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Raghunath Gopal Daftardar Vs. Sau, Vijaya Raghunath Daftardar

Court : Mumbai

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 12(1) and 12(2); Indian Contract Act, 1872 - Sections 17

Reported in : AIR1972Bom132; (1971)73BOMLR840; ILR1972Bom511; 1972MhLJ110

consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872. Now, fraud is defined in Section 17 of the Indian Contract Act, 1872, which runs thus :- ' … marriage is a sacrament and not a civil contract. My attention is also drawn to the provisions of Section 19 of the Indian Divorce Act, 1869. That section, so far as it is relevant here, reads thus :-'Nothing

Binny Mill Labour Welfare House Building Co-operative Society Limited ...

Court : Karnataka

Subject : Contract

Acts : Karnataka Co-operative Societies Act, 1959 - Sections 125; Specific Relief Act, 1963 - Sections 31; Mysore Co-operative Societies Act, 1959 - Sections 18; Indian Contract Act, 1872 - Sections 2, 19, 23 and 24 to 30; Indian Registration Act, 1908 - Sections 47, 48 and 49; Transfer of Property Act, 1882 - Sections 54; Companies Act

Reported in : ILR2008KAR2245; 2009(2)KarLJ291; 200(3)KCCR1692; 2008(5)AIRKarR120; AIR2008NOC2774

clear distinction between the legal terms such as valid, invalid, void and voidable.20. Section 2 of the Indian Contract Act, 1872, states that in what sense the aforesaid expressions are used in the Act. Section 2(h) states that an … it ceases to be enforceable. Chapter II of the Act deals with contracts, voidable contracts and void agreements. Section 19 of the Act provides that, when consent to an agreement is caused by coercion, fraud, misrepresentation or undue

Tata Teleservices (Maharashtra) Ltd Vs. Union of India

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Subject : Land Acquisition

the respondent, which has already been extracted ` supra, satisfies the requirements of Section 4 of the Indian Contract Act 1872. Section 4 reads as under:  “4. Communication when complete- The communication of an acceptance is complete...as against the acceptor, … be ascertained which trees fell within that description. Till this was ascertained, they were not “ascertained goods” within Section 19 of the Sale of Goods Act. Clause 5 of the contract contemplated that stumps of trees, after cutting

The Board of Trustees of the Port of Bombay and ors. Vs. M/S Sriyanesh ...

Court : Supreme Court of India

Subject : Commercial

Acts : Major Port Trusts Act, 1963 - Sections 2, 42, 43, 47, 48, 49, 59, 61, 68, 70, 71, 126 and 131; Indian Contract Act, 1872 - Sections 45, 151, 152, 161 and 171; Constitution of India - Articles 14, 19, 226, 265 and 300A; Arbitration and Conciliation Act, 1996; Indian Railways Act, 1890; Bills of Lading Act, 1856

Reported in : AIR1999SC2947; 1999(3)CTC91; 2000(69)ECC7; 1999(112)ELT373(SC); JT1999(5)SC172; 1999(4)SCALE318; (1999)7SCC359; [1999]3SCR1238; 1999(2)LC1472(SC)

Board of Trustees of the Port of Bombay have been advised that under Section 171 of the Indian Contract Act, 1872, they have a general lien which they can exercise on the goods which came into their custody of … whether the appellant - Board of Trustees of the Port Trust constituted under the Major Port Trusts Act, 1963 (for short 'the MPT Act') have a general lien for their dues over the present or future consignments

Commissioner of Income-tax Vs. K.A. Sundaram and Co.

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 185; Kerala Abkari Act; Kerala Rectified Spirit Rules, 1972 - Rule 19; Indian Contract Act, 1872 - Sections 23

Reported in : [1998]230ITR686(Ker)

licence in the name of one of the partners would be hit by Section 23 of the Indian Contract Act, 1872. According to the assessee, even if the licence can be issued only in the name of an individual, … arises out of the order passed by the Income-tax Appellate Tribunal, Cochin Bench, in I.T.A. No. 146/Coch of 1993. The relevant assessment year is 1990-91. The following questions are raised for the opinion of this court :'1.

Commissioner of Income-tax Vs. Grand Enterprises

Court : Kerala

Subject : Direct Taxation

Acts : Abkari Act; Abkari Rules; Kerala Abkari Act - Sections 24 and 56; Foreign Liquor Rules - Rule 19; Indian Contract Act, 1872 - Sections 22 and 28; Income Tax Act

Reported in : [1999]235ITR594(Ker)

no legal bar under Section 23 of the Contract Act, cannot be sustained. Section 23 of the Indian Contract Act, 1872, states that the consideration or object of an agreement is lawful, unless it is forbidden by law ; … firm is a registered firm with the Income-tax Department. But their continuance of registration for the assessment years 1983-84, 1986-87 and 1990-91 was refused by the Assessing Officer on the ground that the bar licence was in

Vasantha Viswanthan and ors. Vs. V.K. Elayalwar and ors.

Court : Supreme Court of India

Subject : Commercial

Acts : Motor Vehicles Act, 1939 - Sections 31; Tamil Nadu Motor Vehicles (Amendment) Act, 1971 - Sections 48A; Indian Contract Act, 1872 - Sections 23 and 24; Transfer of Property Act - Sections 52; Tamil Nadu Motor Vehicles Rules - Rule 199; Sale of Goods Act, 1930 - Sections 19 and 58; Specific Relief Act, 1877 - Sections 19; Indian Trusts Act, 1882 - Sections 91

Reported in : AIR2001SC3367; 2001(3)ARBLR110(SC); 2001(49)BLJR2289; JT2001(6)SC622; 2001(5)SCALE483; (2001)8SCC133

permits at a price to be ascertained was unlawful within the meaning of Section 23 of the Indian Contract Act, 1872 and accordingly it would be void in view of the provisions of Section 24 of the Indian Contract … Regional Transport Authority in view of the provisions of Section 31 of the Motor Vehicles Act, 1939 and Section 19 of the Sale of Goods Act, 1930, which lays down that if there is a contract for sale

Yanala Malleshwari and ors. Vs. Ananthula Sayamma and ors.

Court : Andhra Pradesh

Subject : Property

Acts : Indian Registration Act, 1908 - Sections 17 to 22, 17(1), 17(2), 23A, 32, 32A, 34, 35, 49, 58, 59, 60, 60(2), 61, 61(2), 69, 71, 72 and 77; Transfer of Property Act, 1882 - Sections 4, 5 to 34, 38 to 53A, 54 to 57, 59, 107, 123 and 126; Specific Relief Act, 1963 - Sections 13, 15, 17, 21, 31, 31(2), 33, 34 and 49; Indian Contract Act, 1872 - Sections 13, 14, 15, 16, 17, 18, 19, 20, 23, 25, 29 and 65; Evidence Act - Sections 73; Indian Stamp Act, 1899 - Sections 35; Specific Relief Act, 1877 - Sections 18, 34, 39 and 41; Indian Registration Act, 1866; Indian Registration Act, 1871; Indian Registration Act, 1877; Registration and Other Related Laws (Amendment) Act, 2001; West Bengal Land Reforms Act, 1955 - Sections 4B; Andhra Pradesh Stamp (Amendment) Act, 1922; General Clau

Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)

civil right to the buyer, if such sale is in accordance with entrenched common law principles. The Indian Contract Act, 1872, Specific Relief Act and Transfer of Property Act, essentially deal with, among others - the contract of sale. … the ambit of registration law and if a document does not fall under any of the categories in Sections 17 and 18 of the Registration Act, the registering officer is bound to refuse to admit the document … V.V.S. Rao, J.PART - IINTRODUCTION:1. Almost a century old Registration Act, 1908, which came into force on 01.01.1909, after about fifteen amendments, has now

Mohan Lal Ahuja and ors. Vs. Tarun Chandra

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 269U; Indian Contract Act, 1872 - Sections 56 and 73; Specific Relief Act, 1963 - Sections 19, 20 and 21

Reported in : 157(2009)DLT216

providing for the amount of compensation to be guided by the principles specified in Section 73 of the Contract Act, 1872, which should be the date of the breach. The relevant provisions are as under:Section 21 of the Specific … Relief Act and the Contract Act and the legal position vis-a-vis England is somewhat different. No doubt, under Section 19 of the Specific Relief Act, 1963, the compensation/damages is intended to place the plaintiffs in the same position

Dinesh B. Chokshi and Others Vs. Rahul Vasudeo Bhatt and Others

Court : Mumbai

Subject : MRTP

to a written promise to pay the said debt within the meaning of Section 25(3) of the Indian Contract Act, 1872? (ii) If it amounts to such a promise, does such a promise, by itself, create any legally enforceable … void under the Contract Act. Section 20 of the Contract Act incorporates a category of void agreements. Sections 19 and 19A provide for categories of agreements which are voidable. Section 23 provides that if the consideration or