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Apr 26 2007

Tirumani Venkata Narasamma and anr. Vs. Vodugu Mahalakshmi

Court : Andhra Pradesh

Decided on : Apr-26-2007

Subject : PropertyContract

Acts : Indian Contract Act, 1872 - Sections 2, 23 and 65; Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977 - Sections 3

Reported in : 2007(5)ALD285; 2007(6)ALT796

the appellate Court. The Counsel also would submit that in the light of Section 65 of the Indian Contract Act, 1872, even if the transaction to be treated as void, the opposite party is bound to compensate the same … when both the parties to the contract are equally guilty and the doctrine of Impais-delicto and relevant principles, Section 23 of Indian Contract Act ?7. For the purpose of convenience, the parties hereinafter would be referred to as

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Aug 31 1951

Ramchandra Laxman and ors. Vs. the Bank of Kolhapur

Court : Mumbai

Decided on : Aug-31-1951

Subject : ContractProperty

Acts : Registration Act, 1908 - Sections 17; Evidence Act, 1872 - Sections 91; Indian Contract Act, 1872 - Sections 23, 171 and 176; Code of Criminal Procedure (CrPC) , 1898 - Sections 253; Code of Civil Procedure (CPC), 1908 - Order 34, Rule 4

Reported in : AIR1952Bom315; (1952)54BOMLR245; ILR1952Bom715

non-compoundable offence which has been taken cognizance of, is against public policy under Section 23 of the Indian Contract Act, 1872, and is therefore void and unenforceable.'There, again, the same principle to which we have referred above was accepted,

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Jan 24 2008

Radhabai Vs. Arunagiri,

Court : Chennai

Decided on : Jan-24-2008

Subject : CivilContract

Acts : Union Territories Act - Sections 55; Transfer of Property Act - Sections 3, 54 and 105; Evidence Act, 1872 - Sections 91, 92, 101 to 104, 111 and 114; Contract Act, 1872 - Sections 10, 11, 16, 17 to 19, 23 and 70; Specific Relief Act, 1963 - Sections 31; Limitation Act, 1963 - Sections 3 and 27; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951 - Sections 331; Uttar Pradesh Consolidation of Holdings Act, 1953 - Sections 49; Revenue Recovery Act; Registration Act, 1908 - Sections 30(2), 51, 55 and 61; Notaries Act, 1952; Code of Civil Procedure (CPC) , 1908 - Sections 100; Muhammadan Law

Reported in : (2008)2MLJ880

also relied on the decision AIR 1993 SC 956 (Mst. Sethani v. Bhana) wherein it is observed as follows:Contract Act (1872), Section 23 - Undue influence - Onus to prove - Sale deed by tribal woman, who was old, illiterate

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May 20 1993

Nutan Kumar and Others Vs. Iind Additional District Judge, Banda and O ...

Court : Allahabad

Decided on : May-20-1993

Subject : TenancyContract

Acts : Indian Contract Act, 1872 - Sections 2, 3, 10, 12 and 23 to 30; Transfer of Property Act, 1882 - Sections 6, 105 and 108; Constitution of India - Article 13, 13(3) and 141; Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947 - Sections 7(2); Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Sections 11, 12, 13, 15, 15(1), 16, 16(1), 17, 17(1) and 31; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 15; Central Provinces and Berar Letting of Houses and Rent Control Order, 1949; Specific Relief Act; Child Marriage Restraint Act, 1929; Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1969 - Sections 5(8); Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 - Sections 166; Uttar P

Reported in : AIR1994All298

relating to all agreements constituting subsratum Of a valid contract are subject to and governting by the Indian Contract Act, 1872, hereinafter called the Contract Act.3. Clauses (h) and (g) of Section 2 of the Contract Act declare that … rendering the agreement to be void are pertinent in the context of investigation of the questions under consideration.6. Section 23 of the Contract Act envisages that object of an agreement will be unlawful, if -(a) it is forbidden

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Jul 27 1976

Kamarbai and ors. Vs. Badrinarayan and anr.

Court : Mumbai

Decided on : Jul-27-1976

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

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Oct 11 1996

Mohar Singh Vs. Deen Dayal Gupta

Court : Delhi

Decided on : Oct-11-1996

Subject : Commercial

Acts : Code of Civil Procedure (CPC), 1908 - Order 40; Indian Contract Act, 1872 - Sections 23; Delhi Rent Control Act, 1958 - Sections 14(1); Transfer of Property Act, 1882 - Sections 108; Evidence Act, 1872 - Sections 91

Reported in : 1996VAD(Delhi)704; 65(1997)DLT1; 2003(39)DRJ760

the of Section '14, he shall be punishable with fine which may extend to one thousands rupees. xxxxxxxxxxxxx Contract Act, 1872 23. What consideration and objects are lawful, and what not The consideration or object of an agreement is

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Dec 20 2007

Sri Chandrashekar and ors. Vs. the Tuheed Co-operative Housing Society ...

Court : Karnataka

Decided on : Dec-20-2007

Subject : CivilProperty

Acts : Karnataka Co-operative Societies Act, 1959; Urban Land (Ceiling and Regulation) Act, 1976; Specific Relief Act, 1963 - Sections 10, 20, 20(2) and 23; Indian Contract Act, 1872 - Sections 23; Karnataka Land Reforms Act, 1961 - Sections 79B and 109; Evidence Act, 1872 - Sections 114; Karnataka Land Reforms (Amendment) Act

Reported in : ILR2008KAR4003; 2008(6)AIRKarR319; AIR2009NOC264

1976, does not arise at all.h) The transaction in question is hit by Section 23 of the Indian Contract Act, 1872. Under Section 79-B of the Karnataka Land Reforms Act, 1961 a Co-operative society is not eligible to possess

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Oct 14 2008

Rajshree Sugars and Chemicals Limited Rep. by Its Director and Chief O ...

Court : Chennai

Decided on : Oct-14-2008

Subject : CommercialContract

Acts : Contract Act, 1872 - Sections 23, 24, 30 and 31; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 2, 17, 18 and 19(6) to 19(11); Specific Relief Act, 1963 - Sections 3, 37 and 41; Banking Regulation Act, 1949 - Sections 6(1), 6(2) and 35A; Specific Relief Act, 1887 - Sections 41 and 56; SARFAESI Act; Gaming Act, 1845 - Sections 18; Gaming (Amendment) Act, 1892; Bombay Forward Contracts Control Act; Forward Contracts (Regulation) Act, 1952; Securities Contracts (Regulation) Act, 1956 - Sections 2 and 18A; Reserve Bank of India Act, 1934; Foreign Exchange Regulation Act, 1973 - Sections 73(3); Foreign Exchange Management Act, 1999 - Sections 47(2); Reserve Bank of India (Amendment) Act, 2006 - Sections 45U, 45V, 45V(1), 45V(2), 45W and 45X; Civil Proc

Reported in : 2008BusLR908; 2009(1)CTC227; (2008)8MLJ261

of the Master Circulars and the Regulations issued by the Reserve Bank of India and consequently hit by Section 23 of the Indian Contract Act, 1872; (c) that the defendant-Bank failed to make a study of the risk … inter alia -(a) that it is nothing but a 'wagering contract' hit by Section 30 of the Indian Contract Act, 1872; (b) that it was not supported by an underlying exposure and hence violative of the Master Circulars and

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Aug 24 2001

Vasantha Viswanthan and ors. Vs. V.K. Elayalwar and ors.

Court : Supreme Court of India

Decided on : Aug-24-2001

Subject : Commercial

Acts : Motor Vehicles Act, 1939 - Sections 31; Tamil Nadu Motor Vehicles (Amendment) Act, 1971 - Sections 48A; Indian Contract Act, 1872 - Sections 23 and 24; Transfer of Property Act - Sections 52; Tamil Nadu Motor Vehicles Rules - Rule 199; Sale of Goods Act, 1930 - Sections 19 and 58; Specific Relief Act, 1877 - Sections 19; Indian Trusts Act, 1882 - Sections 91

Reported in : AIR2001SC3367; 2001(3)ARBLR110(SC); 2001(49)BLJR2289; JT2001(6)SC622; 2001(5)SCALE483; (2001)8SCC133

permits at a price to be ascertained was unlawful within the meaning of Section 23 of the Indian Contract Act, 1872 and accordingly it would be void in view of the provisions of Section 24 of the Indian Contract

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Mar 15 1991

Gurmukh Singh Vs. Amar Singh

Court : Supreme Court of India

Decided on : Mar-15-1991

Subject : PropertyContract

Acts : Contract Act, 1872 - Sections 23; Constitution of India - Article 136

Reported in : JT1991(1)SC685; (1991)2MLJ21(SC); 1991(1)SCALE478; (1991)3SCC79; [1991]1SCR885

that the agreement is opposed to public policy and, therefore, it is void under Section 23 of the Contract Act, 1872. According to him the agreement was to knock out the pubic property on a minimum price and that,

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