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K.P. Chowdhary Vs. State of Madhya Pradesh and ors.

Court : Supreme Court of India

Subject : Commercial

Acts : Indian Forest Act, 1927 - Sections 82 and 85; Madhya Pradesh Forest Contract Rules - Rules 28 and 29; Constitution of India - Article 299 and 299(1); Madhya Pradesh Land Revenue Code, 1959 - Sections 155; Government of India Act, 1935 - Sections 175(3); Indian Contract Act, 1872 - Sections 70

Reported in : AIR1967SC203; [1966]3SCR919

Land Revenue Code, 1959, Section 175 (3) of Government of India Act, 1935 and Section 70 of Indian Contract Act, 1872 - questions arising in this appeal is whether Article 299 hits an implied contract and amount due can … 28 and 29 of Madhya Pradesh Forest Contract Rules, Articles 299 and 299 (1) of Constitution of India, Section 155 of Madhya Pradesh Land Revenue Code, 1959, Section 175 (3) of Government of India Act, 1935 and Section

M/s. S.K. Metal and Co. and Another Vs. Commissioner of Customs and Ot ...

Court : Delhi

Subject : Land Acquisition

the petition was not maintainable since its relationship with the Petitioner was purely contractual. In terms of the Contract Act, 1872 and the clauses in the Bill of Lading and Carrier s Applicable Tariff, APL was entitled to be … 11th October 2001. As regards the prayer for payment of the demurrage charges, the Customs Department referred to Section 155 of the Act, which states that no suit or other legal proceedings would be maintainable in respect of

United India Insurance Co. Ltd. Vs. Santro Devi and ors.

Court : Supreme Court of India

Subject : Motor Vehicles

Acts : Workmen's Compensation Act, 1923 - Sections 4 and 30; Contract Act, 1872; Motor Vehicles Act, 1988 - Sections 94, 95, 95(5), 145, 146, 147, 147(1), 147(3), 149, 149(1), 149(2), 155 and 157; Insurance Act, 1938

Reported in : 2009ACJ570; 2009(1)AWC502(SC); 2009(2)MhLJ960(SC); 2008(16)SCALE136:2009AIRSCW6472009(1)LHSC74:2009(1)SCC(Cri)582:2009ACJ570

Even according to law the contract cannot be made in favour of dead person. So under the Indian Contract Act, 1872 the alleged contract of Insurance is not liable to pay any amount of compensation. The respondent No. 1 … any reason as to how the appellant could avoid its statutory liability. Our attention has been drawn to Section 155 of the Motor Vehicles Act by Mr. Mehra to contend that the statutory liability of the insurance company

M.S. Madhusoodhanan and anr. Vs. Kerala Kaumudi Pvt. Ltd. and ors.

Court : Supreme Court of India

Subject : Company

Acts : Companies Act, 1913 - Sections 2(13), 81, 81(1), 81(2) and 284; Companies Act, 1956 - Sections 31(1), 108, 155, 159, 161(2), 164, 189(2), 193, 193(1), 194, 195, 397, 398, 402, 403 and 446; Sale of Goods Act, 1930 - Sections 2(10), 4, 9, 8(2), 9(1) and 9(2); Contract Act, 1872 - Sections 29; Specific Relief Act, 1963 - Sections 10, 16, 20 and 20(2); Specific Relief Act, 1877 - Sections 12; Arbitration Act, 1940; Evidence Act - Sections 16 and 114; Uttar Pradesh Sales Tax Act - Sections 28B and 265; Citizenship Rules - Rules 3, 59 and 60; Citizenship Act, 1955 - Sections 18; Stamps Act

Reported in : 2003(6)ALD1(SC); [2003]117CompCas19(SC); (2003)4CompLJ185(SC); 2003(6)SCALE191; (2004)9SCC204; [2003]46SCL695(SC)

party is capable of being made certain and is not invalid as provided under Section 29 of the Contract Act, 1872 [See: Illustration (e)]. In view of such categoric and clear statutory provisions, the submission of learned counsel representing … six are:(i) C.P. No. 14 of 1986 filed by Madhusoodhanan for rectification of the company's share register under Section 155 of the Companies Act, 1956 by cancellation of the allotment of 425 shares to Ravi and Sreenivasan and

Excel Cardamom Company Vs. the Spices Trading Corporation Ltd. and anr ...

Court : Delhi

Subject : Contract

Acts : Contract Act, 1872 - Sections 74

Reported in : IV(2007)BC419; 2007BusLR131(Del); 2007(97)DRJ257; (2008)149PLR44

is stated to be not one which could be reasonable within the provisions of Section 74 of the Contract Act, 1872 (hereinafter referred to as 'the Contract Act') It has also been pointed out that part of the goods … contracted to sell 80 metric tonnes of clove to M/s Jagdish Persad Mirdul Kumar at the rate of 155 per kg. The plaintiff claims to have suffered a loss on account of the delayed delivery of goods.5.

Commissioner of Customs, Kandla Vs. Essar Oil Limited and ors.

Court : Supreme Court of India

Subject : Customs

Acts : Customs Act, 1967 - Sections 15(1), 16(1), 17, 17(2), 28, 28(1), 28AB, 46, 47(2), 51(1), 55, 58, 59(2), 68, 72, 111, 112 and 155; Customs Act, 1962 - Sections 111, 112, 114A and 155; Central Treasury Rules - Rules 70, 79, 79(1) and 80; ;Contract Act, 1872 - Sections 17; Central Government Account (Receipt and Payment Rules, 1983) - Rule 20; ;Central Excise Rules, 1944 - Rule 8

Reported in : 2004(96)ECC497; 2004(172)ELT433(SC); JT2004(9)SC12; 2004(8)SCALE570; (2004)11SCC364

if it was at the material date false in substance and in fact. Section 17 of the Indian Contract Act, 1872 defines 'fraud' as act committed by a party to a contract with intent to deceive another. From dictionary … committed acts of omission under the overall guidance and supervision of Sri Sharma. The plea for protection under Section 155 of the Act was rejected. Penalty under Section 112(a) in respect of each of the officers was levied.46.

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 … principles of Lord Atkinson in his speech in the House of Lords in 1920 AC 144 at p. 155 remain the classic insignia of a C.I.F. contract. They are:'First, to make out an invoice of the goods

Vale Australia Pvt. Limited and Others Vs. Steel Authority of India Li ...

Court : Delhi

Subject : Land Acquisition

the parties and after discussing the decisions of the Indian Courts interpreting Sections 55 and 63 of the Contract Act 1872, the Tribunal concluded that while due consideration was given by SAIL to the proposals of Vale and AMCI … the decisions in M.M. T. C v. Al Bamar Company Ltd. (2009) 155 PLR 13, (where this Court was guided by the LIBOR rates where … Introduction 1. These are three petitions under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Act’) arising out of the proceedings in which a final

Mmtc Limited Vs. Sineximco Pte Ltd. and ors.

Court : Delhi

Subject : Contract

Acts : Conciliation Act, 1996 - Sections 34 and 34(2); Contract Act - Sections 73 and 74

Reported in : 2006(3)ARBLR12(Delhi); 2006(90)DRJ638

advance was by way of liquidated damages and in view of provisions of Section 74 of the Indian Contract Act, 1872, the same would imply that the petitioner is entitled to recover reasonable compensation but subject to a ceiling … of Chrome were 50/48 per cent and 46/44 per cent at a price of USD 205 and USD 155 respectively per dry metric tone. 2. In pursuance of the contract, an advance of USD 2,67,000 was paid

Shri D.R. Talayarkhan Vs. Transgene Biotek Limited and Dr.

Court : Company Law Board CLB

Subject : Service Tax

Reported in : (2007)138CompCas727

respondent immediately on receipt of the amount advanced by him in accordance with the provisions of the Indian Contract Act, 1872. The petitioner has retained the pledged shares wrongfully even after closure of the loan amount by the Company. … Pvt.Ltd. (1994) 79 CC 163, wherein the full Bench of Delhi High Court held that "the object of Section 155 (now Section 111) of the Companies Act, 1956, is to provide a remedy in non-controversial matters or in