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Mar 30 1983

Mahendrakumar Chandulal Vs. Central Bank of India

Court : Gujarat

Decided on : Mar-30-1983

Subject : Contract

Reported in : (1984)1GLR237

the bill of lading from liability for the negligence of its servants notwithstanding Section 151 of the Indian Contract Act, 1872. This is also a Division Bench judgment wherein on the point under consideration, it has been observed as … of a contract to the contrary it is expressly so stated (see Sections 163, 165, 170, 171 and 174) - leave no doubt in my mind that a bailee's liability cannot be reduced by contract below the

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Apr 27 1993

Branch Manager, State Bank of Hyderabad Vs. Gadiraju Rama Bhaskara Vis ...

Court : Andhra Pradesh

Decided on : Apr-27-1993

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 174; Indian Succession Act, 1925 - Sections 214, 214(1), 370 and 372; Administrator-General Act, 1913 - Sections 31 and 32; Succession Certificate Act, 1989

Reported in : AIR1993AP337; 1993(2)ALT274

from the date ofreceipt of this judgment. 6. Appeal dismissed. Contract - pledged articles - Section 174 of Contract Act, 1872 and Sections 370 and 214 of Succession Act, 1925 - suit filed by respondent for mandatory injunction to

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Nov 22 2007

Mohan Enterprises Rep. by Its Managing Partner Mr. Peetani Sambaiah Vs ...

Court : Andhra Pradesh

Decided on : Nov-22-2007

Subject : BankingContract

Acts : Indian Contract Act, 1872 - Sections 171, 173 and 174

Reported in : I(2008)BC476

to monetary transactions on the ground that such monetary transactions would not fall within the meaning of goods.13. Section 174 of the Indian Contract Act, 1872 reads as under:In the absence of a contract to that effect, the … the facts and circumstances of the present case, it cannot be said that Section 171 of the Indian Contract Act, 1872 would be attracted. Ultimately, the learned Counsel would conclude that this stand taken by the banking institution is

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May 09 1995

State Bank of India, Kanpur Vs. Deepak Malviya and Others

Court : Allahabad

Decided on : May-09-1995

Subject : Banking

Acts : Indian Contract Act, 1872 - Sections 142, 171, 172, 174 and 176; Evidence Act, 1872 - Sections 115

Reported in : AIR1996All165; [1998]91CompCas569(All)

the parties will bear their own costs.31. Appeal allowed. Banking - bailment - Sections 171 and 174 of Contract Act, 1872 and Section 115 of Evidence Act, 1872 - pledge is a form of bailment - banker's lien contemplated

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Apr 09 1999

K. Sita Vs. Corporation Bank, East Godavari District

Court : Andhra Pradesh

Decided on : Apr-09-1999

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 171, 173 and 174

Reported in : 1999(3)ALD377; 1999(3)ALT443

accordingly dismissed with costs. Advocate's fees: Rs.1,000/-. Contract - repayment of loan - Sections 171 and 174 of Contract Act, 1872 - petitioner took agricultural loan from respondent - petitioner repaid half and given some credit - another loan … loan the bank cannot have a general lien so as to cover the other debts in view of Section 174 of the Indian Contract Act (for short 'the Act'). In support of the said contention, strong reliance is

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Apr 16 2003

Masay and ors. Vs. the Bangalore City Corporation and ors.

Court : Karnataka

Decided on : Apr-16-2003

Subject : PropertyCivil

Acts : Karnataka Municipal Corporations Act, 1976 - Sections 174, 174(1) and 176(6); Contract Act, 1872 - Sections 23; Constitution of India - Article 226

Reported in : AIR2003Kant468; 2004(1)CTLJ132(Kar); 2003(4)KarLJ168

protection of the land from encroachments.19. Writ petition is accordingly allowed. Property - lease - Section 23 of Contract Act, 1872 and Section 174 of Karnataka Municipal Corporations Act, 1976 - land leased out to respondent club for purpose

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Aug 21 1946

The Official Assignee Vs. Madholal Sindhu

Court : Mumbai

Decided on : Aug-21-1946

Subject : Company

Reported in : AIR1947Bom217; (1946)48BOMLR828

res judicata against the plaintiff, and that no notice having been given under Section 176 of the Indian Contract Act, 1872, by defendant No. 2 to defendant No. 4 the sale by defendant No. 2 to defendant No. 3 … bailment commence with Section 148, and it is to be observed that in Sections 152, 163, 171 and 174 the power is given to contract out of the Act. In the former section the words are 'in

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Nov 22 1968

Tilokchand and Motichand and ors. Vs. H.B. Munshi and anr.

Court : Supreme Court of India

Decided on : Nov-22-1968

Subject : Limitation

Acts : Code of Civil Procedure (CPC), 1908 - Secrtion 80; Indian Contract Act - Sections 72; Constitution of India - Articles 32 and 226; Bombay Sales Tax Act, 1953 - Sections 12-A(4); Limitation Act, 1963

Reported in : AIR1970SC898; (1969)1SCC110; [1969]2SCR824; [1970]25STC289(SC)

under Art. 32 of the Constitution claiming refund of Rs. 26,563.50 P under s. 72 of the Indian Contract Act 1872. They alleged that they paid this sum to the Collector under coercion and/or mistake of law, and that … Tax Officer v. Kanhaiyalal(3) that money paid under a mistake of law comes within the word 'mistake' in section 72 of the Contract Act and there is no question of estopped when the mistake of law is … High Court the following grounds: (1) 16 S.T.C. 973. (2) 21 S.T.C. 174. 1. Inasmuch as the sum of Rs. 26,563.50 was paid by way

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May 10 1906

Auseri Lal Vs. Raja Maneshar Bakhsh

Court : Mumbai

Decided on : May-10-1906

Subject : PropertyContract

Reported in : (1906)8BOMLR491

one, and procured by the exercise of undue influence within the meaning of Section 16 of the Indian Contract Act, 1872, as amended by Section 2 of Act VI, of 1899.5. The first point depends on the construction and … There is no prohibition of a disqualified proprietor contracting debts or borrowing money, and it is contemplated in Section 174 that such a person may enter into contracts which, but for the provisions of that section, might result

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Aug 29 2011

Gtl Limited Vs. Ifci Ltd. and ors.

Court : Delhi

Decided on : Aug-29-2011

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Orders 39, 2 Rules 1, 2;Indian Contract Act, 1872 - Sections 176, 23

without notice on 03.08.2011 and 04.08.2011 respectively in violation of the mandatory provision of Section 176 of the Contract Act, 1872. Therefore, the entire action of the defendant is void ab initio being contrary to law. Thus, the entire … that was issued was sufficient. Section 176, Contract Act, unlike some other sections, e.g., Sections 163, 171 and 174 does not contain a saving clause in respect of special contracts contrary to its express terms. The section

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