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Saleh Abraham Vs. Manekji Cowasji
Kolkata
Jan-31-1923
Property
AIR1924Cal57,75Ind.Cas.521
in the Transfer of Property Act, 1882, the Presidency Small Cause Courts Act, 1882, or in the Indian Contract Act, 1872, no order or decree for the recovery of possession of any premises shall be made so long as … the case of Rekhab Chand Doogar v. J.R. D'Cruz A.I.R. 1923 Cal. 223, my learned brother Mr. Justice Buckland in his judgment at page 502 … one ground.11. It was said in the first place that the plaintiff was a 'landlord' as denned by Section 2, Clause (c)of the Calcutta Bent Act 1920 and reliance was placed upon the words 'any person for
Tag this Judgment! AI Brief & AskBishal Chand JaIn Vs. Chattur Sen and ors.
Allahabad
Sep-20-1966
ConstitutionContract
Constitution of India - Articles 216, 217, 219 and 223; Contract Act, 1872 - Sections 73, 128 and 134
AIR1967All506; (1968)IILLJ708All
on fresh appointment - held, Court properly constituted. (ii) Contract - breach of contract - Section 73 of Contract Act, 1872 - act of bank employee contrary to special instruction - resultant loss to bank - lower Court held … this Court would be performed by Hon'ble Nasirullah Beg, J., the senior most Judge of this Court. Article 223 of the Constitution reads as follows:'When the office of Chief Justice of a High Court is vacant or
Tag this Judgment! AI Brief & AskAdduru Dasaradarami Reddy Vs. Indian Bank, Madras-body Corporate and O ...
Andhra Pradesh
Oct-05-1999
LimitationBanking
Limitation Act, 1963 - Schedule - Article 62; Code of Civil Procedure (CPC), 1908 - Sections 86, 87-B, 107, 220, 223, 230, 258 and 295 - Order 21, Rule 50 - Order 30, Rules 1 and 4; Usurious Loans Act, 1918; Banking Regulations Act, 1949 - Sections 21-A; Indian Partnership Act, 1932 - Sections 4; Indian Contract Act, 1872 - Sections 45
1999(6)ALD668; 1999(6)ALT103
Rule 4 of the Civil Procedure Code provides that notwithstanding anything contained in Section 45 of the Indian Contract Act, 1872, two or more persons may sue or be sued in the name of a firm under the foregoing … and 295 of the Code of Civil Procedure, although they will not be so under Sections 220 and 223 of the Code.'15. The Full Bench referred to the observations in Hari Tara PrasannaMukherji, ILR 11 Cal. 718,
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Shaw Wallace and Co. Ltd. and India Steamship Co. Ltd. Vs. the Union o ...
Chennai
Oct-20-2004
Commercial
Sale of Goods Act, 1930 - Sections 2(4); Indian Contract Act, 1872 - Sections 186 to 189, 222, 223 and 230
2005(1)CTLJ420(Mad); (2004)4MLJ599
the plaintiff.21. The learned counsel appearing for the appellants by taking us through Section 230 of the Indian Contract Act, 1872 ( in short 'the Act') and various decisions would contend that in any event the first defendant, being … contracts on behalf of principal, as rightly pointed out, the said provision is subject to Sections 222 and 223 of the Act. On going through those statutory provisions and the materials placed, we are satisfied that both
Tag this Judgment! AI Brief & AskJivatlal Purtapshi Vs. Lalbhai Fulchand Shah
Mumbai
Mar-24-1942
ContractCivil
AIR1942Bom251; (1942)44BOMLR495
us, though it is of interest in one respect, because the effect of Section 49 of the Indian Contract Act, 1872, was discussed in relation to the common law rule that a debtor must seek out his creditor anywhere … was held by the High Court of Madras in Roman Chettiyar v. Gopalachari (1908) I. L.R. 31 Mad. 223 which was followed by Mr. Justice Lort-Williams in Srilal Singhania v. Anant Lal Mandal [1940] 1 Cal. 323
Tag this Judgment! AI Brief & AskV. Govindappa Since Deceased by L.Rs. and Others Vs. Karnataka State F ...
Karnataka
Aug-05-2011
Land Acquisition
their liability to the Corporation at that particular time”. 16. Sections 126, 128, 129 and 130 of the Contract Act, 1872, being relevant, read as follows: “126. ‘Contract of guarantee’, ‘surety’, principal debtor ‘and’ creditor,- A ‘contract of guarantee’ … A.N. VENUGOPALA GOWDA, J. 1. A petition filed by the 1st respondent under Sections 31(1)(aa) and 32 of the Karnataka State Financial Corporation Act, 1951 (‘the Act’ for short) against the appellants
Tag this Judgment! AI Brief & AskIn the Matter of - Maheshwary Ispat Limited and Another
Kolkata
Oct-12-2012
Land Acquisition
434(1)(a) of the Companies Act and without reference to the cardinal principle recognised in Section 128 of the Contract Act, 1872. Section 434 (1)(a) of the Companies Act, in its material part, provides for the legal fiction of the company’s … Act, 1986, what was originally contained in Section 130(iv) of the English Act of 1908 and continued in Section 223(d) of the English Act of 1948, was split into two as reflected in paragraph 394 of Halsbury’s Laws
Tag this Judgment! AI Brief & AskNhai vs.m/s. Hindustan Construction Co. Ltd
Delhi
Sep-11-2017
Land Acquisition
by a court, would be a compensatory event. (viii) Applying Sections 23, 53 and 54 of the Indian Contract Act, 1872, it was held that the stipulation, in Item 18 of the Contract Data, to the effect that the … for 255 days, the EOT approved by the NHAI was only for 223 days limiting it to the date of completion of work. The Engineer … 24th January 2017, of the learned Single Judge in OMP2602015, which had been preferred by the appellant, under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”), challenging Award, dated 29th
Tag this Judgment! AI Brief & AskMr Pathan Imrankhan Zafarullakhan & Anr. vs Microsoft Corporation
Delhi
May-29-2026
Arbitration
statutes, rules, notification, etc. since long, and is also a part of common law. Section 23 of the Contract Act, 1872 uses the expression by stating that the consideration or object of an agreement is lawful, unless, inter alia, … IN THE HIGH COURT OF DELHI AT NEW DELHI% Judgment reserved on: 13.05.2026Judgment pronounced on: 29.05.2026+ O.M.P. (COMM) 223/2026, I.A. 12470/2026 (Stay) & I.A. MR PATHAN IMRANKHAN ZAFARULLAKHAN & ANR. .....Petitioners Through: Ms. Anju Agrawal, Ms. Manisha
Tag this Judgment! AI Brief & AskSiddhivinayak Realties Pvt. Ltd. Vs. V. Hotels Limited and Others
Mumbai
May-10-2013
Arbitration
in default could not and did not arise. It is submitted that under Section 39 of the Indian Contract Act, 1872, there must be not only categorical refusal to perform by the promisor of his promise in entering but … Frost v Knight (1872) LR Ex Ch I I I at 112-113 (1861-73) ALL ER Rep 221 at 223-224 put the matter thus : The law with reference to a contract to be performed at a future
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