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Flowmore (P.) Ltd., New Delhi Vs. U.P. State Industrial Development Co ...

Court : Allahabad

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 18, 18(1, 2 and 8) and 32; Indian Contract Act, 1872 - Sections 55, 56 and 62; Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972 - Sections 3(1); Companies Act, 1956 - Sections 2(46), 3(1), 194(1) and 481; Constitution of India - Article 226; Income Tax Act, 1961 - Sections 41, 41(1) and 48(1); Foreign Exchange Regulation Act, 1973; Urban Land (Ceiling and Regulation) Act, 1976

Reported in : 2000(1)AWC493

whether the arbitration clause falls within a contract which becomes impossible of performance under Section 56 of the Contract Act, 1872. The principles laid down therein per majority are these-'(1) an arbitration clause is a collateral term of a … Act, 1956, the same result may be achieved by amalgamation under the scheme sanctioned by the B.I.F.R. under Section 18 of the Sick Industrial Companies (Special Provisions) Act, 1985, which visualises for preparation and sanction of scheme for

State of Gondal Vs. Govindram Seksaria

Court : Mumbai

Subject : PropertyContract

Reported in : (1944)46BOMLR822

having regard to Section 55 of the Transfer of Property Act, 1882, and Section 69 of the Indian Contract Act, 1872, to which I will presently refer.12. The whole of the purchase price being paid, plaintiff No. 1 was … term does not prevent the transaction from being a contract between defendant No. 1 and plaintiff No. 1. Section 18 of the Specific Relief Act clearly shows that when a person with imperfect title agrees to sell property

N. Ethirajulu Naidu Vs. K.R. Chinnikrishnan Chettiar

Court : Chennai

Subject : ContractLimitation

Acts : Evidence Act, 1872 - Sections 18 and 101; Indian Contract Act, 1872 - Sections 25(3); Limitation Act, 1968 - Sections 18

Reported in : AIR1975Mad333

Section 26 of the Travancore Contract Act which corresponds, word for word, to Section 25 of the Indian Contract Act, 1872, and their Lordships observed as follows--"An account stated is no more than an agreement, and when the entire … ILR 33 Cal 1047, and Mukhilal v. Gul Muhammad, AIR 1933 Lah 209."The distinction between an acknowledgment under Section 18 of the Limitation Act 1983 and a promise within the meaning of Section 25(3) of the Contract Act

N.A. Radha and Others Vs. State of Andhra Pradesh and Others

Court : Andhra Pradesh

Subject : ContractLimitation

Acts : Andhra Pradesh Revenue Recovery Act, 1864 - Sections 52-A; Limitation (Amendment) Act, 1963 - Sections 18; Indian Contract Act, 1872 - Sections 25(3) and 59; Constitution of India - Articles 62, 137 and 226; Limitation Act, 1908 - Sections 19

Reported in : 2000(2)ALD560; 2000(2)ALT484

18-10-1988 constitutes an agreement in terms of Section 25(3) of the Contract Act.13. Section 25(3) of the Indian Contract Act, 1872 (for short 'the Contract Act') is in the following terms:'Section 25. Agreement without consideration void, unless it is

Modi Rubber Ltd. Vs. Guardian International Corp.

Court : Delhi

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 16 and 18; Companies Act, 1956 - Sections 82; Arbitration and Conciliation Act, 1996 - Sections 6, 6.1, 9, 11, 17, 18, 19 to 24, 25 and 36; Indian Contract Act, 1872 - Sections 27, 32, 39 and 56; Specific Relief Act, 1963 - Sections 10, 14, 14(1), 16, 21, 23, 41, 41(1) and 42; Arbitration Act, 1940 - Sections 18, 20 and 41; Code of Civil Procedure (CPC) , 1908 - Sections 148A - Order 38, Rule 5 - Order 39; LCIA Rules; Constitution of India - Articles 16 and 226

Reported in : 2007(2)ARBLR133(Delhi); 141(2007)DLT822

in the SHA. The respondent has not challenged Clause 14 of the SHA on any ground under the Contract Act also.79. The shareholders agreement between the parties in the instant case does not cast an absolute restriction on … as embodied in Sections 32 and 56 of the Indian Contract Act, 1872.We hold, thereforee, that the doctrine of frustration is really an aspect or … provisions of Section 17 which confers powers on the Arbitral Tribunal to make orders as interim measures and Section 18 of the statute which provides that the 'parties' shall be treated with equality and each 'party' shall be

Smt. Sita Devi Vs. the Bihar State Financial Corporation and ors.

Court : Patna

Subject : Commercial

Acts : Contract Act, 1872 - Sections 18(1)

To my mind the answer to this question is to be found in certain provisions of the Indian Contract Act, 1872. Section 18(1) of the Act defines 'misrepresentation' as follows: '18. (1) the positive assertion, in a manner not warranted

Kanshi Ram (Deceased) through his LR's. Vs. Delhi Development Authorit ...

Court : Delhi

Subject : Trusts and SocietiesProperty

Acts : Bombay Cooperative Societies Act, 1925 - Sections 53B; Contract Act, 1872 - Sections 18; Evidence Act - Sections 57(1); Code of Civil Procedure (CPC) - Sections 100; Hindu Law

Reported in : 147(2008)DLT472

Matched in: Parties Kanshi Ram (Deceased) through his LR's. Vs. Delhi Development Authority (18.01.2008 - DELHC)

Abdul Satar Jaji Ibrahim Vs. Shah Manilal Talakchand

Court : Gujarat

Subject : Property

Acts : Administration of Evacuee Property Act, 1950 - Sections 2, 40 and 46; Administration of Evacuee Property Ordinance, 1949 - Sections 23 and 38; Indian Contract Act, 1872 - Sections 11, 31 and 32; Specific Relief Act, 1877 - Sections 18, 21 and 22

Reported in : AIR1970Guj12

thereby, or (2) for an unlawful object or consideration within the meaning of Section 23 of the Indian Contract Act, 1872, or (3) to a person legally disqualified to be transferee. It would follow from this provision that if … apart from Section 16(3) of the Act, the plaintiff is entitled to claim performance of that contract under Section 18(a) of the Specific Relief Act, Section 18 runs thus:-'18. Where a person contracts to sell or let certain

M/S.Latif Estate Line India Ltd. Vs. Mrs. Hadeeja Ammal and ors.

Court : Chennai

Subject : Constitution

Acts : Constitution of India - Article 226; Registration Act - Sections 32-A, 17, 34, 22-A; Specific Relief Act, 1963 - Section 31; Tamil Nadu Bhoodan Yagna Act, 1958 - Section 3

Reported in : AIR2011Mad66(FB)

in a case of sale deed. In this context, we may refer to Section 62 of the Indian Contract Act, 1872 which provides that contract which need not be performed. By that provision, any novation, rescission and alteration of … with the registration of documents. Section 17 of the Act enumerates documents, which are to be compulsorily registered. Section 18 deals with documents of which registration is optional. In a nut shell, Section 17 inter alia provided that

Firm of Sarabhai Hathising and anr. Vs. Ratilal Nathalal and ors.

Court : Gujarat

Subject : Limitation

Acts : Limitation Act, 1908 - Sections 19 and 19(2); Contract Act, 1872 - Sections 25; Evidence Act; Partnership Act, 1932 - Sections 18 and 19

Reported in : AIR1979Guj110; (1979)0GLR484

Limitation - time barred suit - Sections 19 and 19 (2) of Limitation Act, 1908, Section 25 of Contract Act, 1872, Indian Evidence Act and Sections 18 and 19 of Partnership Act, 1932 - defendant challenged plaintiff suit for