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Jugaldas Amritlal Vs. Harilal Talakchand and ors.

Court : Gujarat

Subject : Contract

Acts : Carriers Act, 1865 - Sections 6, 8 and 10; Contract Act, 1872 - Sections 151, 152 and 192; Railways Act, 1890 - Sections 16

Reported in : AIR1986Guj88

to take card of the goods so bailed to him as defined in S. 151 of the Indian Contract Act, 1872, and that a delivery of the goods to the carrier constituted a bailment within the meaning of the … no. 1 may call upon defendants 2 to 4 for reimbursement of damage caused on their account under Section 192 - not possible to give relief to defendant no. 1 even though it proved that defendants 2 to

Commissioner of Income Tax and anr. Vs. P. Surendra Prabhu

Court : Karnataka

Subject : Direct Taxation

Acts : Contract Act, 1872; ;Income Tax Act, 1961 - Sections 2(24), 10, 10(10C), 14, 15, 16, 17, 17(1), 17(3), 57, 89, 89(1), 119, 192, 192(2A), 194, 201(1), 201(1A), 260A and 245C; Indian Income Tax Act, 1922 - Sections 7, 7(1) and 17; Industrial Disputes Act - Sections 2 and 25F; Finance Act, 1987; Central, State or Provincial Act; University Grants Commission Act, 1956 - Sections 3; Institutes of Technology Act, 1961 - Sections 3; Income Tax Rules - Rules 2BA, 21A, 21A(1) and 21AA; Service Law

Reported in : (2005)198CTR(Kar)209; ILR2005KAR5906; [2005]279ITR402(KAR); [2005]279ITR402(Karn)

also permissible in law.'The Court has further stated :'Once it is held that the provisions of the Indian Contract Act, 1872, would be applicable, the scheme admittedly being contractual in nature, the provisions of the Act shall apply. The … and determination are :'I. Whether the Tribunal was correct in holding that the respondent was exercising powers under Section 192(2A) of the Act and once Form No. 10E is filed by the employees he has merely to compute

Nav Bharat Corporation Vs. Madhya Pradesh Electricity Board

Court : Madhya Pradesh

Subject : Trusts and Societies

Acts : Major Port Trust Act, 1963 - Sections 61 and 62; Indian Electricity Supply Act, 1948 - Sections 5 and 12; Limitation Act, 1963 - Schedule - Article 55; Contract Act, 1872 - Sections 73, 191 and 192; Code of Civil Procedure (CPC) , 1908 - Sections 20 - Order 6, Rule 14

Reported in : 2006(2)MPHT72; 2006(2)MPLJ306

CPC and has jurisdiction to deal with matter Contract - Sub-agent - Section 191 and 192 of Indian Contract Act, 1872 - Whether appellant liable to pay damages suffered due to some failure on part of sub-agent appointed by

Dadi Bhogalingam Vs. Indo Commercial Bank Ltd. and anr.

Court : Andhra Pradesh

Subject : BankingContract

Acts : Indian Contract Act, 1872 - Sections 191 and 192

Reported in : AIR1961AP346

has no merits and is, therefore, dismissed with costs. Contract - Banking - Sections 191 and 192 of Contract Act, 1872 - issue whether defendant 2 is sub agent of defendant 1 or substituted agent of plaintiff for purpose … disappearing from the scene'.We accord our respectful assent to the above enunciation of law. Under the provisions of Section 192 of the Indian Contract Act the sub-agent being responsible for his acts to the agent and the agent

Mahendrakumar Chandulal Vs. Central Bank of India

Court : Gujarat

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 … whether according to the law of India the bank in Panama could contract out of its liability under Section 192 of the Contract Act, and has answered it in the affirmative. While doing so, the Division Bench has

K. Ramachandra Rao and ors. Vs. State of A.P. Rep. by Public Prosecuto ...

Court : Andhra Pradesh

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 7, 9, 138, 139, 142 and 143 to 147; Powers of Attorney Act, 1882 - Sections 2; Contract Act, 1872 - Sections 183; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 5, 39, 142, 190, 190(1) 190(2) 192, 195 to 199, 200, 313 and 313(1); Evidence Act, 1872 - Sections 60; Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002; General Clauses Act; Indian Penal Code (IPC) - Sections 202, 497 and 498

Reported in : 2005(2)ALT607; III(2005)BC111; 2005(2)CTC417; [2005(3)JCR390(AP)]

hearing before one of us (C.Y. Somayajulu, J.), since Powers of Attorney Act, 1882, and Section 183 of Contract Act, 1872, recognizing the principle QUI FACIT PER ALIUM FACIT PER SE were not considered while rendering the said decision, … the complaint; or(b) If the Magistrate makes over the case for inquiry or trial to another Magistrate under Section 192 : Provided further that if the Magistrate makes over the case to another Magistrate under Section 192 after

Dr. Anil K. Khandelwal and 14 ors. Vs. Shri Maksud Saiyed and anr.

Court : Gujarat

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 156(3), 195, 197, 199, 340 and 482; Indian Penal Code (IPC) - Sections 107, 120A, 120B, 175, 177, 181, 191, 196, 199, 192, 200, 209, 405, 409, 415, 420, 425, 463, 464, 468, 470, 471, 499 and 500; Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 - Sections 3(2B); Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13(2) and 13(4); RDB Act, 1993; Indian Contract Act, 1872 - Sections 17; Companies Act, 1956 - Sections 5, 63 and 68; Constitution of India - Articles 226 and 227; Documentary Credit Rules; Banking Companies (Acquisition and Transfer of Undertaking) (Amendment) Act, 20003; Criminal Law

Reported in : 2006CriLJ3180; (2006)3GLR2043

and the accused persons, it also amounts to fraud of the Bank under Section 17 of the Indian Contract Act, 1872. He has, therefore, submitted that the criminal complaint has been lodged by the complainant and the investigation is … the Court of Chief Judicial Magistrate, Vadodara, for the offences punishable under Sections 107, 120-B, 177, 181, 191, 192, 200, 209, 405, 409, 415, 420, 425, 463, 464, 468, 470, 471, 499 and 500 of the Indian

Food Corporation of India Vs. Prem Chand Jain

Court : Delhi

Subject : Land Acquisition

any time before its acceptance. For this conclusion, learned trial court relied on Section 5 of the Indian Contract Act 1872, which states as follows:5. Revocation of Proposals and acceptance A proposal may be revoked at any time before … 928.as well as an earlier decision of the Judicial Committee in (Kanwar) Chiranjit Singh v. Har Swarup, AIR 192.P C (1), have been referred to. It also referred to the decision of the Supreme Court in Shree

Pratap Chandra Parida Vs. State of Orissa and Others

Court : Orissa

Subject : Land Acquisition

the word ‘forfeiture’ and also forfeiture of the “earnest money”. with reference to the provisions of the Indian Contract Act, 1872. It is held that the forfeiture is permissible only when a concluded contract has come into being and … and others, AIR 197.Madhya Pradesh 131, wherein the Division Bench of Madhya Pradesh High Court while dealing with Section 5 of the Contract Act, 1872 held that a person is entitled to withdraw his proposals before its … rendered by the Privy Council in Chiranjit Singh v. Har Swarup, AIR 192.PC 1.has held that the forfeiture of the earnest money deposit for non-compliance

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 … of the creditor, does not discharge the surety.Phillipps v. Solomon 42 Gre. 192 (quoted by Brandt op. cit para 168). But if the contract under … 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