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National Bank of Lahore Ltd. Vs. Sohan Lal Saigal and ors.
Punjab and Haryana
Oct-11-1961
Banking
Indian Contract Act, 1872 - Sections 235 and 238; Indian Limitation Act - Articles 36, 49, 95 and 120; Indian Penal Code (IPC), 1860 - Sections 411; ;Code of Criminal Procedure (CrPC) ; Indian Law; Roman Civil Law
AIR1962P& H534
in those lockers, could not be said to fall within the ambit of Section 238 of the Indian Contract Act, 1872, nor were they of such a nature as could be regarded to have been done in the course
Tag this Judgment! AI Brief & AskBappu Rawther Abdul Kassim Rawther Vs. State of Kerala
Kerala
Oct-21-1963
Contract
Contract Act, 1872 - Sections 17, 65, 75 and 238; Revenue Recovery Act;
AIR1964Ker109
I make no order as to costs. Contract - title - Sections 17, 65, 75 and 238 of Contract Act, 1872 and Revenue Recovery Act - respondent auctioned property of assessee for recovery of taxes - appellant purchased property … not vitiated by fraud, the only extent, to which the purchaser can claim relief, is that indicated by section 315........'But in order to make out a case of fraud against the State it must be proved that
Tag this Judgment! AI Brief & AskFirm Rupram Kailash Nath Vs. Co-operative Union and anr.
Allahabad
Sep-01-1966
Contract
Contract Act, 1872 - Sections 237 and 238
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 … such third persons to believe that such acts and obligations were within the scope of the agent's authority. Section 238. Misrepresentations made, or frauds committed, by agents acting in the course of their business for their principals, have
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Rhodia Ltd. and ors. Vs. Neon Laboratories Ltd.
Mumbai
Jul-15-2002
Commercial
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
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.
Tag this Judgment! AI Brief & AskGujarat Urja Vikas Nigam Limited Vs. Amit Gupta
Supreme Court of India
Mar-08-2021
Land Acquisition
the Resolution Plan cannot contravene any provision of law which is in force. The provisions of the Indian Contract Act, 1872 (―Contract Act‖), require mutual agreement of the parties for such a modification; (vi) The submission of the respondents … CIRP under the IBC is 330 days; and (ii) The PPA is an ‗instrument‘ within the meaning of Section 238 of the IBC. The clauses of the PPA are inconsistent with the provisions of the IBC, and stand
Tag this Judgment! AI Brief & AskWay2 Wealth Brokers Pvt. Ltd. Vs. Amar Walmiki
Mumbai
Jul-19-2013
Arbitration
Respondent of the agreement with the Appellant. In view of the explanation to Section 73 of the Indian Contract Act, 1872, the Tribunal was justified in considering, while estimating the loss or damages from a breach of contract, the … of the tribunal exercising jurisdiction to apply the principle of mitigation of damages; (ii) The provisions of Bye-law 238(a) confer a discretion on a member of the Stock Exchange to close out the account of the constituent
Tag this Judgment! AI Brief & AskUv Asset Reconstruction Company Limited versus Electrosteel Castings L ...
Supreme Court of India
Jan-06-2026
Land Acquisition
[2026] 1 S.C.R. 130
of Undertaking; and whether Clause 2.2 constitutes a contract of guarantee within the meaning of s.126 of the Contract Act, 1872 thereby rendering ECL as a guarantor to SREI in respect of financial facilities availed by ESL from SREI.Headnotes†Insolvency … Kartik Pandey, Ms. Nitika Grover, Nishant Anshul.Judgment / Order of the Supreme CourtJudgmentAlok Aradhe, J.INTRODUCTION1. This appeal under Section 62 of Insolvency and Bankruptcy Code,2016 (hereinafter, referred to as the ‘Code’) calls in question the legality and
Tag this Judgment! AI Brief & AskM/S Shakti Residency Pvt. Ltd. Vs.sanjiv Anand & Anr.
Delhi
Jul-01-2019
Land Acquisition
per express terms of the Agreement to Sell dated 16.02.2012 as well as per Section 74 of the Contract Act, 1872.” (emphasis supplied).23. The plaintiff avers that even if, for the sake of arguments, it were to be accepted … fact………” 29. Mr. Malhotra has also placed reliance on Dau Alakhram Vs. Mt. Kulwantin Bai & Another, AIR1950Nagpur 238. The Division Bench of the High Court in this decision observed as follows: FAO(OS) 9/2017 Page 14 of
Tag this Judgment! AI Brief & AskGhanashyam Mishra And Sons Private Limited Vs. Edelweiss Asset Reconst ...
Supreme Court of India
Apr-13-2021
Land Acquisition
of such person goes as far the liability of the principal debtor. As per Section 128 of the Contract Act, 1872, the liability of the surety is coex tensive with that of the principal debtor and the creditor may … case of Pr. Commissioner of Income Tax vs. Monnet Ispat and Energy Ltd.10, in view of provisions of Section 238 of I&B Code, the provisions thereof will have an overriding effect, if there is any inconsistency with any
Tag this Judgment! AI Brief & AskRitika Awasty Vs. Hassad Netherlands Bv and Others
Delhi
Sep-05-2016
Land Acquisition
husband who made the false representations. In paragraph 100 of the award the Arbitral Tribunal has referred to Section 238 of the Indian Contract Act, 1872 which fastens liability upon the principle for frauds committed by the agent. … Arbitral Tribunal declared the share purchase agreement dated March 09, 2013 void under Section 19(1) of the Indian Contract Act, 1872 and awarded damages to respondent Nos.1 and 2 in the sum of US$ 284,943.83 and US$ 2,171,951.86, with
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