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Firm Thakur Das Marakhan Lal Vs. Mathura Prasad and ors.

Court : Allahabad

Subject : Civil

Acts : Contract Act, 1872 - Sections 179

Reported in : AIR1958All66

force, the appeal must fail. Itis dismissed with costs. Contract - right of Sub-pledgee - Section 179 of Contract Act, 1872 - claim of superior right by sub-pledgee - after re-payment of debt by pledgor pledgee's right is extinguished

Ramchandra Lalbhai Vs. Chinubhai Lalbhai

Court : Mumbai

Subject : PropertyFamily

Reported in : (1943)45BOMLR1075

No. 1 by defendant is revocable as it is not coupled with interest; Section 202 of the Indian Contract Act, 1872.13. V.F. Taraporevala. Chinubhai Lalbhai & Bros., Ltd., was formed as a device to get capital and deposits for … required in the case of contracts for specific performance than in those for damages : see Fry, p. 179; Halsbury, Vol. XXXI, p. 348; Kemble v. Kean (1829) 58 E.R. 619, and Cooper v. Hood (1858) 53

Dr. M.i. Itty Vs. Kerala Financial Corporation,

Court : Kerala

Subject : BankingCompany

Acts : Companies Act, 1956 - Section 529A; ;Kerala Revenue Recovery Act, 1968 - Sections 7 and 34; ;Indian Contract Act, 1872 - Sections 2, 128, 134, 140 and 141; ;Kerala Agriculturists Debt Relief Act, 1958; ;Madras Agriculturists' Relief Act, 1938; ;Insolvency Act - Section 45; ;Sick Textile Undertakings (Nationalisation) Act, 1974 - Sections 5 and 29; ;Companies (Court) Rules, 1959 - Rules 164 and 179

a guarantor, cannot be held liable. Reliance was placed on Sections 128, 134 and 141 of the Indian Contract Act, 1872 in support of the said contention. The learned Counsel for the appellant also referred to and relied on … found at the rate of four per cent in accordance with Rule 179, and the Corporation is not entitled to get interest in excess of … giving credit to the amount received from the Official Liquidator. The Corporation thereafter issued Ext.P6 demand notices under Sections 7 and 34 of the Kerala Revenue Recovery Act, 1968 demanding payment of the sum of Rs. 33,45,780.20

Hindustan Dorr Oliver Ltd. Vs. A.K. Menon and ors.

Court : Mumbai

Subject : Commercial

Acts : Sale of Goods Act, 1930 - Sections 2(7), 2(9) and 27; Indian Contract Act, 1872 - Sections 172, 176, 177, 178 and 179; Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992

Reported in : [1994]80CompCas384(Bom)

(9) and 27 of Sale of Goods Act, 1930, Sections 172, 176, 177, 178 and 179 of Indian Contract Act, 1872 and Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 - whether four lakh units … not at the time of the pledge notice that the pawn or has no authority to pledge. 15. Section 179 of the Indian Contract Act provides that where a person pledges goods in which he has only a

Haneefa Vs. Pathanamthitta Municipality

Court : Kerala

Subject : Commercial

Acts : Indian Contract Act, 1872 - Sections 172, 176, 178 and 179; Kerala Municipality (Execution of Public Works and Purchase of Materials) Rules, 1997 - Rules 5(1), 10(2), 10(12), 10(14), 14 and 14(11); Constitution of India - Article 226

Reported in : 2008(1)CTLJ287(Ker)

AIR 1918 Calcutta 947. That is a case under Section 172 read with Section 176 of the Indian Contract Act, 1872. Therein the court held as follows:Government securities which are not specifically mentioned in Section 178 of Contract Act, … there is no pledge. The concept of pledge is statutorily incorporated and dealt with in Sections 172 and 179 of the Indian Contract Act. The concept of pledge under the Act essentially is that there is transfer

Anand Construction Works Vs. the State of Bihar

Court : Kolkata

Subject : Contract

Acts : Contract Act, 1872 - Sections 55 and 74

Reported in : AIR1973Cal550

PC 179, where the Judicial Committee of the Privy Council at page 180 observed:'The effect of Section 74 Contract Act, 1872 is to disentitle the plaintiffs to recover simpliciter the sum of Rs. 10,000/- whether penalty or liquidated damages.

In Re Interplay Between Arbitration Agreements Under The Arbitration A ...

Court : Supreme Court of India

Subject : Arbitration

of three statutes - the Arbitration and Conciliation Act 19961, the Indian Stamp Act 18992, and the Indian Contract Act 1872.3 The Stamp Act imposes duty on “instruments”. An instrument which is unstamped or insufficiently stamped is inadmissible in … D M Lew, ‘Achieving the Dream: Autonomous Arbitration’ (2006) 22(2) Arbitration International 179, 183. 42 PART E legal systems, with the growth of arbitral institutions … The procedure under the Stamp Act ............................................................................................ 27 b. The difference between inadmissibility and voidness .................................................................. 32 c. Section 35 of the Stamp Act renders a document inadmissible and not void .............................. 34 iii. The purpose of

Siddhivinayak Realties Pvt. Ltd. Vs. V. Hotels Limited and Others

Court : Mumbai

Subject : Arbitration

in default could not and did not arise. It is submitted that under Section 39 of the Indian Contract Act, 1872, there must be not only categorical refusal to perform by the promisor of his promise in entering but … pay. As was said in Sweet and Maxwell Ltd. vs. Universal News Services Ltd. 1964 QBD 699 (CA) 179 "their view might have been a wrong one, but that does not justify it being treated as a

Mobarik Ali Ahmed Vs. the State of Bombay

Court : Supreme Court of India

Subject : Criminal

Acts : Extradition Act, 1870 - Sections 3(2); Fugitive Offenders Act, 1881 - Sections 8; Indian Penal Code (IPC), 1860 - Sections 2, 3, 4, 4(2), 34, 108-A, 177, 203, 212, 216, 216-A, 236, 415 and 420; Code of Criminal Procedure (CrPC) , 1898 - Sections 5(1) and 179; Evidence Act - Sections 16, 45, 47 and 88

Reported in : AIR1957SC857; (1959)61BOMLR58; 1957CriLJ1346; [1958]1SCR328

other, followed up by direct contacts between the appellant and the complainant through telephone, telegrams and letters, a contract was brought about for purchase, by the complainant from the appellant, of 1,200 tons of rice at the … had not been returned from the Dead Letter Office. Illustration (b) to s. 16 of the Indian Evidence Act, 1872, is relied on for the purpose and it is urged that a combination of the two facts is … the court to try him for the alleged offence relying on s. 179 of the Code of Criminal Procedure which provides as follows : 'When … contents, or of the signature, by one of the modes provided in Sections 45 and 47 of the Indian Evidence Act. It may also be

Ram Lal Rajaram Vs. G.D. Mehrotra and Co. and ors.

Court : Allahabad

Subject : PropertyCivil

Acts : Constitution of India - Article 226; Companies Act, 1913 - Sections 179; Companies (Amendment) Act, 1956 - Sections 457

Reported in : AIR1958All447

power of review either under the provisions of the Indian Companies Act or otherwise. (2) That a ''completed contract' for the execution of the lease in favour of the respondent had come into existence between the liquidators … it cannot be quashed under Article 226 of the Constitution therefore appears to be well founded. 19. Under Section 179 of the Indian Companies Act, 1913, official liquidators have the power to carry on the business of the