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Jul 30 2007

United India Insurance Company Limited Through Its Regional Office Rep ...

Court : Karnataka

Decided on : Jul-30-2007

Subject : InsuranceBanking

Acts : Insurance Act, 1938 - Sections 64VB; Motor Vehicles Act, 1988 - Sections 147(5) and 149(1); Contract Act, 1872

Reported in : 2008ACJ1528; ILR2007KAR3665; 2008(1)KarLJ536

valid as there cannot be any contract without consideration. The appellant had relied upon the provisions of the Contract Act, 1872 and contended that since the cheque through which premium was sought to be paid to the appellant was … policy of insurance to cover the bus without receiving the premium therefor. By reason of the provisions of Section 147(5) and 149(1) of the Motor Vehicles Act, the appellant became liable to indemnify third parties in respect of

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Nov 25 2005

Lalbhai Trading Company Through B.K. Bhatt and 3 ors. Vs. Union of Ind ...

Court : Gujarat

Decided on : Nov-25-2005

Subject : Customs

Acts : Customs Act, 1962 - Sections 18, 128, 129A, 129A(1) and 142; Town Police Clauses Act, 1847; Administrative Tribunals Act, 1985; Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976; Central Excise Act, 1944 - Sections 35 and 35B; Indian Contract Act, 1872 - Sections 124, 125, 126, 128, 133 to 139, 141 and 147; Evidence Act, 1872 - Sections 68; Code of Civil Procedure (CPC) - Sections 22(3), 96 and 100 - Order 47, Rule 1; Constitution of India - Articles 14, 19(1), 226 and 300A; Customs (Provisional Duty Assessment) Regulations, 1963 - Rules 2 and 3; Bombay Cinema Rules, 1954

Reported in : (2006)1GLR497

and presumptuous.19. A brief resume of the law regarding surety may be made:i. CHAPTER VIII of THE INDIAN CONTRACT ACT, 1872 (Contract Act) deals with INDEMNITY AND GUARANTEE. Sections 124 and 125 deal with indemnity while rest of the … GUARANTEE. Sections 124 and 125 deal with indemnity while rest of the sections commencing from Section 126 upto Section 147 of the Contract Act, deal with law regarding guarantee. Section 126 of the Contract Act gives various definitions.

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Sep 25 2006

United India Insurance Co. Ltd. Vs. A. Narayana Reddy and ors.

Court : Andhra Pradesh

Decided on : Sep-25-2006

Subject : Motor Vehicles

Acts : Insurance Act, 1938 - Sections 2(9), 64VB, 64VB(1) and 64VB(2); Motor Vehicles Act, 1988 - Sections 146, 146(1), 147, 147(4), 147(5), 149 and 149(1); Contract Act, 1872 - Sections 2, 25, 51, 52, 54 and 65

Reported in : 2008ACJ725; 2007(2)ALD347; 2007(3)ALT568

provisions of Section 64-VB of the Insurance Act, 1938 and Sections 51, 52 and 54 of the Indian Contract Act, 1872, their Lordships held:11. Thus the question has now to be considered as the same is the crux of … eh Mohammed, 1991 (2) ACC CJ 650, cited before their Lordships by the Counsel for the appellants, Sections 147 and 149 of the Motor Vehicles Act, 1988, and other related provisions of the M.V. Act, 1988, their

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Mar 07 2000

New India Assurance Co. Ltd. Vs. Rula and ors.

Court : Supreme Court of India

Decided on : Mar-07-2000

Subject : Motor VehiclesInsurance

Acts : Motor Vehicles Act, 1988 - Sections 146, 147(5) and 149; Insurance Act, 1938 - Sections 64VB; Indian Contract Act, 1872 - Sections 2

Reported in : II(2000)ACC751; 2000ACJ630; AIR2000SC1082; 2000(2)ALT45(SC); [2000]100CompCas711(SC); 2000(2)CTC179; (2001)2GLR1219; JT2000(3)SC37; (2000)IIMLJ167(SC); 2000(2)MPHT440; (200; [2000]2SCR148; (2000) 3 SCC 195; (2001)3 SCC1515

Reliance for this purpose has been placed by learned Counsel for the appellant on various provisions of the Contract Act, 1872 and it is contended that since the cheque through which premium was sought to be paid to the … other person, as the case may be, a policy of insurance complying with the requirements of this Chapter. Section 147(5) provides as under:(5) Notwithstanding anything contained in any law for the time being in force, an insurer issuing

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Jul 25 2001

New India Assurance Co. Ltd. Vs. Raghu

Court : Kerala

Decided on : Jul-25-2001

Subject : Motor VehiclesInsurance

Acts : Motor Vehicles Act, 1988 - Sections 146, 146(1), 147, 147(1), (3), (5), 149, 149(1) and 163-A; Insurance Act, 1938 - Sections 64VB and 640VB; Indian Contract Act, 1872

Reported in : I(2002)ACC217; II(2002)ACC552; 2002ACJ217

The High Court dismissed the appellant's appeals. Before the Supreme Court, placing reliance on various provisions of the Contract Act, 1872, the appellant contended that on account of bouncing of the cheque there was a failure of consideration and … as the case may be, a policy of insurance complying with the requirements of this Chapter. Thus the section clearly states that there should be in force a policy. S. 149 of the Motor Vehicles Act states … Inderjit Kaur, 1998 (1) KLT SN page 27. by reason of S. 147(5) and S. 149(1) of the Motor Vehicles Act, the Company become liable

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Jan 11 1980

L. Bansi Dhar and Sons Vs. Commissioner of Income-tax, Delhi

Court : Delhi

Decided on : Jan-11-1980

Subject : Direct Taxation

Acts : Insurance Act, 1938 - Sections 2(11); Indian Contract Act, 1872 - Sections 31 and 32; Transfer of Property Act, 1882 - Sections 3; Income Tax Act, 1961 - Sections 147, 171 and 256(1)

Reported in : ILR1980Delhi415; [1980]123ITR58(Delhi)

chapters and sections of that Act which relate to contracts shall be taken as part of the Indian Contract Act, 1872. The question, however, arises as to when a contractual right is property and when it is not. In … the facts and in the circumstances of the case, the Tribunal was justified is upholding the action under section 147 as valid in law 2. Whether, on the facts and in the circumstances of the case, the Tribunal

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Sep 19 2005

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

Court : Supreme Court of India

Decided on : Sep-19-2005

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 … proceedings were also initiated and a criminal case was filed against the appellant for offences punishable under Sections 147, 149, 341, 323 and 506 of the Indian Penal Code. The General Secretary of Haldia Refinery Employees' Union

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Dec 20 1971

Dayal Singh Vs. Collector of Stamps

Court : Delhi

Decided on : Dec-20-1971

Subject : Property

Acts : Stamp Act, 1899 - Sections 2(1), 2(6), 24, 27, 33, 40 and 64; Transfer of Property Act, 1882 - Sections 54; Indian Contract Act, 1872 - Sections 2; Delhi Municipal Corporation Act, 1947 - Sections 147 and 148

Reported in : AIR1972Delhi131

paid for the mortgage.' We may also consider the definition of 'consideration' in Section 2(d) of the Indian Contract Act, 1872 which is as follows:--'(d) When, at the desire of the promisor, the promise or any other person has … part of the consideration for the transfer deed dated 23.8.1969? and (2) Whether the transfer duty livable under Section 147 of the Delhi Municipal Corporation Act, 1957 on the above mentioned transaction in the form of a surcharge

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Dec 23 2005

Sushil Singh a/O Uday Nath Singh Vs. Shree Parbhu NaraIn Yadav Son of ...

Court : Allahabad

Decided on : Dec-23-2005

Subject : Election

Acts : Representation of Peoples Act, 1951 - Sections 57, 58A, 80, 81, 82, 83, 86, 100(1), 100(2), 123, 123(1) to 123(8) and 135A; Goondas Act - Sections 3; Criminal Law (Amendment) Act - Sections 7; Arms Act - Sections 26 and 27; Contract Act, 1872 - Sections 19A; Code of Civil Procedure (CPC) - Order 6, Rules 11 and 16 - Order 7, Rule 11 - Order 8, Rule 1 - Sections 151; Indian Penal Code (IPC) - Sections 147, 148, 149, 302, 307, 323, 341, 364, 504, 506 and 507

Reported in : AIR2006All187

over the other capable of being unfairly used is known as undue influence. Under Section 19A of the Contract Act 1872, in order to prove undue influence the party alleging undue influence is bound to establish, any of two … against him. The case, however, is closed. He does not remember about case crime No. 50-A/98 under Section 147/302/504/506 IPC, crime case No. 69/1998 under Section 3 of Goondas Act is pending. In case crime No. 185

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Mar 03 2006

Rani Constructions Pvt. Ltd. Vs. Pati-bel J.V. and anr.

Court : Delhi

Decided on : Mar-03-2006

Subject : Contract

Acts : State Bank of India Act, 1955; ;Indian Contract Act, 1872 - Sections 126 to 147; ;Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1 and 2

Reported in : III(2006)BC554; 2006(1)CTLJ448(Del); 129(2006)DLT38; 2006(88)DRJ291; (2006)144PLR24

These expressions gain in importance when they are considered in the backdrop of the provisions of the Indian Contract Act, 1872 pertaining to contracts of guarantee contained in Sections 126 to 147 thereof. It is to be remembered that … with the provision of the conditions of the Contract, of four laning and strengthening of existing 2 lanes section from Km. 321.10 to Km.393.00 on NH-2 (Construction of Package 1 C) in the state of U.P. (GTRIP/3)

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