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Dai-ichi Karkaria Private Ltd., Bombay Vs. Oil and Natural Gas Commiss ...
Mumbai
Jan-29-1991
CommercialCustoms
Specific Relief Act, 1963 - Sections 38; Code of Civil Procedure (CPC), 1908 - Sections 94 and 151 - Order 6, Rule 4 and Order 39, Rules 1 and 2; Indian Contract Act, 1872 - Sections 15 and 17; Companies Act, 1956; Customs Act, 1962 - Sections 25; Indian Penal Code (IPC), 1860
AIR1992Bom309; 1991(4)BomCR631; (1991)93BOMLR183
defendant No. I did not say a word. On this aspect, theExplanation to Section 17 of the Indian Contract Act, 1872 is of considerable significance. The said Explanation reads as under:--'Explanation silence as to facts likely to affect the … is a statutory Corporation constituted under the provisions of the Oil and Natural Gas Commission Act, 1959. The 2nd defendant is a nationalised Bank.2. The plaintiff supplies Pour Point Depressant (PPD)/ Flow Improver to defendantNo. 1, which,
Tag this Judgment! AI Brief & AskAndritz Oy, Rep. Through Power of Attorney Agent, Mr. Siraj Ahmad Vs. ...
Chennai
Jun-05-2007
ArbitrationCompany
Arbitration and Conciliation Act, 1996 - Sections 2, 2(1), 7, 7(1), 7(2), 7(3), 7(4), 7(5), 8, 11(6), 16, 16(1), 44 to 52, 53 and 54 - Schedule - Article 11(2) and 11(3); Companies Act, 1956 - Sections 2(35), 3, 3(1), 26, 28, 31, 36, 39, 40, 79 and 82; Transfer of Property Act; Arbitration Act, 1940 - Sections 7, 8(2) and 47(1); Contract Act, 1872 - Sections 2, 19, 19A, 20, 23 to 30, 35, 36 and 56; Code of Civil Procedure (CPC) , 1908 - Order 6, Rules 2 and 4 - Order 7, Rule 14(1); United Nations Commission on International Trade Law, 1985; United Nations Commission on International Trade Law Conciliation Rules, 1980; Arbitration of the International Chamber of Commerce Rules
2007(3)ARBLR545(Madras)
would perish along with the main contract, we may have to take recourse to the provisions of the Contract Act, 1872.38. The Contract Act, 1872, among other things, deals with--(1) valid and enforceable contracts; (2) voidable contracts; (3) contracts … V. Ramasubramanian, J.1. This is an application taken out by the first defendant in the suit, under Section 45 of the Arbitration and Conciliation Act, 1996, seeking to refer the parties to the present suit CS
Tag this Judgment! AI Brief & AskMohar Singh Vs. Deen Dayal Gupta
Delhi
Oct-11-1996
Commercial
Code of Civil Procedure (CPC), 1908 - Order 40; Indian Contract Act, 1872 - Sections 23; Delhi Rent Control Act, 1958 - Sections 14(1); Transfer of Property Act, 1882 - Sections 108; Evidence Act, 1872 - Sections 91
1996VAD(Delhi)704; 65(1997)DLT1; 2003(39)DRJ760
the of Section '14, he shall be punishable with fine which may extend to one thousands rupees. xxxxxxxxxxxxx Contract Act, 1872 23. What consideration and objects are lawful, and what not The consideration or object of an agreement is … R.C. Lahoti, J. (1) Plaintiffs have come up in appeal feeling aggrieved by an order dated 22.3.96 passed by. a learned Single Judge of this Court whereby the plaintiff's application (IA 3862/95) under Order 39
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Mohd. Abdul Hakeem (Died) Per Lrs. Vs. Naiyaz Ahmed and ors.
Andhra Pradesh
Feb-24-2004
Contract
Contract Act, 1872 - Sections 2; Specific Relief Act, 1963 - Sections 15
AIR2004AP299; 2004(3)ALD501; 2004(3)ALT585; 2005(1)CTLJ97(AP)
document a suit for specific performance cannot be maintained. Attention was drawn to several provisions of the Indian Contract Act, 1872 in this regard. Reliance also was placed on certain decisions to substantiate his contentions.2. On the contrary, Sri … had pointed out that on 8-1-2003 this Court admitted the second appeal on the following grounds:1. Whether under Section 2(d)(e) of the Contract Act, an agreement which is not signed by the vendee, but only signed by
Tag this Judgment! AI Brief & AskT.A. Choudhary Vs. State of A.P. and ors.
Andhra Pradesh
May-01-2003
Arbitration
Arbitration Act, 1940 - Sections 30; Contract Act, 1872 - Sections 23, 54, 55, 59 and 73
2004(3)ALD357
country question of delay in performance of contract is governed by Sections 55 and 56 of the Indian Contract Act, 1872. If there is an abnormal rise in prices of material and labour, it may frustrate the contract and … roads on either side of the overbridge of Nidubrole in lieu of level crossing No. 267 of Vijayawada-Gudur Section in Guntur District.4. Agreement was entered on 27-11-1978 between the parties and the time for completion of the … side of the overbridge of Nidubrole in lieu of level crossing No. 267 of Vijayawada-Gudur Section in Guntur District.4. Agreement was entered on 27-11-1978 between
Tag this Judgment! AI Brief & AskNational Textile Corporation (Gujarat) Ltd. Vs. State Bank of India an ...
Supreme Court of India
Aug-08-2006
SICA
Industries (Development and Regulation) Act, 1951 - Sections 18(1); Sick Textile Undertakings (Nationalization) Act, 1974 - Sections 2, 2(1), 3, 3(7), 4, 5, 5(2), 5(3), 8, 17, 20, 21, 22, 27, 27(1) and 29; Sick Textile Undertakings (Taking Over of Management) Act, 1972; Indian Contract Act, 1872 - Sections 59, 60, 61, 128 and 134; Bihar Money Lending (Regulation of Transactions) Act, 1939 - Sections 2; Income Tax Act, 1961; Payment of Gratuity Act; Bombay Relief Undertaking (Special Provision) Act, 1958 - Sections 4(1)
AIR2006SC2927; [2006]134CompCas164(SC); (2006)6CompLJ448(SC); JT2006(7)SC285; 2006(7)SCALE627
same had nothing to do with the adjustment of accounts in terms of the provisions of the Indian Contract Act, 1872. Section 59 of the Indian Contract Act provides for application of payment where debt to be discharged is indicated. … the parties, we may notice some of the relevant provisions of the Act.Appointed day' had been defined in Section 2(1) of the Act to mean the '1st day of April, 1974.The term 'owner' has been defined in Section
Tag this Judgment! AI Brief & AskAbdul Satar Jaji Ibrahim Vs. Shah Manilal Talakchand
Gujarat
Aug-31-1968
Property
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
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
Tag this Judgment! AI Brief & AskM/S. Raptakos Brett and Co. Ltd. Vs. Ganesh Property
Supreme Court of India
Sep-08-1998
Tenancy
Partnership Act, 1932 - Sections 56, 57, 58, 59 and 69(2); Transfer of Property Act - Sections 4, 5(1), 108, 111 and 116; Code of Civil Procedure (CPC) - Sections 80 - Order 7 Rules 11 and 13 - Order 23 Rule 1 - Order 40 Rule 1; Indian Arbitration Act, 1940 - Sections 8(2); Karnataka Cinemas (Regulation) Act - Rule 6; Indian Railways Act - Sections 77; Indian Contract Act, 1972; Indian Contract Act, 1872 - Sections 1; Companies Act, 1913 - Sections 171; Limitation Act, 1963
1998VIIAD(SC)37; AIR1998SC3085; (1999)1CALLT22(SC); 1999(1)CTC175; JT1998(6)SC289; 1998(5)SCALE195; (1998)7SCC184; [1998]Supp1SCR485
Indian Contract Act, 1972. Our attention, in this connection, also was invited to Section 1 of the Indian Contract Act, 1872 which provides that :'nothing herein contained shall affect the provisions of any Statute, Act or Regulation not hereby … on the averments in the plaint, the suit can be said to have been barred Under Section 69 Sub-section (2) of the Partnership Act as that is the only bar which is relied upon by the learned senior
Tag this Judgment! AI Brief & AskShivam Construction Co. and ors. Vs. Vijaya Bank, Ahmedabad and ors.
Gujarat
Oct-11-1995
ContractLimitation
Indian Limitation Act, 1963 - Schedule - Articles 1 and 18; Partnership Act, 1932 - Sections 18, 19, 19(2) and 26; Indian Contract Act, 1872 - Sections 171; Evidence Act, 1872 - Sections 114; Code of Civil Procedure (CPC), 1908 - Sections 96; Bankers' Books Evidence Act, 1891 - Sections 4; Banking Regulation Act, 1949 - Sections 21, 21(2), 22 and 35A
AIR1997Guj24; (1997)1GLR774
at this stage appropriate to have a close look into the provisions of Section 171 of the Indian Contract Act, 1872. Section 171 of the said Act reads as under:'171. General lien of bankers, factors wharfingers, attorneys and policy-brokers. --Bankeres, … recorded in Summary Civil Suit No. 712 of 1984 by the City Civil Court Judge, at Ahmedabad on 29th April, 1994, decreeing the suit of the respondent No. 1 Vijaya Bank for a sum of Rupees 5,66,368/-
Tag this Judgment! AI Brief & AskJry Investments Private Limited Vs. Deccan Leafine Services Ltd. and o ...
Mumbai
Mar-11-2003
Company
Companies Act, 1956 - Sections 108; Depositories Act, 1996 - Sections 10 and 12; Contract Act, 1872 - Sections 148 and 172; Securities and Exchange Board of India (Depositories and Participants) Regulations, 1996 - Regulation 58; Securities and Exchange Board of India (Depositories and Participants) Act, 1996 - Sections 58(2)
[2004]121CompCas12(Bom); [2004]56SCL339(Bom)
It is, therefore, clear that such shares cannot be pledged in accordance with the provisions of the Indian Contract Act, 1872, which requires delivery of the goods pledged. Section 172 of the Contract Act reads as follows :'172. 'Pledge', … shares of ETC Network Ltd. lying to the credit to the demat account of defendants Nos. 1 to 21 and 35 maintained with defendants Nos. 22 to 33 and 34, belong to the plaintiff. The plaintiffs also
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