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Ashok Mahansing Bajaj H.U.F. Vs. Elegant Pharmaceuticals Ltd. and Othe ...
Mumbai
Feb-14-2000
SICA
Code of Civil Procedure (CPC), 1908 - Order 37, Rules 2 and 3; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(2), 15, 16 and 22; Indian Contract Act, 1872 - Sections 17, 18, 25, 126, 127, 128, 140 and 141; Negotiable Instruments Act, 1881 - Sections 37; Industrial (Development and Regulations) Act, 1951; Companies Act, 1956
2000(2)ALLMR242; 2000(3)BomCR169; (2000)1BOMLR968; 2000(2)MhLj855
said bill of exchange as principal debtors. 'Contract of guarantee' is defined under section 126 of the Indian Contract Act, 1872 and so also 'surety', 'principal debtor' and 'creditor' are defined in the said section. Section 126 of the … suit filed by the plaintiff for claim against the defendants jointly and severally has to be stayed under section 22 of S.I.C.A., 1985, since the 1st defendant is a sick company. It is also stated that so far
Tag this Judgment! AI Brief & AskM/S. Asia Today Ltd. and ors. Vs. M/S. Mudra Communication Ltd. and an ...
Mumbai
Feb-13-2001
SICA
Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 22; Indian Contract Act, 1872 - Sections 126 and 230; Code of Civil Procedure (CPC), 1908 - Order 37
2001(4)ALLMR111; (2001)3BOMLR273
liable together with Second Defendant for meeting the dues of the First Plaintiff. Under Section 126 of the Contract Act, 1872 a contract of guarantee is a contract to perform the promise, or discharge the liability of a third … against the Second Defendant are stated to be pending before the B.I.F.R. Having regard to the provisions of Section 22 of the Act. hearing of the Summons for Judgment as against the Second Defendant shall have to be
Tag this Judgment! AI Brief & AskThe Talmakiwadi Co-operative Housing Society Ltd. Vs. the Divisional J ...
Mumbai
Nov-09-1999
Trusts and Societies
Maharashtra Co-operative Societies Act, 1960 - Sections 2(16), 4, 9, 13, 14, 17, 22(1), 23(1), 36, 72 and 166(2); Maharashtra Co-operative Societies Rules, 1961 - Rules 10 and 13(1); Constitution of India - Article 19(1); Co-operative Society Act, 1925; Indian Contract Act, 1872; Societies Registration Act, 1860; Bombay Co-operative Societies Act, 1925; Transfer of Property Act, 1882 - Sections 10; Andhra Pradesh Co-operative Societies Act, 1964; Hindi Sahitya Sammelan Act, 1962
1999(1)ALLMR389; 1999(1)BomCR393
it has been provided that: (a) a person who is competent to enter into contract under the Indian Contract Act, 1872 would be eligible to become a member subject to his fulfilling certain requirements; (b) a minor or a … earlier correspondence and pointing out that the wording of bye-law No. 7 was 'contradictory to the provisions of section 22(1) of M.C.S. Act, 1960'. The Registrar observed that it was necessary and in the interest of the society
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
M/S.Latif Estate Line India Ltd. Vs. Mrs. Hadeeja Ammal and ors.
Chennai
Feb-11-2011
Constitution
Constitution of India - Article 226; Registration Act - Sections 32-A, 17, 34, 22-A; Specific Relief Act, 1963 - Section 31; Tamil Nadu Bhoodan Yagna Act, 1958 - Section 3
AIR2011Mad66(FB)
in a case of sale deed. In this context, we may refer to Section 62 of the Indian Contract Act, 1872 which provides that contract which need not be performed. By that provision, any novation, rescission and alteration of … Challenging registration of a unilaterally executed cancellation of a sale deed, a writ petition is maintainable under Article 226 of the Constitution of India. ii) A cancellation of a sale deed executed by mutual consent by all
Tag this Judgment! AI Brief & AskSughra Bee Vs. Kareez Fatima Qureshi
Andhra Pradesh
Mar-05-2004
Contract
Contract Act, 1872 - Sections 29; Specific Relief Act, 1963 - Sections 15
2004(3)ALD821; 2004(3)ALT704
sold and is not such a document hit by uncertainty as contemplated by Section 29 of the Indian Contract Act, 1872 ?2. Whether Ex.A-1 is hit by Section 29 of the Indian Contract Act 1872 inasmuch as it does … land after acquisition of the property as per master plan and she executed an agreement of sale dated 22-5-1986 and received token earnest money of Rs. 101/-. The said payment had been acknowledged by the defendant in
Tag this Judgment! AI Brief & AskYanala Malleshwari and ors. Vs. Ananthula Sayamma and ors.
Andhra Pradesh
Oct-24-2006
Property
Indian Registration Act, 1908 - Sections 17 to 22, 17(1), 17(2), 23A, 32, 32A, 34, 35, 49, 58, 59, 60, 60(2), 61, 61(2), 69, 71, 72 and 77; Transfer of Property Act, 1882 - Sections 4, 5 to 34, 38 to 53A, 54 to 57, 59, 107, 123 and 126; Specific Relief Act, 1963 - Sections 13, 15, 17, 21, 31, 31(2), 33, 34 and 49; Indian Contract Act, 1872 - Sections 13, 14, 15, 16, 17, 18, 19, 20, 23, 25, 29 and 65; Evidence Act - Sections 73; Indian Stamp Act, 1899 - Sections 35; Specific Relief Act, 1877 - Sections 18, 34, 39 and 41; Indian Registration Act, 1866; Indian Registration Act, 1871; Indian Registration Act, 1877; Registration and Other Related Laws (Amendment) Act, 2001; West Bengal Land Reforms Act, 1955 - Sections 4B; Andhra Pradesh Stamp (Amendment) Act, 1922; General Clau
2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)
civil right to the buyer, if such sale is in accordance with entrenched common law principles. The Indian Contract Act, 1872, Specific Relief Act and Transfer of Property Act, essentially deal with, among others - the contract of sale. … the ambit of registration law and if a document does not fall under any of the categories in Sections 17 and 18 of the Registration Act, the registering officer is bound to refuse to admit the document … private law cannot be redressed in a public law remedy under Article 226 of Constitution of India. In all other writ petitions, the facts and
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, … and particularly the rate of interest mentioned in the promissory note at Exh. 71, and the letter dated 22-1-71 at Exh. 72, in relation to the rate of interest, while viewed in the light of the provisions
Tag this Judgment! AI Brief & AskMrs. Bhawna Seth Vs. Dlf Universal Limited and anr.
Delhi
Feb-19-2007
Property
Code of Civil Procedure (CPC) - Sections 15 to 19 and 20 - Order 2, Rule 2; Contract Act, 1872 - Sections 28; Specific Relief Act, 1963 - Sections 22, 22(1) and 22(2)
AIR2007Delhi189; 138(2007)DLT639; 2007(94)DRJ710
the exclusion of the other court or courts. Such agreement is not hit by Section 28 of the Contract Act, 1872, nor such a contract can be said to be against public policy. It is legal, valid and enforceable. … Uttam International v. Jogender Pal Singh : 78(1999)DLT254 it was held while discussing the scope and ambit of Section 22 of the Specific Relief Act, 1963 (hereinafter referred to as the SR Act) that where a decree for
Tag this Judgment! AI Brief & AskSales Tax Officer, Banaras and ors. Vs. Kanhaiya Lal Mukundlal Saraf Overruled
Supreme Court of India
Sep-23-1958
Sales Tax
Contract Act, 1872 - Sections 11, 20, 21, 22, 32, 56, 72 and 72 - A
AIR1959SC135; [1959]1SCR1350; [1958]9STC747(SC)
concerned, they must look primarily to the law as embodied in sections 32 and 56 of the Indian Contract Act, 1872. ' and proceeded to observe :'It would be incorrect to say that section 56 of the Contract Act … if the argument based on inconsistency with Section 21 were valid, a similar argument based on inconsistency with Section 22 would be valid and would lead to the conclusion that Section 72 does not even apply to mistake
Tag this Judgment! AI Brief & AskE. Bhagwan Das Vs. Dilip Kumar and Others
Andhra Pradesh
Mar-12-1998
Contract
Specific Relief Act, 1963 - Sections 10, 20, 21, 22 and 23; Indian Contract Act, 1872 - Sections 73; Limitation Act, 1963 - Article 113
1998(2)ALD816; 1998(2)ALT803
for specific performance, the Court shall be guided by the principles specified in Section 73 of the Indian Contract Act, 1872. Section 73 of the Contract Act deals with compensation for loss or damage caused by breach of contract. Section … taken note of Further, Court has got power to order refund of earnest money and other reliefs under Section 22 of the Specific Relief Act; while Section 23 says that liquidation of damages is not a bar for
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