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i.T.C. Ltd. Vs. Board of Trustees for the Port of Calcutta

Court : Kolkata

Subject : Civil

Acts : Calcutta Port Act, 1890 - Sections 61A, 87, 110, 112, 112(1), 113, 113(1) and (2), 142;; Indian Contract Act, 1872 - Sections 3, 25, 151, 152 and 161;; Sea Customs Act, 1973 - Section 16;; Railways Act, 1890 - ; Limitation Act, 1908 - Sections 4 to 24, 29(2);; Limitation (Amendment) Act, 1963 - Section 15(2)

Reported in : AIR1990Cal129,1991(34)ECC40,1992(61)ELT607(Cal)

29(2) of the Limitation Act, 1908 provided that nothing in that Act shall affect S. 25 of the Contract Act, 1872. Sub-rule (2) of S. 29 provided that where any special or local law prescribed for any suit, appeal … taken by the appellant/plaintiff. Further he submitted that in view of S. 142 of the Calcutta Port Act not only the remedy but the right … whether the appellant's claim was barred by the law of limitation. While considering the question of limitation, the section which calls for construction of the Calcutta Port Act are :-- S. 113, sub-sec. (1) and sub-sec. (2).

O.N.G.C. Ltd. Vs. O.L. of Ambica Mills Co. Ltd.

Court : Gujarat

Subject : Company

Acts : Companies Act, 1956 - Sections 125, 446, 446(1), 529, 529(1), 529(3), 529A, 529A(1) and 530; Provincial Insolvency Act, 1920 - Sections 2; State Financial Corporations Act, 1951 - Sections 29; Indian Contract Act, 1872 - Sections 171; Sale of Goods Act, 1930 - Sections 49; Bankruptcy Act; Constitution of India - Articles 12 and 142

Reported in : [2006]132CompCas579(Guj); [2005]57SCL184(Guj)

question that would survive is : would the undertaking amount to lien Lien depends upon possession. The Indian Contract Act, 1872 provides for Bailee's lien u/s.170; but bailee's right of lien is lost with the loss of possession. Under … the case of Textile Labour Association(supra), that exercise of power under Article 142 cannot ignore any substantive statutory provision dealing with the subject and the … Nos.168-78 of 1997 in Civil Appeals Nos.8530-40 of 1983 will have to be read subject to provisions of Sections 529 and 529-A of the Companies Act'.It is this direction which has given rise to the present controversy

Desayi Chelapathi Reddi Vs. the Provincial Government of Madras

Court : Chennai

Subject : Tenancy

Acts : Tenancy Law; Madras Estates Land Act, 1908 - Sections 136D, 139, 142, 142(1) and 142(3); Contract Act, 1872 - Sections 69 and 70

Reported in : AIR1951Mad650

142, 142 (1) and 142 (3) of Madras Estates Land Act, 1908 and Sections 69 and 70 of Contract Act, 1872 - second appeal arose out of suit for declaration that Provincial Government had no right to call upon … The suit was the sequal to action taken by the District Collector of Cuddappah under Sub-section (1) of Section 142, Madras Estates Land Act and was instituted under Sub-section (3) on both the grounds referred to therein, namely,

Outdoors Communication Vs. Pwd and Municipal Corporation of Delhi

Court : Delhi

Subject : Civil

Acts : Delhi Municipal Corporation Act, 1957 - Sections 2, 2(34), 2(45), 2(57), 45, 46, 142 to 146, 298 and 317; Contract Act, 1872 - Sections 2, 10 and 23; New Delhi Municipal Council Act, 1994; Constitution of India - Articles 13, 21, 32, 39, 47, 48(A), 51A, 129, 141, 142, 144, 366(10) and 367(1); Delhi Police Act, 1978 - Sections 28 and 28(3); General Clauses Act, 1897 - Sections 3(29); Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947 - Sections 3 and 3(1); Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 7(1); Arbitration and Conciliation Act, 1996 - Sections 34; Motor Vehicles Act, 1988; Delhi Plastic Bag (Manufacture, Sales and Usages) and Non-Biodegradable Garbage (Central) Act, 2000; Indian Penal Code (IPC) - Sections 188; Contempt of Court Act - Sectio

Reported in : 2007(2)CTLJ179(Del)

the law and opposed to public policy and that the same is void under Section 23 of the Contract Act, 1872 and hence barred. The defendant no. 1-PWD has assailed the action of the plaintiff as gross misuse of … security deposit and Rs.9,22,320/- on account of one month advance license fee with advance advertisement tax payable under Section 142 of the DMC Act and the agreement in standard form were deposited with the MCD, defendant no. 2

Debendra Nath Dutt and Banku Behary Banerjee Vs. Administrator-general ...

Court : Kolkata

Subject : Property

Reported in : (1906)ILR33Cal713

relating to contracts of guarantee is to be found in Chapter VIII of the Indian Contract Act of 1872, and the mistakes, which invalidate such contracts, are specified in Sections 142 and 143. These mistakes must be … question of mutual mistake. It is said that the case is governed by Section 20 of the Indian Contract Act, which says that, where both the parties to an agreement, are under a mistake as to a matter

Explore Computers Pvt. Ltd. Vs. Cals Ltd. and anr.

Court : Delhi

Subject : Contract

Acts : Companies Act, 1956; Negotiable Instruments Act, 1882 - Sections 105, 106, 107, 138 and 142; Contract Act, 1872 - Sections 28; Contract (Amendment) Act, 1996; Limitation Act, 1963; Code of Civil Procedure (CPC) , 1908 - Order 2, Rules 3 and 6

Reported in : IV(2006)BC441; 2006(2)CTLJ12(Del); 131(2006)DLT477; 2006(90)DRJ480

the same is alleged to be void in view of the provisions of Section 28 of the Indian Contract Act, 1872. The plaintiff thus claims the right to file a suit in accordance with the Limitation Act, 1963 as … were returned back with the endorsement 'exceeds arrangement' The plaintiff thus filed a complaint under Section 138 and 142 of the Negotiable Instruments Act, 1882 and the complaint is stated to be pending before the Court of

Bank of India Vs. Aiyars Advertising and Marketing Pvt. Ltd. and ors.

Court : Mumbai

Subject : Contract

Acts : Contract Act, 1872 - Sections 128, 130, 139, 141 and 142; Evidence Act, 1872 - Sections 4 and 34

Reported in : 1994(3)BomCR601

not necessary under the circumstances (i) Contract - liability - Sections 128, 130, 139, 141 and 142 pf Contract Act, 1872 and Sections 4 and 34 of Evidence Act, 1872 - no denial of liability by 1st defendant to … of the plaintiffs, the plaintiffs have lost a security created in their favour. The defendants aver that under section 140 of the Indian Contract Act this security would have been endured for the benefit of the Defendants.

K. Ramachandra Rao and ors. Vs. State of A.P. Rep. by Public Prosecuto ...

Court : Andhra Pradesh

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 7, 9, 138, 139, 142 and 143 to 147; Powers of Attorney Act, 1882 - Sections 2; Contract Act, 1872 - Sections 183; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 5, 39, 142, 190, 190(1) 190(2) 192, 195 to 199, 200, 313 and 313(1); Evidence Act, 1872 - Sections 60; Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002; General Clauses Act; Indian Penal Code (IPC) - Sections 202, 497 and 498

Reported in : 2005(2)ALT607; III(2005)BC111; 2005(2)CTC417; [2005(3)JCR390(AP)]

hearing before one of us (C.Y. Somayajulu, J.), since Powers of Attorney Act, 1882, and Section 183 of Contract Act, 1872, recognizing the principle QUI FACIT PER ALIUM FACIT PER SE were not considered while rendering the said decision, … act as Amicus Curiae. We place on record our appreciation for the valuable assistance rendered by him.4. Since Section 142 of the Act lays down that notwithstanding anything contained in Cr.P.C. the Court cannot take cognizance of an

T.A. Meenakshi Sundarammal and anr. Vs. K. Subramania Ayyar and ors.

Court : Chennai

Subject : FamilyProperty

Acts : Contract Act, 1872 - Sections 23; Code of Criminal Procedure (CrPC) , 1898 - Sections 345; Limitation Act, 1908 - Sections 6(1), 6(2) and 6(3) - Schedule - Articles 44, 123, 140 and 142; Code of Civil Procedure (CPC) , 1908 - Sections 100 and 101; Limitation Law

Reported in : AIR1955Mad369

court-fee payable on the memorandum of appeal presented by her. (i) Family - application - Section 23 of Contract Act, 1872, Section 345 of Criminal Procedure Code, 1898, Section 6 (1), 6 (2) and 6 (3) and Articles 44, 123, … date of the sale, that is, 7-2-1930. Since the case pleaded was one of possession and dispossession, Article 142 of the Limitation Act would apply and the suit filed more than 12 years from the date of

T. Raju Setty Vs. Bank of Baroda

Court : Karnataka

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 23, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 152 and 153; Code of Civil Procedure (CPC), 1908 - Order 22, Rules 4, 9 and 11 - Order 41, Rule 33 - Order 43, Rule 1; Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947; Punjab Land Acquisition (Defence of India) Rules, 1943; Madras Debt Conciliation Act - Sections 10(2); Debt Conciliation Act; Limitation Act, 1963 - Article 115

Reported in : AIR1992Kant108

defendants-2 and 3?(3) Whether a decree could be passed against sureties?POINT No. 19. Chapter VIII of the Indian Contract Act, 1872 (hereinafter referred to as the 'Act') deals with indemnity and guarantee. Section 124 defines the expression 'contract of … the rights of surety on payment or performance and surety's right to benefit of creditor's securities respectively; Sections 142 to 144 deal with the guarantee; Section 145 deals with the implied promise to indemnify surety; Section 146