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Ashok Mahansing Bajaj H.U.F. Vs. Elegant Pharmaceuticals Ltd. and Othe ...

Court : Mumbai

Subject : SICA

Acts : Code of Civil Procedure (CPC), 1908 - Order 37, Rules 2 and 3; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(2), 15, 16 and 22; Indian Contract Act, 1872 - Sections 17, 18, 25, 126, 127, 128, 140 and 141; Negotiable Instruments Act, 1881 - Sections 37; Industrial (Development and Regulations) Act, 1951; Companies Act, 1956

Reported in : 2000(2)ALLMR242; 2000(3)BomCR169; (2000)1BOMLR968; 2000(2)MhLj855

said bill of exchange as principal debtors. 'Contract of guarantee' is defined under section 126 of the Indian Contract Act, 1872 and so also 'surety', 'principal debtor' and 'creditor' are defined in the said section. Section 126 of the … 17 is under preparation or consideration or a sanctioned scheme is under implementation or where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in the Companies Act, 1956 (1 of

V. Sadasivan and 36 Others Vs. Binny Limited Represented by Its Chairm ...

Court : Chennai

Subject : Labour and industrial

Acts : Constitution of India, Articles 8, 12, 14, 21, 39, 41 and 226 -- Constitution of India -- Article 12 -- Rule 9(1) Indian Contract Act, 1872 -- Sections 23; Industrial Disputes Act, 1947 -- Sections 2, 12(3), 18(1), 25-F, 25-N, 25-O, 25J and 25II Companies Act, Sections 617; Indian Tourism Development Corporation (Conduct, Discipline and Appeal) Rules 1878 -- Rule 31 (v)

Reported in : 1998(1)CTC1; [1998(79)FLR97]

dearness allowance. Their Lordships of the Apex Court held that such a clause offends Section 23 of the Contract Act, 1872 as being opposed to public policy and, therefore, void besides being ultra vires of Article 14 and further … notwithstanding the change in nomenclature and that before terminating their services there should have been proper compliance with Section 25-N of the Act by taking prior permission and also complying with the requirements of Section 25-F of the

N. Ethirajulu Naidu Vs. K.R. Chinnikrishnan Chettiar

Court : Chennai

Subject : ContractLimitation

Acts : Evidence Act, 1872 - Sections 18 and 101; Indian Contract Act, 1872 - Sections 25(3); Limitation Act, 1968 - Sections 18

Reported in : AIR1975Mad333

Section 26 of the Travancore Contract Act which corresponds, word for word, to Section 25 of the Indian Contract Act, 1872, and their Lordships observed as follows--"An account stated is no more than an agreement, and when the entire

Benathung Odyuo Vs. Union of India (Uoi) and ors.

Court : Guwahati

Subject : ContractConstitution

Acts : Arbitration and Conciliation Act, 1996 - Sections 11; Contract Act, 1872 - Sections 25; Constitution of India - Articles 14, 21 and 226

Report adopted the same approach and recommended that, by way of exception to Section 25 of the Indian Contract Act, 1872, a promise, express or implied, which the promisor knows or reasonably should know, will be relied upon by

N.A. Radha and Others Vs. State of Andhra Pradesh and Others

Court : Andhra Pradesh

Subject : ContractLimitation

Acts : Andhra Pradesh Revenue Recovery Act, 1864 - Sections 52-A; Limitation (Amendment) Act, 1963 - Sections 18; Indian Contract Act, 1872 - Sections 25(3) and 59; Constitution of India - Articles 62, 137 and 226; Limitation Act, 1908 - Sections 19

Reported in : 2000(2)ALD560; 2000(2)ALT484

18-10-1988 constitutes an agreement in terms of Section 25(3) of the Contract Act.13. Section 25(3) of the Indian Contract Act, 1872 (for short 'the Contract Act') is in the following terms:'Section 25. Agreement without consideration void, unless it is

Smt. Asha Qureshi Vs. Afaq Qureshi

Court : Madhya Pradesh

Subject : FamilyCivil

Acts : Special Marriage Act, 1954 - Sections 25 and 29; Contract Act, 1872 - Sections 17(4)

Reported in : AIR2002MP263; 2002(4)MPHT108; 2002(3)MPLJ394

consent of either party in the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 :Provided that in the case specified in Clause (ii), the Court shall not grant a decree unless it … the respondent/husband for marriage was obtained by the appellant/wife by exercising fraud. It would be useful to reproduce Section 25 of the Act which lays down the conditions in which the marriage solemnized under the 'Act' be avoided.

Steel Auto Industries Vs. National Building Construction Corporation L ...

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 30 and 33; Contract Act, 1872 - Sections 25; Code of Civil Procedure (CPC) - Sections 151

Reported in : 2006(3)ARBLR194(Delhi); II(2006)BC296; 128(2006)DLT128; 2006(87)DRJ196

agreed schedule and no improvement was noticed despite repeated reminders. thereforee, in view of Section 25 of the Contract Act, 1872 as well as Clause 7 of the supply order, NBCC was fully competent to cancel the supply order

Chacko Varkey Vs. Thommen Thomas

Court : Kerala

Subject : ContractLimitation

Acts : Limitation Act, 1908 - Schedule - Article 64; Contract Act, 1872 - Sections 25(3)

Reported in : AIR1958Ker31

Section 26 of the Travancore Contract Act (Act X of 1115) corresponds to Section 25 of the Indian Contract Act, 1872. That section provides -- subject to strictly limited exceptions -- that an agreement made without consideration is void.

Raghavendrarao Vakil and Co., Bijapur Vs. B.R. Elavia

Court : Karnataka

Subject : ContractCommercial

Acts : Indian Contract Act, 1872 - Sections 25(3); Code of Civil Procedure (CPC) , 1908 - Sections 100 and 101

Reported in : AIR1973Kant203; AIR1973Mys203; (1973)1MysLJ59

Modv v. Bai Meherbai). In that decision, it has been held that under Section 25(3) of the Indian Contract Act, 1872 the person making the promise is the person against whom the liability might have been enforced and that

Radhakrishna Joshi Vs. Syndicate Bank

Court : Karnataka

Subject : Contract

Acts : Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970; Contract Act, 1872 - Sections 2(d), 25, 62 and 126; Negotiable Instruments Act, 1881 - Sections 13

Reported in : IV(2006)BC180; [2006]131CompCas54(Kar); ILR2006KAR2365; 2006(1)KarLJ534

loan with interest in installments and that the lower Appellate Court having rightly relied upon the commentary on Contract Act, 1872 referring to Section 2(d) and Section 25, has clearly held that the plaintiff-Bank has proved its case for