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Jayakunvar Manilal Shah Vs. Syndicate Bank

Court : Karnataka

Subject : Contract

Acts : Contract Act, 1872 - Sections 127 and 144; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 7 - Order 41, Rule 22

Reported in : ILR1992KAR1053; 1992(2)KarLJ583

Ors. v. Kanhaiyalal Ors. ; (iv) , Gulam Hussain v. Faiyaz Ali Khan;24. Section 127 of the Indian Contract Act, 1872 ('the Act' for short) reads thus:-'127. CONSIDERATION FOR GUARANTEE. - Anything done, or any promise made, for the … Point No. 1 is answered in the negative.28. POINT No. 2:This defence of the third-defendant falls under the Section 144 of the Contract Act. In addition to this, it is also the contention of the third-defendant that even

B.R. Herman and Mohatta (India) Ltd. Vs. Pran Ballav Majumdar

Court : Kolkata

Subject : Contract

Acts : Sale of Goods Act - Sections 31 and 35; ;Contract Act - Sections 73 and 74

Reported in : AIR1960Cal524,64CWN798

shows that it draws its descent from its old and forgotten parent in Section 93 of the Indian Contract Act, 1872 which read as follows -'In the absence of any special promise the seller of goods is not bound … is sufficient to refer to the case of Johnson v. Taylor Bros, and Co., Ltd. 1920 A. C. 144 where at page 156 of the Report Lord Atkinson after referring; to the cases of (1872) 5 H.

Alluri Narayana Murthy Raju Vs. Dist. Collector and ors.

Court : Andhra Pradesh

Subject : Contract

Acts : Contract Act, 1872 - Sections 32 and 56; Andhra Pradesh (Andhra Area) Rivers Conservancy Act, 1884; Interest Act, 1978 - Sections 3 and 3(1); Code of Criminal Procedure (CrPC) - Sections 144; Andhra Pradesh Panchayat Raj (Auction of Sand in the Water Courses Vesting in Gram Panchayat) Rules, 2000 - Rules 5, 7, 8, 11 to 18, 19 and 26

Reported in : AIR2008AP264; 2008(6)ALD103

emanate from the statute, the contract is statutory in nature. Consequently, the parties are governed by the Indian Contract Act, 1872 (for short, 'the Act') and the Rules under which contract is entered into.10. The important question that requires … Station. On information given by the Inspector of Police, Bheemunipatnam, respondent No. 5 initiated proceedings dated 24.12.2001 under Section 144, Cr.P.C. Despite the said measures, the villagers did not permit the petitioner to lift the sand. He then

HDFC Bank Ltd. Vs. Rohan Dyes and Intermediates Ltd.

Court : Mumbai

Subject : Land Acquisition

any, shall be refunded to the Petitioner. Companies Act, 1956, Sections 434(1)(a), 439;Negotiable Instruments Act, 1881, Section138; Indian Contract Act, 1872, Section 30; Gaming Act, 1845 (U.K), Section 18- Company Petition- Leave for Winding up- Petitioner Bank, an authorised dealer … High Court in the case of Rajshree Sugars and Chemicals Ltd. Vs. Axis Bank Ltd. (AIR 2011 MADRAS 144 : 2008 SCC OnLine Mad 746 : (2009) 1 CTC 227).The facts of this case would reveal that

Roshanlal S. JaIn and ors. (Aop) Vs. Deputy Commissioner of Income Tax ...

Court : Gujarat

Subject : Direct Taxation

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 300; Constitution of India - Articles 14 and 20(2); Income Tax Act, 1961 - Sections 2, 2(1), 3, 4, 139, 140A, 142, 143, 144, 190, 207, 208 to 219, 234A, 234B and 234C; Indian Contract Act, 1872 - Sections 59 to 61

Reported in : (2008)220CTR(Guj)38; [2009]309ITR174(Guj); [2009]176TAXMAN95(Guj)

Constitution.7.5 An incidental contention was also raised based on provisions of Sections 59 - 61 of the Indian Contract Act, 1872 to submit that the respondent authority had erred in law in not treating the amount of tax paid … three assessment years under consideration as bad in law to the extent there is an overcharging of interest;(ii) Section 234A of the IT Act, 1961 (the Act) is ultra vires to the extent the said section provides … furnished, ending on the date of completion of the assessment under Section 144,on the amount of the tax on the total income as determined under

Krishna Pillai Rajasekharan Nair (D) by Lrs. Vs. Padmanabha Pillai (D) ...

Court : Supreme Court of India

Subject : PropertyLimitation

Acts : Limitation Act, 1908 - Articles 120, 132, 144 and 148; Hindu Mitakshra Law; Transfer of Property Act, 1882 - Sections 67, 91, 92 and 95; Travancore Limitation Act - Schedule - Article 132; Contract Act, 1872 - Sections 69; Code of Civil Procedure (CPC) , 1908 - Sections 105(2); Constitution of India - Article 136

Reported in : 2004(2)ALD21(SC); 2004(1)AWC570(SC); (SCSuppl)2004(2)CHN42; [2004(2)JCR170(SC)]; 2004(2)KLT61(SC); (2004)2MLJ103(SC); 2003(10)SCALE95; (2004)12SCC754

pay, is entitled to be reimbursed by the other. This principle is enacted in Section 69 of the Contract Act, 1872. Another principle is found in equity: 'he who seeks equity must do equity'. (See Rashbehary Ghose on Law … property, on payment of his proportionate share of the mortgage money, would be governed by Article 132 or 144 of the Limitation Act, 1908. Article 132 provided for a suit to enforce payment of money charged upon

Addl. Commissioner of Income-tax Vs. Hassan Chand and Sons

Court : Rajasthan

Subject : Direct Taxation

Acts : Indian Income Tax Act, 1922 - Sections 26A; Income Tax Act, 1961 - Sections 184, 184(4), 185, 185(5), 187 to 189, 246, 297 and 297(2); Income Tax (Removal of Difficulties) Order, 1962 - Schedule - Articles 2 and 3; Indian Partnership Act, 1932 - Sections 37

Reported in : [1997]224ITR244(Raj)

there was no corresponding provision like Section 37 in the repealed Sections 239 to 266 of the Indian Contract Act, 1872, which were replaced by the present Indian Partnership Act, 1932. By giving a place to this section in … Income-tax Rules, 1922.8. It appears that the Income-tax Officer had made assessment for this year ex parte under Section 144 of the Act of 1961. On appeal, the said ex parte assessment was set aside by the learned

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 … 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 deals with

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 … mandate to all authorities to act in aid of the orders of this Court as provided in Article 144 of the Constitution. It also noticed the fact that by a catena of decisions of the Apex Court,

Asset Reconstruction Company (india) Limited Vs. Bishal Jaiswal

Court : Supreme Court of India

Subject : Land Acquisition

“5. … It is also pertinent to note that under sub-section (3) of Section 25 of the Indian Contract Act, 1872, a promise, made in writing and signed by the person to be charged therewith, or by his agent … really no substantial difference between the parties as to the true legal position in this matter.” (at pages 144-145) 13. The next question that this Court must address is as to whether an entry made in a