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Sughra Bee Vs. Kareez Fatima Qureshi

Court : Andhra Pradesh

Subject : Contract

Acts : Contract Act, 1872 - Sections 29; Specific Relief Act, 1963 - Sections 15

Reported in : 2004(3)ALD821; 2004(3)ALT704

dismissed, with costs. (i) Contract - specific performance of contract - Section 29 of Contract Act, 1872 and Section 15 of Specific Relief Act, 1963 - second appeal filed against Order of Trial Court granting relief to respondent … sold and is not such a document hit by uncertainty as contemplated by Section 29 of the Indian Contract Act, 1872 ?2. Whether Ex.A-1 is hit by Section 29 of the Indian Contract Act 1872 inasmuch as it does

Sarala Devi and ors. Vs. Daya Ram and ors.

Court : Delhi

Subject : ContractCivil

Acts : Code of Civil Procedure (CPC), 1908 - Order 37; Indian Contract Act, 1872 - Sections 37; Specific Relief Act, 1963 - Sections 15

Reported in : 60(1995)DLT3; 1995(35)DRJ36

faith and without notice of the original contract.(8) In this context, Sections 37 and 40 of the Indian Contract Act, 1872 are also relevant. The said provisions are as follows:- '37.The parties to a contract must either perform, or … obtained within the time specified in the agreement. In the meantime on June 6, 1991 a notification under section 4 of the Land Acquisition Act, 1894 was issued in respect of the land in question. This was … for the land in question.(7) It may be noted that under sections 15(b) and 19(b) of the Specific Relief Act, 1963 (which correspond to old

Dai-ichi Karkaria Private Ltd., Bombay Vs. Oil and Natural Gas Commiss ...

Court : Mumbai

Subject : CommercialCustoms

Acts : Specific Relief Act, 1963 - Sections 38; Code of Civil Procedure (CPC), 1908 - Sections 94 and 151 - Order 6, Rule 4 and Order 39, Rules 1 and 2; Indian Contract Act, 1872 - Sections 15 and 17; Companies Act, 1956; Customs Act, 1962 - Sections 25; Indian Penal Code (IPC), 1860

Reported in : AIR1992Bom309; 1991(4)BomCR631; (1991)93BOMLR183

not exhaustive. The, above-referred principles are also relevant for interpretation and elucidation of law of coercion contained in Section 15 of Indian Contract Act, 1872. These principles was broadly approved by our Supreme Court in a different context … defendant No. I did not say a word. On this aspect, theExplanation to Section 17 of the Indian Contract Act, 1872 is of considerable significance. The said Explanation reads as under:--'Explanation silence as to facts likely to affect the

Mohd. Abdul Hakeem (Died) Per Lrs. Vs. Naiyaz Ahmed and ors.

Court : Andhra Pradesh

Subject : Contract

Acts : Contract Act, 1872 - Sections 2; Specific Relief Act, 1963 - Sections 15

Reported in : AIR2004AP299; 2004(3)ALD501; 2004(3)ALT585; 2005(1)CTLJ97(AP)

document a suit for specific performance cannot be maintained. Attention was drawn to several provisions of the Indian Contract Act, 1872 in this regard. Reliance also was placed on certain decisions to substantiate his contentions.2. On the contrary, Sri … 31 of the Code of Civil Procedure?2. Whether the suit as framed is maintainable in view of the Section 15 of the Specific Relief Act 1963 ?3. Whether examination of GPA as PW-1 would be sufficient even in

Prasad Film Laboratories Vs. G.V. Films Limited, Represented by Its Di ...

Court : Chennai

Subject : Civil

Reported in : 2005(2)CTC372

16 of the Specific Relief Act, 1963. He further contended that as per Section 170 of the Indian Contract Act, 1872, the appellant herein is entitled to lien over others. According to him, the plaintiff is not entitled to … the suit. He further contended that the plaintiff has not performed his obligation and has not satisfied Sections 15 and 16 of the Specific Relief Act, 1963. He further contended that as per Section 170 of the

Essar Steel Ltd. and ors. Vs. Union of India (Uoi), Through Secretary ...

Court : Gujarat

Subject : CivilContract

Acts : Companies Act, 1956 - Sections 617 and 619; Oil and Natural Gas Corporation Act, 1958; Essential Commodities Act - Sections 3; Rent Act; Contract Labour (Regulation and Abolition) Act, 1970; Sale of Goods Act, 1930 - Sections 2(10), 5, 10, 14, 15, 19, 31 and 32; Evidence Act, 1872 - Sections 91, 93 and 114; Contract Act; Industrial Disputes Act; Gujarat Gas (Regulation of Transmission, supply and Distribution) Act, 2001; Constitution of India - Articles 5A, 5B, 10, 12, 13, 14, 15, 32, 226 and 298

Reported in : 2004(176)ELT64(Guj); (2006)1GLR436

which defines 'free consent' and Section 15 which defines 'Coercion.' Mr. Dave submitted that Section 19 of the Contract Act clearly provides that the Contract with which consent is caused by coercion is only voidable at the option … as prayed for in prayer C of the petition. He submitted that Section 91 of the Indian Evidence Act, 1872 clearly prohibits giving of such evidence in proof of terms of any Contract. He submitted that in the

Food Corporation of India Vs. Prem Chand Jain

Court : Delhi

Subject : Land Acquisition

any time before its acceptance. For this conclusion, learned trial court relied on Section 5 of the Indian Contract Act 1872, which states as follows:5. Revocation of Proposals and acceptance A proposal may be revoked at any time before … 21.07.2000. That tender, inter alia, empowered the appellant to extend the period of acceptance for another period of 15 days. On 21.07.2000, the appellant exercised its right in terms of the said tender and extended the period

M/S Sicpa India Private Ltd. Vs. M/S Brushman (India) Ltd.

Court : Delhi

Subject : Company

there are substantial issues which have to be determined, particularly with reference to Section 176 of the Indian Contract Act, 1872 which deals with the pledgors and pledgees rights and duties which rule out the applicability of section 433. … is not paid within three weeks, winding up proceedings will be initiated. The respondent sent a reply on 15-6-2010 pointing out that a sum of `5 lacs paid by it was not given credit and also pointing

Mathuradas Canji Matani Vs. Ebrahim Fazalbhoy

Court : Mumbai

Subject : Civil

Reported in : AIR1927Bom581; (1927)29BOMLR1296

to in this respect.12. Turning next to the law of India, Sections 239 to 266 of the Indian Contract Act, 1872, deal with partnership. Section 253(10) provides that, in the absence of any contract to the contrary, partnerships are … the date of this suit, Fazalbhoy Joomabhoy, a partner in the defendant firm, had died, viz., on July 15, 1922. It is common ground that the plaintiffs were aware of this fact prior to the suit. The

Subhash Chand Aggarwal (Deceased) Thr His Lrs vs.yashveer Singh & ...

Court : Delhi

Subject : Land Acquisition

well settled that General Power of Attorney executed for a consideration is irrevocable under Section 202 of the Contract Act, 1872 and such a power of attorney cannot be revoked even upon the death of the executant. Section 202 … plaintiff is entitled to refund of earnest money of Rs.1 lakh from the defendants along with interest @ 15% per annum from the date of agreement to sell till realization. RFA3542017 Page 9 of 45 11. Appellants‟