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Nagnath Kaulwar and Sons Vs. Govindram Shyamsunder

Court : Mumbai

Subject : Contract

Acts : Contract Act, 1872 - Sections 73 and 226; Sale of Goods Act, 1930 - Sections 36 and 57

Reported in : AIR2004Bom271; 2004(4)ALLMR801; 2004(6)BomCR878

contentions of the learned counsel for the parties, it may be stated that Chapter 10 of the Indian Contract Act, 1872 deals with appointment and authority of agents. Section 182 defines 'agent' and 'principal'. An agent is a person … persons. The person for whom, such act is done, or who is so represented, is called the 'principal'. Section 226 contemplate that contracts entered into through an agent and obligations arising from acts done by an agent, may

Central Inland Water Transport Corporation Limited and anr. Vs. Brojo ...

Court : Supreme Court of India

Subject : Service

Acts : Companies Act, 1956 - Sections 617; Constitution of India - Articles 1, 4, 12, 13, 14, 15, 16, 17, 18, 19, 19(1), 23, 32, 36, 37, 38, 38(1), 39, 40, 41, 42, 47, 51, 51-A, 53(1), 68, 73, 131, 141, 152, 154, 154(1), 162, 226, 298, 308, 311, 311(2), 366, 367(1), 370 and 372; Indian Contract Act, 1872 - Sections 16(1), 16(2), 19, 19-A, 23 and 24; Code of Criminal Procedure (CrPC) , 1973 - Sections 19\7; Central Inland Water Transport Corporation Ltd. (Service, Discipline and Appeal) Rules, 1979 - Rules 9 and 11; Indian Penal Code (IPC), 1908 - Sections 21

Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC); [1986] 2 SCR 178; AIR 1986 SC 157; MANU/SC/0439/1986

2) Whether an unconscionable term in a contract of employment is void under Section 23 of the Indian Contract Act, 1872, as being opposed to public policy and, when such a term is contained in a contract of employment … of notice was enclosed. 13. Both Ganguly and Sengupta filed writ petitions in Calcutta High Court under Article 226 of the Constitution challenging the termination of their service as also the validity of the said Rule 9(i).

V. Sadasivan and 36 Others Vs. Binny Limited Represented by Its Chairm ...

Court : Chennai

Subject : Labour and industrial

Acts : Constitution of India, Articles 8, 12, 14, 21, 39, 41 and 226 -- Constitution of India -- Article 12 -- Rule 9(1) Indian Contract Act, 1872 -- Sections 23; Industrial Disputes Act, 1947 -- Sections 2, 12(3), 18(1), 25-F, 25-N, 25-O, 25J and 25II Companies Act, Sections 617; Indian Tourism Development Corporation (Conduct, Discipline and Appeal) Rules 1878 -- Rule 31 (v)

Reported in : 1998(1)CTC1; [1998(79)FLR97]

dearness allowance. Their Lordships of the Apex Court held that such a clause offends Section 23 of the Contract Act, 1872 as being opposed to public policy and, therefore, void besides being ultra vires of Article 14 and further … tike one having been struck down by the-Supreme Court justifies the invoking of the extraordinary jurisdiction under Article 226 of the Constitution of India. The violation of a statutory provision by any private body is also said

Union of India (Uoi) Owning Western Railway, Bombay Vs. Dayabhai Laxma ...

Court : Gujarat

Subject : Civil

Acts : Railways Act, 1890 - Sections 72; Railways (Amendment) Act, 1961; ;Contract Act, 1872 - Sections 151, 152, 161 and 226

Reported in : AIR1962Guj266

provisions of the Act, be that of a bailee under Sections 151, 152 and 161 Of the Indian Contract Act 1872 (9 of 1872).'Section 161 of the Contract Act reads as under 'If by the default of the bailee, … the law whereby persons who are not parties to the contract can sue upon the contract. For instance, Section 226 of the Contract Act provides that contracts entered into through an agent, and obligations arising from acts done

Blue Chrome Limited Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Civil

Acts : Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981 - Sections 25; Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Rules, 1982 - Rules 6, 8, 8(1), 8(2) and 16; Limitation Act, 1963 - Schedule - Article 70; Indian Contract Act, 1872 - Sections 172; Limitation Act, 1908 - Schedule - Article 145; Constitution of India - Article 226

Reported in : 2004IAD(Delhi)563; 2003(70)DRJ710

The transaction is, thereforee, in the nature of a 'pledge' as defined in section 172 of the Indian Contract Act, 1872. This is so because it amounts to a bailment of the said FDR as security for the due … would defeat equity? To put it differently, what is the period of limitation for an action under article 226 It is well settled that there is no period of limitation prescribed in respect of writ petitions under

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 … petitioners not being liable in the circumstances above is not susceptible to adjudication by this Court, under Article 226.(C) The respondent-Corporation addressed a letter dated 5-10-1988 to the petitioners informing that an amount of Rs.2,46,218.70 is due

Dr. P. Chattopadhyay Vs. the Institute of Cost and Works Accountants o ...

Court : Kolkata

Subject : ServiceConstitution

Acts : Cost and Works Accountants Act, 1959 - Sections 2, 3, 4, 4(1), 7(1), 7(2), 9, 12(2), 15, 15(1), 15(2), 16, 16(1), 17, 17(3), 20, 32(1), 39, 39(1), 39(2), 39(3), 39(4) and 47; ;Companies Act, 1956 - Sections 167 and 617; ;Constitution of India - Articles 12, 14, 16, 32, 36, 39, 41, 89, 188, 132, 133(1), 217(1), 226, 298, 308, 309, 311, 311(2) and 367; ;Contract Act, 1872 - Sections 16(1), 23 and 25; ;Industrial Employment (Standing Orders) Act, 1946; ;Air Corporation Act, 1853; ;Calcutta Port Act, 1890 - Sections 32 and 47; ;Societies Registration Act; ;Tamil Nadu Private Colleges (Regulation) Act, 1976; ;Government of India Act, 1935 - Section 240(3); ;Reserve Bank of India Act, 1934 - Section 58(1), 58(2) and 58(1)(2); ;General' Clauses Act, 1897 - Sections 14 to 16; ;Madras District Muni

Reported in : (1987)0CALLT179(HC)

and whether an unconsciable term in a contract of employment is void under Section 23 of the Indian Contract Act, 1872, as being opposed to public policy and when such a term is contained in a contract of employment … meaning of Article 12, ifft would be amenable to the writ jurisdiction of the High Court under Article 226 and it is now well established that an instrumentality or agency of the 'State' being in 'the State'

Y.K. Sethi Vs. Basf India Limited and ors.

Court : Delhi

Subject : Service

Acts : Indian Contract Act, 1872 - Sections 14, 19, 19A and 23; Constitution of India - Articles 12, 14 and 226; Limitation Act, 1963 - Schedule - Article 58; Companies Act, 1956 - Sections 617; Service, Discipline and Appeal Rules, 1979 - Rule 9(1)

Reported in : (2010)ILLJ493Del

Clause 8 of the appointment letter dated 11th July 1997 is void under Section 23 of the Indian Contract Act, 1872 and Article 14 of the Constitution of India. 3. After completion of pleadings, this Court by an order … of the Companies Act, 1956. A challenge was made in the said case in writ petitions under Article 226 of the Constitution of validity of Rule 9(1) of the Service, Discipline and Appeal Rules, 1979. Two questions

Ragjawa Narayan Mishra Vs. Chief Executive Officer, Bihar Rajya Khadi ...

Court : Patna

Subject : Service

Acts : Indian Contract Act, 1872 - Sections 11; Majority Act, 1875 - Sections 3; Bihar Service Code - Rule 73; Bihar Pension Rules, 1950 - Rule 57; Liberalised Pension Rules - Rules 4 and 5; Constitution of India - Article 226

contractual relationship. Who would be competent to contract? It has been provided in Section 11 of the Indian Contract Act, 1872, as to who is the competent to contract. Section 11 of the said Act reads herein as under: … if the total length of service is more than 40 years by invocation of the provision of Article 226 of the Constitution of India.2. This reference is the outcome and has been necessitated, as such, by virtue

Jodh Singh and ors. Vs. the Registrar, (Deputy Commissioner) and ors.

Court : Punjab and Haryana

Subject : ContractCivil

Acts : Registration Act, 1908 - Sections 68 and 75; Contract Act, 1872 - Sections 11; Constitution of India - Article 226

Reported in : (1999)121PLR29

the manner allowed and prescribed by law for the time being in force. Section 11 of the Indian Contract Act, 1872 lays down that every person is competent to contract who is of the age of majority according to … is held to be bad, then also it is not a fit case for exercising powers under Article 226 of the Constitution of India. It is contended that the order of the Registrar has done substantial justice