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Pingle Venkat Rama Reddy Vs. Padampat Singhania

Court : Mumbai

Subject : Company

Acts : Companies Act, 1913 - Sections 33 and 105C; Contract Act, 1872 - Sections 214 and 215; Code of Civil Procedure (CPC) , 1908 - Order 40 - Rule 1

Reported in : AIR1950Bom76

- registration of shares - Sections 33 and 105C of Companies Act, 1913, Sections 214 and 215 of Contract Act, 1872 and Order 40 Rule 1 of Code of Civil Procedure, 1908 - appellant (director of company) transferred shares … are when there is a new issue of shares is to be determined by a true interpretation of Section 105-C, Companies Act. This is a new section which has been introduced into our Act, and there is

Sinclair Freight and Chartering Consultants Pvt. Ltd. Vs. Fiel Traders

Court : Kolkata

Subject : Commercial

Acts : Contract Act, 1872 - Sections 211, 212 and 214; ;Air Act, 1972

Reported in : AIR1987Cal201,1988(15)ECC207

having suffered on account of negligence of agent--Justified--Indian Contract Act (9 of 1872), Sections 211, 212, 214.--Carriage by Air Act (69 of 1972), Section 3(1); … he must make it good to his principal, and, if any profit accrues, he must account for it. Section 214 of the Contract Act enjoins on the agent a duty to communicate with his principal It is the … that the air way-bill was not approved by the respondent. An agent is, under Section 211 of the Contract Act, bound to conduct the business of his principal according to directions given by the principal, or, in the

Ritu Sengupta and Vs. Municipal Corporation of Delhi

Court : Delhi

Subject : Property

Acts : Delhi Municipal Corporation Act, 1957 - Sections 14, 109, 114, 114A, 114C, 114D, 114E, 116A to E, 116F, 116G, 116G(2), 123, 123B, 123B(3), 123B(9), 123C, 126, 152, 164, 214, 243, 244 and 244(1-A); Delhi Municipal Corporation (Amendment) Act, 2003; Contract Act, 1872 - Sections 72; Income Tax Act, 1961; Interest Act, 1978; Code of Civil Procedure (CPC) , 1908 - Sections 34

Reported in : 152(2008)DLT68; 2008(106)DRJ54

express statutory provision, I am not examining common law rights, right to restitution under Section 72 of the Contract Act, 1872 or under the Doctrine of unjust-enrichment. To be fair to the petitioners these contentions were not raised by … interest on refund except as provided by the statute. The interest on excess amount of advance tax under Section 214 is not paid from the date of payment of the tax. Nor is it paid till the date

Branch Manager, State Bank of Hyderabad Vs. Gadiraju Rama Bhaskara Vis ...

Court : Andhra Pradesh

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 174; Indian Succession Act, 1925 - Sections 214, 214(1), 370 and 372; Administrator-General Act, 1913 - Sections 31 and 32; Succession Certificate Act, 1989

Reported in : AIR1993AP337; 1993(2)ALT274

from the date ofreceipt of this judgment. 6. Appeal dismissed. Contract - pledged articles - Section 174 of Contract Act, 1872 and Sections 370 and 214 of Succession Act, 1925 - suit filed by respondent for mandatory injunction to

income-tax Officer Vs. Elys Chemicals Lab. (P.) Ltd.

Court : Mumbai

Subject : Direct Taxation

Reported in : [1986]17ITD325(Mum)

that payments are accepted though not as advance tax payments. Because sections 59 to 61 of the Indian Contract Act, 1872, lays down that when the payment is made with certain conditions and directions, the payments would be appropriated … the case and in law, the learned Commissioner (Appeals) erred in directing the ITO to allow interest under section 214 to the assessee on the excess amount of advance tax paid as per law, ignoring the fact that

M/s Sri Vasan Minerals Vs M/S. Totale Global Pvt.ltd.,

Court : Chennai

written or oral contract. Consequently, he contended that the suit is maintainable under Section 70 of the Indian Contract Act, 1872 (the Contract Act). With regard to a claim under Section 70 of the Contract Act, he relied on … judgment of the Hon’ble Supreme Court in Vaishno Enterprises v. Hamilton Medical AG and Another, (2024) 12 SCC 214.12. The third contention was that the supplies were not bona fide,stocks were dumped on the defendant and that

Commissioner of Customs and Central Excise Vs. Hongo India (P) Ltd. an ...

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 35, 35(1), 35B, 35B(5), 35C, 35C(1), 35EE, 35EE(1), 35EE(2), 35G, 35G(2), 35H and 35H(1); Limitation Act, 1963 - Sections 3, 4 to 24, 29, 29(2) and 29(3); Indian Contract Act, 1872 - Sections 25; Arbitration and Conciliation Act, 1996 - Sections 34; Arbitration Act, 1940 - Sections 16 and 30; Land Acquisition Act, 1894 - Sections 26 and 54; Kerala Private Forests (Vesting and Assignment) Act, 1971; Code of Civil Procedure (CPC) , 1908 - Sections 110 - Orders 21 and 45; Constitution of India - Articles 214 and 215; ;

Reported in : (2009)223CTR(SC)225; 2009(236)ELT417(SC); [2009]315ITR449(SC); JT2009(7)SC83; 2009(4)SCALE374; [2009]21STT90; 2009(3)LC1555(SC); (2009)24VST298(SC); 2009(5)SCC791;

the application within such period.29. Savings.- (1) Nothing in this Act shall affect Section 25 of the Indian Contract Act, 1872 (9 of 1872).(2) Where any special or local law prescribes for any suit, appeal or application a period … the other party for making reference to the High Court, the legislative intent has to be respected.12. Article 214 of the Constitution of India makes it clear that there shall be a High Court for each State

Kamarbai and ors. Vs. Badrinarayan and anr.

Court : Mumbai

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 6; Indian Contract Act, 1872 - Sections 2 and 23; Specific Relief Act, 1963 - Sections 27, 27(2), 28, 31 and 34; Trusts Act, 1882 - Sections 84; Criminal Law

Reported in : AIR1977Bom228; (1976)78BOMLR579; 1977MhLJ115

the sale-deed is for an unlawful object or consideration within the meaning of Section 23 of the Indian Contract Act, 1872, the sale would be void.79. The effect of these sections on transfers tainted by sexual immorality was considered … property. Patkar J. gave the following reasons for hisconclusions at page 355 (of Bom LR) t (at pp. 214, 215 of AIR):'Past cohabitation would foe consideration for an agreement under Section 2(d) of the Indian Contract Act

Phoenix Mills Ltd. Vs. M.H. Dinshaw and Co.

Court : Mumbai

Subject : Contract

Reported in : AIR1946Bom469; (1946)48BOMLR313

with the performance of those obligations on the part of the defendants under Section 63 of the Indian Contract Act, 1872; and finally they also base their defence on an estoppel operating against the plaintiffs.2. The incidents of a … and precisely defined by Mr. Justice Hamilton in Biddell Brothers v. E. Clemens Horst Company [1911] 1 K.B. 214. He defines these incidents as follows (p. 220):A seller under a contract of sale containing such terms has

Ponnuswamy Vs. V. Santhammal and ors.

Court : Chennai

Subject : PropertyFamily

Reported in : (1998)2MLJ332

rule with regard to writings is that oral proof cannot be substituted for the written evidence of any contract which the parties have put into writing. And the reason is that the writing is tacitly considered by … words of Lord Cairns in the leading case of Shaw v. Faster, 1872 L.R. 5 H.L. 321, although it is a well-established rule of equity … of the promissory note. According to him, the suit is not maintainable, without a succession certificate obtained under Section 214(l) of the Indian Succession Act. It was further contended by the defendant that he borrowed from one Kandaswami