Orissa

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 11 and 145 - Order 21, Rule 22; Contract Act - Sections 133 to 139

Reported in : AIR1962Ori54

making of the compromise and the granting of time the surety was discharged under Section 135 of the Contract Act, 1872. They held that Section 135 is quite specific in its character and lays down that if a suit … creditor's forbearance to sue does not discharge the surety whereas the Madras High Court took the view that Section 136 of the Contract Act does not apply and the Nagpur High Court expressed the opinion that Section 133

Ajit Kumar Nag Vs. General Manager (P.J.), Indian Oil Corporation Ltd. ...

Court : Supreme Court of India

Subject : Service

Acts : Constitution of India - Articles 12, 14, 32, 136, 226, 227, 309, 311, 311(2) and 356; Indian Penal Code (IPC) - Sections 147, 149, 341, 323, 498A and 506; Contract Act, 1872 - Sections 23; Service Rules; Criminal Law

Reported in : AIR2005SC4217; [2005(107)FLR407]; JT2005(8)SC425; RLW2005(4)SC2326; (2005)7SCC764; 2006(1)SLJ267(SC)

Such provisions have also been held to be bad and against public policy under Section 23 of the Contract Act, 1872. Even if there is a term in the contract or in a Rule, it is liable to be … committed any error of law and/or of jurisdiction which deserves interference in exercise of discretionary jurisdiction under Article 136 of the Constitution. As is clear, the situation has been created by the appellant. It was very grave

Penchalapati Anakampali Hanumantha Reddy and ors. Vs. P. Sanjeeva Redd ...

Court : Andhra Pradesh

Subject : PropertyCivil

Acts : Contract Act, 1872; Code of Civil Procedure (CPC) , 1908 - Sections 96(3), 148 and 151 - Order 21, Rule 9 - Order 23 Rules 1, 3 and 3A - Order 43, Rule 1; Constitution of India - Articles 136 and 215

Reported in : 2008(3)ALD539; 2008(2)ALT109

Explanation to proviso of Rule 3 Order XXIII CPC compromise which is void, or voidable under the Indian Contract Act, 1872, shall not be deemed to be lawful, the order passed in AS No. 2594/2003 is liable to be … his aid by refusing the exercise of its discretionary jurisdiction under Article 136 of the Constitution of India. The Supreme Court further approved the ratio … v. R. Rambilas AIR 2003 A.P. 32. Whereas appellants in the main appeal filed ASMP No. 1000/2006 under Section 148 r/w 151 CPC for enlarging the time to comply with the terms of the compromise decree passed

National Textile Corp.Ltd. Vs. Nareshkumar Badrikumar Jagad and ors

Court : Supreme Court of India

Subject : Civil

Acts : The Textile Undertakings (Taking over of Management) Act, 1983 ; Textile Undertakings (Nationalisation) Act, 1995 - 3(1) (2); Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ; Maharashtra Rent Control Act, 1999 - Section 3(1) (a) ; Code of Civil Procedure (CPC), 1908 - Section 115 Order 8 Rule 2; Constitution Of India - Article 136, 12; Food Corporation Act, 1964; Punjab Municipalities Act, 1911 ; Companies Act - Sections 619, 620; Indian Contract Act 1872 - Section 230

of agent and principal and held that in view of the provisions of Section 230 of the Indian Contract Act 1872 (hereinafter called the `Contract Act'), an agent is not liable for the acts of a disclosed principal subject … after the amendment Act 2002, w.e.f. 1.7.2002. Being the fourth court, in exercise of its power under Article 136 of the Constitution, this Court should not entertain the appeal. The appeal lacks merit and is liable to