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Mahendrakumar Chandulal Vs. Central Bank of India

Court : Gujarat

Subject : Contract

Reported in : (1984)1GLR237

the bill of lading from liability for the negligence of its servants notwithstanding Section 151 of the Indian Contract Act, 1872. This is also a Division Bench judgment wherein on the point under consideration, it has been observed as … Co. Ltd. (1909) ILR 32 Madras 95 In this case, the plaintiffs claimed damages for the loss of 246 bags of rice out of a consignment of 4,000 bags carried by the defendants under a bill of

Mahabir Kishore and ors. Vs. State of Madhya Pradesh

Court : Supreme Court of India

Subject : ContractLimitation

Acts : Contract Act, 1872 - Sections 72; Limitation Act, 1963 - Sections 17, 17(1) - Schedule - Articles 24 and 113; Code of Civil Procedure (CPC) - Sections 80

Reported in : [1990]69CompCas16(SC); JT1989(3)SC327; (1989)4SCC1a

in the former.17. A tax paid under mistake of law is refundable under Section 72 of the Indian Contract Act, 1872. In Sales Tax Officer v. Kanhaiya Lal : [1959]1SCR1350 where the respondent, a registered firm, paid sales tax … to C.F. Raipur Circle for similar auction in this cess levied in any division of his Circle.4. On 24.4.1959 the Madhya Pradesh High Court's Judgment in Surajdin v. Stale of M.P. declaring the collection of 7 per

India Financial Assn., Seventh Day Adventists Vs. M.A. Unneerikutty an ...

Court : Supreme Court of India

Subject : PropertyContract

Acts : Companies Act, 1956; Income Tax Act, 1961 - Sections 23GA; Kerala Court Fees and Suits Valuation Act - Sections 42; Kerala Stamp Act; Contract Act, 1872 - Sections 23 and 24; Specific Relief Act, 1963 - Sections 16, 20, 108 and 629(A)

Reported in : 2006(6)ALD11(SC); 2006(4)AWC3177(SC); (SCSuppl)2006(4)CHN128; JT2006(6)SC578; 2006(4)KLT520(SC); 2006(7)SCALE302; (2006)6SCC351; 2006(2)LC1026(SC)

like Kerala Stamp Act and Income Tax Act, 1961 and were void under Section 24 of the Indian Contract Act, 1872 (in short the 'Contract Act'). The three buildings in the property were solid constructions. The demolition of the

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

Court : Supreme Court of India

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

State of Kerala Rep. by the Chief and ors. Vs. Biju Thomas S/O. Thomas

Court : Kerala

Subject : ConstitutionCivil

Acts : Constitution of India; Kerala Abkari Shops (Disposal in Auction) Rules, 1974 - Rules 3, 5, 5(4B), 5(10), 5(14), 5(15), 5(16), 5(17), 5(18), 5(19), 6(27), 6(28), 6(33), 6(34) and 6(39); Kerala Abkari Shops Disposal Rules, 2002 - Rules 4(2) and 9(10); Kerala Abkari Act - Sections 2(23), 17, 18, 18(2), 18A, 18A(1), 24, 26, 29, 29(1) and 29(2); Contract Act, 1872 - Sections 74; Revenue Recovery Act

Reported in : 2007(3)KLJ556

the licence as ultra vires and void and without legislative sanction; to declare that the provisions of Indian Contract Act, 1872 are applicable to the contracts entered into by the petitioner with the respondents except to the extent specifically … any liquor or intoxicating drug until he receives a licence in that behalf from the Commissioner of Excise. Section 24 of the Act provides for grant of licence. Under this Section, a licence or a permit under the

Union of India (Uoi) Through Textile Commissioner Vs. Bhagwati Cottons ...

Court : Mumbai

Subject : Civil

Acts : Indian Contract Act, 1872 - Sections 28, 128, 129, 130 and 133 to 139; Limitation Act; Code of Civil Procedure (CPC) , 1907 - Order 7, Rule 11 - Order 37

Reported in : 2008(3)ALLMR63; IV(2008)BC73; 2008(5)BomCR909; 2008(2)CTLJ180(Bom)

informed the Defendant No. 2 that in the light of the amendment to Section 28 of the Indian Contract Act, 1872, which came into force with effect from 8th January 1997, the Bank was not absolved of its obligation … principal sum of Rs. 2,10,25,350/-(Rupees Two Crores Ten Lakhs Twenty-five Thousand Three Hundred Fifty) at the rate of 24% per annum from the date of filing of the Suit until payment/realisation thereof. The Suit is already decreed

The Official Assignee Vs. Madholal Sindhu

Court : Mumbai

Subject : Company

Reported in : AIR1947Bom217; (1946)48BOMLR828

res judicata against the plaintiff, and that no notice having been given under Section 176 of the Indian Contract Act, 1872, by defendant No. 2 to defendant No. 4 the sale by defendant No. 2 to defendant No. 3 … at an overdraft of Rs. 16,771-9-3 and of Raghavji which was overdrawn to the extent of about Rs. 24000, making his total 'liabilities to the bank upwards of Rs. 2,00,000. The bank held as security not only

The Secretary of State for India Vs. Bhaskar Krishnaji Samant

Court : Mumbai

Subject : Civil

Reported in : AIR1925Bom485; (1925)27BOMLR973

in case of a breach of the conditions thereof may, notwithstanding anything in Section 74 of the Indian Contract Act, 1872, be recovered from him in case of such breach as if it were an arrear of land-revenue.16. It … proved. Accordingly the trial Court pasted a decree in favour of the plaintiff declaring that the tender, Exhibit 24, did not amount to a contract enforceable by law, and granted an injunction perpetually enjoining the defendant from

Km. Indu Mehta Vs. State of U.P. and ors.

Court : Allahabad

Subject : Civil

Acts : Contract Act, 1872 - Sections 65 and 70; Code of Criminal Procedure (CrPC) , 1973 - Sections 24(2); Code of Criminal Procedure (CrPC) , 1974 - Sections 24 and 24(2)

Reported in : AIR1987All309

view of the well settled equitable principle 'quantum merit' and the provisions of Section 65 of the Indian Contract Act, 1872 which embody the said equitable principle.19. Rationally, it cannot be held that in rendering her services to the … such an appointment rests with the respondent No. 1 alone in view of the provisions contained in S. 24(2) of the Cr. P.C., 1973. He could only make a local arrangement and that is what he actually

Commissioner of Income-tax Vs. Grand Enterprises

Court : Kerala

Subject : Direct Taxation

Acts : Abkari Act; Abkari Rules; Kerala Abkari Act - Sections 24 and 56; Foreign Liquor Rules - Rule 19; Indian Contract Act, 1872 - Sections 22 and 28; Income Tax Act

Reported in : [1999]235ITR594(Ker)

no legal bar under Section 23 of the Contract Act, cannot be sustained. Section 23 of the Indian Contract Act, 1872, states that the consideration or object of an agreement is lawful, unless it is forbidden by law ; … the partners of the firm. This licence was being utilised by the firm for running the said bar. Section 24 of the Kerala Abkari Act provides for granting of licence subject to such restrictions and on such conditions.