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Superintendent and Legal Remembrancer, State of West Bengal Vs. Corpor ...

Court : Supreme Court of India

Subject : Civil

Acts : Calcutta Municipal Act, 1951 - Sections Sections 115, 167(2), 218, 218(1), 512, 537, 541, 541(1), 541(2) and 547A; ;Constitution of India - Articles 25, 32, 136, 226, 298, 300, 372 and 544; Calcutta Municipal Act, 1923 - Sections 385(1), 386(1), 421 and 488; Common Law; Constitutional Law; Interpretation Act; Crown Proceedings Act; City of Bombay Municipal Act, 1888 - Sections 212, 222(1), 265, 305, 489 and 491; Indian Limitation Act, 1877 - Sections 26 - Schedule - Articles 167 and 178; City of Madras Municipal Act, 1884 - Sections 341; Government of India Act, 1935 - Sections 110, 208(1) and 225(1); Indian Contract Act, 1872 - Sections - 74; Specific Relief Act - Sections 9; Indian Registration Act, 1908 - Sections 17(2) and 90; Indian Easements Act - Sections 2; The Crown Grant

Reported in : AIR1967SC997; 1967CriLJ950; [1967]2SCR170

bound unless the contrary is stated. Many Acts like the Code of Civil Procedure, 1908 and the Indian Contract Act 1872 make special provisions for the Government in respect of particular matters on the assumption that in respect of … in Schedule IV shall annually take out a licence before the prescribed date and pay the prescribed fee. Section 218 is in Ch. XIII. Under s. 541(1)(b) if any person exercises on or after the first day of

Bal Gangadhar Tilak Vs. Shri Shriniwas Pandit

Court : Mumbai

Subject : Family

Reported in : (1915)17BOMLR527

a valid exercise of the power.;A Court is precluded, both on general principles and by the Indian Evidence Act, 1872, Section 145, from treating the oral testimony of a witness as rebutted by statements in documents in evidence unless … Jenkins, in the case of Valubai Govind Kashinath I.L.R. (1889) 24 Bom 218 the decision being to the effect that among Brahmins in the Presidency … upon the transaction of the adoption itself, an attack in which the various grounds of rescission applicable to contracts in general were alluded to. Their Lordships hold that it is impossible to discover what it is that

W.R. Fink Vs. Buldeo Dass and ors.

Court : Kolkata

Subject : CivilLimitation

Reported in : (1899)ILR26Cal715

reference to Sections 201 and 218 of the Contract Act (IX of 1872), until he has paid the price to the principal and a demand … page 545 they say as follows: 'it was argued with much ingenuity that under Section 201 of the Contract Act the agency had terminated immediately on the sale of the goods by the business of the agency being … had terminated immediately on the sale of the goods by the business of the agency being completed. But Section 218 of the same statute provides that an agent is bound to pay to his principal all sums received

N.A. Radha and Others Vs. State of Andhra Pradesh and Others

Court : Andhra Pradesh

Subject : ContractLimitation

Acts : Andhra Pradesh Revenue Recovery Act, 1864 - Sections 52-A; Limitation (Amendment) Act, 1963 - Sections 18; Indian Contract Act, 1872 - Sections 25(3) and 59; Constitution of India - Articles 62, 137 and 226; Limitation Act, 1908 - Sections 19

Reported in : 2000(2)ALD560; 2000(2)ALT484

18-10-1988 constitutes an agreement in terms of Section 25(3) of the Contract Act.13. Section 25(3) of the Indian Contract Act, 1872 (for short 'the Contract Act') is in the following terms:'Section 25. Agreement without consideration void, unless it is

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 … 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

Shivram Govind Darshane Vs. Viswanath Govind Darshane

Court : Mumbai

Subject : Contract

Reported in : (1956)58BOMLR154

plaintiffs were not seeking to enforce the original contract which was illegal under Section 23 of the Indian Contract Act, 1872, but they were calling upon, the defendant to render an account for the amount received by him, for … Gajendragadkar, J.1. This revisional application raises a short and interesting question of law under Section 23 read with Section 218 of the Indian Contract Act. The unfortunate incidents that followed the assassination of Gandhiji are ultimately the basis

Mrs. Chandramani Dubey and anr. Vs. Rama Shankar Dubey and ors.

Court : Allahabad

Subject : FamilyProperty

Acts : Indian Christian Marriage Act, 1872 - Sections 5 and 88; Hindu Law; Transfer of Property Act, 1882 - Sections 122

Reported in : AIR1951All529

and, it is no longer disputed, he went through the ceremony of marriage under the Indian Christian Marriage Act (XV [15] of 1872) with Mrs. Chandramani Dubey, a Christian by religion. A son, Udai Shankar and a … does not terminate the marriage : vide In re Millard, 10 Mad. 218, Thapita Peter v. Thapita Lakshmi, 17 Mad. 235 (F. B.), (at page … consider then in this background is whether, in the case of a marriage in which one of the contracting parties is a Christian any ceremony or ceremonies, and, if so, what, are required to be performed. The … to it were not Hindus, but such a marriage is governed, under Section 3 (g), Oudh Laws Act, by the principles of justice, equity and

National Shipping Company of Saudi Arabia Vs. Sentrans Industries Limi ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9; Code of Civil Procedure (CPC) , 1908 - Order 38, Rule 5; Contract Act, 1872 - Sections 218

Reported in : AIR2004Bom136; 2004(1)ALLMR832; 2004(1)ARBLR409(Bom); III(2004)BC503; 2004(2)BomCR1; 2004(2)MhLj696

a case like this, when the claim of the appellant is based under Section 218 of the Indian Contract Act and there is counter claim by the respondent in the facts and circumstances of the case, it does

Adai Mehra Production Pvt. Ltd. Vs. Sumeet P. Mehra and Another

Court : Mumbai

Subject : Arbitration

the two are distinct and separate. The learned senior counsel placed reliance on Section 42 of the Indian Contract Act, 1872. Mr Amit Mehra is a director of the Petitioner makes no difference to the position in law and … Clause (2), of the Transfer of Property Act and the ruling in Subbaroya v. Rajagopala. AIR 1984 Bombay 218 (M/s Hiralal Prabhudas Vs. Ganesh Trading Co.) Para 21. 21. It was finally urged by Mr. Kale that

The Post Master General and Gangaram Vs. Chenmal Mayachand

Court : Mumbai

Subject : Civil

Reported in : (1941)43BOMLR758

is void under Section 6(f), of the Transfer of Property Act, 1882, and Section 23 of the Indian Contract Act, 1872.;The principle of waiver does not apply to a statutory prohibition based on public policy.;Graham v. Ingleby (1848) 1 … Court has inherent power to consider such an application.;Shamu Patter v. Abdul Kadir Ravuthan (1912) L.R. 39 I.A. 218, s.c. 14 Bom. L.R. 1034, Prem Chand v. Mulkh Raj [1939] A.I.R. Lah. 380, Secy. of State v.