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Harshad J. Shah and Another Vs. L.i.C. of India and Others

Court : Supreme Court of India

Subject : Contract

Acts : Life Insurance Corporation Act, 1956 - Sections 48(2); Indian Contract Act, 1872 - Sections 186, 187, 188 and 237; Constitution of India - Articles 12 and 14; Life Insurance Corporation (Amendment) Act, 1981

Reported in : AIR1997SC2459; [1997]89CompCas109(SC); (1997)2GLR1577; JT1997(4)SC505; RLW1997(2)SC189; 1997(3)SCALE423; (1997)5SCC64; [1997]3SCR617

to 94).15. The position is not very different in the law in India. Section 186 of the Indian Contract Act, 1872 lays down that the authority of an agent may be express on implied. An authority is said to … act has authority to do every lawful thing which is necessary in order to do such act. In Section 237 it is provided that when an agent has, without authority, done acts or incurred obligations to third persons

Pranab Kumar Pal Vs. Ltz. Investment Pvt. Ltd. and ors.

Court : Supreme Court of India

Subject : CompanyContract

Acts : Companies Act, 1956 - Sections 235, 237, 398, 402 and 403; Indian Contract Act, 1872 - Sections 27; Specific Relief Act, 1963 - Sections 14 and 41

Reported in : 2009BusLR406(SC); JT2009(14)SC319; 2009(6)SCALE779; (2009)6SCC689; 2009(4)LC1881(SC)

is completely antithetical to the freedom of employment of an individual enshrined in Section 27 of the Indian Contract Act, 1872 (in short `Contract Act') read with Section 14 and Section 41 of the Specific Relief Act, 1963 (in … Respondent No. l filed a Petition before the Company Law Board under Sections 398, 402, 403, 235 and 237 of the Companies Act, 1956 (in short the `Act') alleging inter alia, diversion of corporate opportunity by the

Union of India (Uoi) Owning Southern Rly., Represented by Its General ...

Court : Andhra Pradesh

Subject : Civil

Acts : Railways Act, 1890 - Sections 47(1) and 72; Railways (Amendment) Act, 1961; Indian Contract Act, 1872 - Sections 151, 152 and 161

Reported in : AIR1964AP477

under Section 47 (1) (f) and Section 72 of Railways Act, 1890 and Sections 151,152 and 161 of Contract Act, 1872 - goods given to railway administration for transmission to various railway station - goods looted by uncontrollable unruly … dereliction of duty for not keeping these goods in the goods-shed under lock and keyas required by Rule 237 (c). Rule 237 makes it obligatory on the railway to keep all the packages in the goods-shed and

Firm Rupram Kailash Nath Vs. Co-operative Union and anr.

Court : Allahabad

Subject : Contract

Acts : Contract Act, 1872 - Sections 237 and 238

Reported in : AIR1967All382

of the decree passed by thetrial court. Contract - liability of principal - Sections 237 and 238 of Contract Act, 1872 - principal liable to third party for torts and negligence of his agent in the course of agency … and things spoken or written, or the ordinary course of dealing, may be accounted circumstances of the case. Section 237. When an agent has, without authority, done acts or incurred obligations to third persons on behalf of his

K.S. Ramachandran Vs. Ragistrar of Cooperative Societies and anr.

Court : Chennai

Subject : Commercial

Acts : Contract Act, 1872 - Sections 237; Evidence Act, 1872 - Sections 167

Reported in : AIR1963Mad105; [1963]33CompCas807(Mad)

nisiis made absolute. There will be no order as to costs. Commercial - authority - Section 237 of Contract Act, 1872 and Section 167 of Evidence Act, 1872 - whether joint registrar justified in rejecting pass book of petitioner

Kunj Kishore and ors. Vs. the Official Liquidator, Shri Baldeo Mills L ...

Court : Allahabad

Subject : Company

Reported in : (1914)ILR36All416

Company in this particular matter. The principle applicable is that laid down by Section 237 of the Indian Contract Act (IX of 1872). The firm of Dip Chand Lalji Mal were admittedly agents of the Shri Baldeo Mills

Dilawari Exporters Vs. Alitalia Cargo and ors.

Court : Supreme Court of India

Subject : ConsumerContract

Acts : Consumer Protection Act, 1986 - Section 23; ;Carriage by Air Act, 1972 - Section 4; ;Contract Act, 1872 - Sections 186, 187, 188 and 237; ;Carriage by Air Rules - Rules 5, 6, 10 and 11

was the nature of relationship between respondent No. 3 and respondent No. 1?11. Section 186 of the Indian Contract Act, 1872 (for short 'the Contract Act') lays down that the authority of an agent may be expressed or implied. … an act has authority to do every lawful thing which is necessary in order to do such act. Section 237 of the Contract Act provides that when an agent has, without authority, done acts or incurred obligations to

Rhodia Ltd. and ors. Vs. Neon Laboratories Ltd.

Court : Mumbai

Subject : Commercial

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 9, 9A and 20; Code of Civil Procedure (CPC) (Maharashtra Amendment) Act; Evidence Act, 1872 - Sections 115; Companies Act, 1956 - Sections 46; Contract Act, 1872 - Sections 28

Reported in : AIR2002Bom502; 2003(1)BomCR140; 2003(1)MhLj373

tribunals in India to be ousted. For this purpose, reliance is placed on Section 28 of the Indian Contract Act, 1872 as well as on the decision of the Delhi High Court in : AIR1991Delhi285 in Rajendra Sethia v.

Fazal Ilahi Vs. East Indian Railway Company

Court : Allahabad

Subject : Contract

Reported in : (1921)ILR43All623; 64Ind.Cas.868

the scope of his authority and they were not bound by his act. Section 227 of the Indian Contract Act (IX of 1872) lays down that 'where an agent does more than he is authorized to do, and … that part of the contract which related to the despatch of the said consignment by a passenger train. Section 237, however, lays down that 'when an agent has without authority done acts or incurred obligations to third persons

Gulbanu Razack Vs. Assistant Commissioner of Income-tax (investigation ...

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 80C, 80L, 132, 132(1), 132(4), 132(4A), 132(5), 132(7), 132(11), 132(12), 132B, 132B(3), 132B(4), 244A, 297 and 297(2); Interest Act, 1978 - Sections 4; ;Indian Contract Act, 1872- Sections 73

Reported in : [1990]186ITR226(AP)

be awarded as damages on the basis of the common law principles enshrined in section 73 of the Contract Act, 1872. 27. The position may be unfortunate for plaintiffs but unless and until the legal position as to the … recover the amount with simple interest calculated in the manner then mentioned. Reading the said provisions along with section 237 which defines 'refund', it is clear that section 244A also is not attracted to a case like the