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Rama Shankar Singh and anr. Vs. Mst. Shyamlata Devi and ors.

Court : Supreme Court of India

Subject : TenancyCivil

Acts : Indian Contract Act, 1872 - Sections 43; Bihar Tenancy Act, 1885 - Sections 67(1), 184 and 193 - Schedule - Article 2

Reported in : AIR1970SC716; 1970(0)BLJR556; [1969]2SCR360

on default of payment of rent for two consecutive years. Having regard to sec. 43 of the Indian Contract Act, 1872 defendants 1 and 2 were jointly and severally liable to pay the rent. It was not disputed before … of rent in respect of forest produce and having regard to sec. 193 of the Bihar Tenancy Act is governed by Article 2(b)(i) of the … in respect of rent for 1356 and 1357 Faslis was barred by limitation, and (3) in view of Section 67 of the Bihar Tenancy Act the plaintiffs could claim interest at the rate of 6 1/4% per

Lahari Recording Company Private Limited, Bangalore Vs. Sourabh Market ...

Court : Karnataka

Subject : CommercialIntellectual Property Rights

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9 and 151 - Order 7, Rule 11; Copy Right Act, 1957 - Sections 1 to 6, 9 to 12, 13 to 21, 13(1 and 7), 19-A, 19-A(2), 22 to 29, 30 to 32-B, 33 to 36-A, 37 to 39-A, 44 to 50-A, 51 to 53-A, 53-A(3), 54 to 62, 71 to 73, 72(2) and 74 to 79; Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 - Sections 10, 14 to 16 and 30; Indian Copyright Act, 1914; Copyright Act, 1911; Code of Criminal Procedure (CrPC) , 1973 - Sections 345 and 346; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Indian Contract Act, 1872

Reported in : ILR2000KAR5057; 2001(4)KarLJ78

words, these agreements are nothing but the lawful contracts within the meaning of Section 10 of the Indian Contract Act, 1872, and, therefore, in essence, the plaintiffs suit against defendant is instituted for enforcement of the contractual rights and … 1973, and all proceedings before it shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 of the Indian Penal Code. Since the Board is declared to be a Civil Court 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 … respect of the matters specified in the copy of the plaint attached hereto.(SD.) C. Latimer Political Secretary.Simla,July 28, 1939.The intended plaint is attached to the certificate, being in the precise form, except for the number of the

Prudential Capital Markets Ltd., Calcutta Vs. State of A.P. and Others

Court : Andhra Pradesh

Subject : ConsumerConstitution

Acts : Constitution of India - Articles 226 and 227; Consumer Protection Act, 1986 - Sections 2(1), 3, 12 and 27(1); Indian Companies Act, 1956 - Sections 10-E and 58-A; Reserve Bank of India Act - Sections 45-Q and 45-QA; Negotiable Instruments Act, 1881 - Sections 138; CLB Regulations, 1991 - Regulation 21; Code of Civil Procedure (CPC), 1908 - Sections - 9; Indian Penal Code (IPC), 1860 - Sections - 193, 195, 196 and 228; Banking Laws (Miscellaneous Provisions) Act, 1963; Arbitration Act, 1940 - Sections - 34; Indian Contract Act, 1872 - Sections - 9;

Reported in : 2000(5)ALD418; 2000(5)ALT468; [2002]108CompCas441(AP)

the contention is not well founded. Parliament is aware of the provisions of the Arbitration Act and the Contract Act, 1872 and the consequential remedy available under Section 9 of the Code of Civil Procedure i.e., to avail of … (RBI). The business of the petitioner is governed by the provisions of the Reserve Bank of India Act, 1934 (hereafter called, the RBI Act). In 1997 the RBI Act was amended andSection 45-QA in Chapter IIIB was

M.S. Madhusoodhanan and anr. Vs. Kerala Kaumudi Pvt. Ltd. and ors.

Court : Supreme Court of India

Subject : Company

Acts : Companies Act, 1913 - Sections 2(13), 81, 81(1), 81(2) and 284; Companies Act, 1956 - Sections 31(1), 108, 155, 159, 161(2), 164, 189(2), 193, 193(1), 194, 195, 397, 398, 402, 403 and 446; Sale of Goods Act, 1930 - Sections 2(10), 4, 9, 8(2), 9(1) and 9(2); Contract Act, 1872 - Sections 29; Specific Relief Act, 1963 - Sections 10, 16, 20 and 20(2); Specific Relief Act, 1877 - Sections 12; Arbitration Act, 1940; Evidence Act - Sections 16 and 114; Uttar Pradesh Sales Tax Act - Sections 28B and 265; Citizenship Rules - Rules 3, 59 and 60; Citizenship Act, 1955 - Sections 18; Stamps Act

Reported in : 2003(6)ALD1(SC); [2003]117CompCas19(SC); (2003)4CompLJ185(SC); 2003(6)SCALE191; (2004)9SCC204; [2003]46SCL695(SC)

party is capable of being made certain and is not invalid as provided under Section 29 of the Contract Act, 1872 [See: Illustration (e)]. In view of such categoric and clear statutory provisions, the submission of learned counsel representing … under Section 194 of the Companies Act, 1956, minutes of meetings kept in accordance with the provisions of Section 193 shall be evidence of the proceedings recorded therein and, unless the contrary is proved, it shall be presumed

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 :- ' … to the authors on Hindu Law, Derret in his Introduction to Modern Hindu Law, 1963 Edition, at page 193, says thus :-'If in fact the marriage would have been agreed to even had the facts been known,

Subhash Chand Aggarwal (Deceased) Thr His Lrs vs.yashveer Singh & ...

Court : Delhi

Subject : Land Acquisition

well settled that General Power of Attorney executed for a consideration is irrevocable under Section 202 of the Contract Act, 1872 and such a power of attorney cannot be revoked even upon the death of the executant. Section 202 … authority, nor it is terminated by his insanity or death.” (Emphasis supplied) 14.15. In Hardeep Kaur v. Kailash, 193 (2012) DLT168 this Court examined the law with respect to the validity of General Power of Attorney under

Archit Krishna Vs. National Law University and anr.

Court : Delhi

Subject : Education

that A is the correct answer to the above-referred question, the petitioners rely upon Section 70 of Indian Contract Act, 1872 and illustration (a) to the aforesaid Section which reads as under:70. Obligation of person enjoying benefit of nongratuitous … the answer-key are correct answers.3. The challenge in present writ petition is confined to Question Nos. 56, 75, 193 and 197. As far as challenge to the answer to Question No.56 is concerned, a perusal of the

Punj Lloyd Ltd. Vs. Hindustan Petroleum Corporation Ltd.

Court : Mumbai

Subject : Arbitration

the request of the petitioner for extension of time. Reliance is placed on Section 70 of the Indian Contract Act 1872 and it is submitted that the learned arbitrator ought to have allowed the said claim on the principles … has tendered four letters which his client wrote to the architects. In the first letter of June 7, 1938, he drew the attention of the architects to certain defects in the sanitary works and he called upon

Sri Bayyanna Bhimayya and ors. Vs. Government of Andhra

Court : Andhra Pradesh

Subject : Sales Tax

Acts : Sales of Goods Act - Sections 2(4), 6(3), 7 and 11; Sales Tax Act - Sections 2; Forward Contracts (Regulation) Act, 1952 - Sections 2

Reported in : [1957]8STC167(AP)

goods can pass. That was also the law under the repealed provisions in Chapter VII of the Indian Contract Act, 1872.Section 77 of the Contract Act defined 'sale' as follows :''Sale' is the exchange of property for a … (India) Ltd. (1953 4 S.T.C. 133) and Sales Tax Officer v. Budh Prakash Jai Prakash (1954 5 S.T.C. 193). Lastly it was contended that sales tax could only be levied on a turnover represented by sale of