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Raj and Associates and anr. Vs. Videsh Sanchar Nigam Limited and ors.

Court : Delhi

Subject : ContractArbitration

Acts : Contract Act, 1872 - Sections 230, 231 and 232; Arbitration and Conciliation Act, 1996 - Sections 5, 8, 8(1) and 8(2); Code of Civil Procedure (CPC) - Order 1, Rule 10 - Order 8, Rule 6A

Reported in : 2004(2)ARBLR614(Delhi); I(2005)BC509; 113(2004)DLT318; 2004(76)DRJ60

improperly joined, whether as Plaintiff or Defendant, be struck off.6. A reading of Section 230 of the Indian Contract Act, 1872 will clarify that RITES is not a necessary party in these proceedings as it enunciates that in the … contracts entered into by him on behalf of his principal, nor is he personally bound by them. Sections 231 and 232 carves out a pragmatic and mercantile exception in that if the agent has not disclosed his

Durga Prasad Agarwalla and Another Vs. Sri Binoyendranath Banerjee (De ...

Court : Orissa

Subject : Education

the Power of Attorney Act as well as Sections 182, 186, 226, 231 and 233 of the Indian Contract Act in support of his contention that contract executed by an agent can be enforced by other contracting party … consequences, as if the contracts had been entered into and the acts done by the principal in person.”.40. Section 231 of the Indian Contract Act provides for implications of a contract entered into by an agent without disclosing

National Securities Clearing Corporation Ltd. Vs. Prime Broking Compan ...

Court : Mumbai

Subject : Land Acquisition

weeks from today. Companies Act, 1956 , Sections 433, 434, 439;Code of Criminal Procedure, 1973, Sections 102, 482; Contract Act, 1872, Section 176 - Company Petition Admission of Winding up Petition- Petitioner Company, a statutory body and a subsidiary of … Comp Cas 424 (Bom)(paragraphs 5 and 8) (b) Union of India v/s Raman Iron Foundry (1974) 2 SCC 231). 6. For all the aforesaid reasons, the learned Senior Counsel submitted that there is no bonafide dispute raised

Kamal Jeet vs.sneh Lata Chaturvedi (Deceased Through Her Lr Babita)

Court : Delhi

Subject : Land Acquisition

an agreement to sell then that act of forfeiture is one falling under Section 74 of the Indian Contract Act, 1872 and that Section 74 of the Contract Act would only apply if the contract is of such a

Bharat Heavy Electrical Limited vs Anand Engineering Limited

Court : Delhi

Subject : Land Acquisition

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,

P.K. Achuthan and anr. Vs. State Bank of Travancore, Calicut

Court : Kerala

Subject : Commercial

Acts : Contract Act, 1872 - Sections 74

Reported in : AIR1975Ker47

sum may be claimed.'The same principle has been embodied in illustration (f) to Section 74 of the flndian Contract Act. 1872 which reads :--'A undertakes to repay B a loan of Rs. 1,000 by five equal monthly instalments, with … a prized subscriber in due payment of two consecutive instalments. In Raghavan v. Subbrama Sastrigal, 1971 Ker LT 231 = (AIR 1972 Ker 21), a Division Bench of this court had occasion to consider the enforceability of

Gostho Behari Sirkar Vs. Surs' Estates Ltd.

Court : Kolkata

Subject : Contract

Acts : Contract Act, 1872 - Section 231

Reported in : AIR1960Cal752

that an agent in India can contract on behalf of an undisclosed principal under Section 231 of the Contract Act. That section provides for the rights of parties to a contract made by an agent. The first paragraph

Winslow Vs. Baltimore and Ohio R. Co.

Court : US Supreme Court

Subject : Land Acquisition

by the beneficiary under the trust directly from the tenant will not amount too part performance of the contract in such manner as to make it binding upon the trustees not signing when it appears that the … my last will and testament. " Page 188 U. S. 650 In 1872, the trustees under Mrs. Pearson's will leased to the railroad company the … was void under the statute of frauds. Comp.Stat.D.C. 231, sec. 4. It is contended that the act … and discretion of all the trustees, and there is no evidence of authority for one of them to act alone, the execution of what purports to be a lease for five years by one of the trustees … prove the third trustee was dead. 1 Perry on Trusts (2d ed.), sec. 411; 2 Perry on Trusts, secs. 499, 502; 2 Story Eq.Jur. (12th

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

Court : Allahabad

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 … stated by Pollack and Mulla in their book on 'Indian Contract and Specific Relief Acts', 10th Edition, P. 231 as thus :'Forbidden by law' -- 'An act or undertaking is equally forbidden by law whether it violates

Maganbhai Vs. Chetanlal

Court : Rajasthan

Subject : Tenancy

Acts : Contract Act, 1872 - Sections 231; Code of Civil Procedure (CPC) , 1908 - Sections 11 and 100; Constitution of India - Article 374(4)

Reported in : AIR1968Raj81

the agent's right of action ceases.' The same principle has been embodied in Section 231 of the Indian Contract Act which runs, as follows:-- 'If an agent makes a contract with a person who neither knows, nor has