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Andritz Oy, Rep. Through Power of Attorney Agent, Mr. Siraj Ahmad Vs. ...

Court : Chennai

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 2(1), 7, 7(1), 7(2), 7(3), 7(4), 7(5), 8, 11(6), 16, 16(1), 44 to 52, 53 and 54 - Schedule - Article 11(2) and 11(3); Companies Act, 1956 - Sections 2(35), 3, 3(1), 26, 28, 31, 36, 39, 40, 79 and 82; Transfer of Property Act; Arbitration Act, 1940 - Sections 7, 8(2) and 47(1); Contract Act, 1872 - Sections 2, 19, 19A, 20, 23 to 30, 35, 36 and 56; Code of Civil Procedure (CPC) , 1908 - Order 6, Rules 2 and 4 - Order 7, Rule 14(1); United Nations Commission on International Trade Law, 1985; United Nations Commission on International Trade Law Conciliation Rules, 1980; Arbitration of the International Chamber of Commerce Rules

Reported in : 2007(3)ARBLR545(Madras)

would perish along with the main contract, we may have to take recourse to the provisions of the Contract Act, 1872.38. The Contract Act, 1872, among other things, deals with--(1) valid and enforceable contracts; (2) voidable contracts; (3) contracts … and prohibits any invitation to the public to subscribe for any shares in, or debentures of, the company. Section 26 of the Act provides that there shall in the case of a private company limited by shares, such

Smt. R Durga vs Sri N L Mahesh Rao

Court : Karnataka

interest, the legal consequences flowing therefrom are governed by Sections 202, 203, 207 and 208 of the Indian Contract Act, 1872.20. Under Section 202, where the agent has himselfan interest in the property forming the subject matter of the … is instituted alleging that defendants illegally trespassed on the suit site and attempted to put up construction on-4- 26.05.2006. Hence, plaintiffs instituted a suit and later having noticed the alienation made by defendant No.3 in favour of

Joginder Singh Vs. the Bar Council of India

Court : Delhi

Subject : Constitution

Acts : Advocate Act, 1961 - Sections 26(1) and 26(3); Indian Contract Act, 1872 - Sections 17; Constitution of India - Article 20(2);

Reported in : AIR1975Delhi192; 1975RLR15

be understood in the like sense in which they are defined in sections 17 and 18 of the Contract Act 1872. In any case, no other definition or better guide could be suggested. It is unnecessary to expatiate on … appears to this Council that this concealment constitutes misrepresentation and fraud within the meaning of the proviso to Section 26(1) of the said Act, and whereas your name is liable to be removed from the roll of advocates

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 … Commissioner on payment of such fees prescribed for specified period and subject to such restrictions and conditions. Under Section 26 of the Act, the Commissioner may cancel or suspend any licence or permit granted under the Act, apart

Mohar Singh Vs. Deen Dayal Gupta

Court : Delhi

Subject : Commercial

Acts : Code of Civil Procedure (CPC), 1908 - Order 40; Indian Contract Act, 1872 - Sections 23; Delhi Rent Control Act, 1958 - Sections 14(1); Transfer of Property Act, 1882 - Sections 108; Evidence Act, 1872 - Sections 91

Reported in : 1996VAD(Delhi)704; 65(1997)DLT1; 2003(39)DRJ760

the of Section '14, he shall be punishable with fine which may extend to one thousands rupees. xxxxxxxxxxxxx Contract Act, 1872 23. What consideration and objects are lawful, and what not The consideration or object of an agreement is … :- 'DEFENDANTS restrained in terms of prayer (a) and (b) of the I.A. till the next date.'2.2 On 26.5.95, the order dated 5.5.95 was modified permitting sale of some perishable goods and depositing the amount of sale

M/s Vistra Itcl (india) Limited Vs. Dinkar Venkatasubramanian

Court : Supreme Court of India

Subject : Land Acquisition

financial creditor of the corporate debtor. 5.4 Phoenix ARC (supra) also refers to Chapter VIII of the Indian Contract Act, 1872 which deals with the definition of ‘indemnity’ and ‘guarantee’ under Sections 124 and 126 therein. It was observed:"25. … the term loan facilities availed by WLD and Brassco from KKR and L&T. That thereafter an application under Section 7 of the Insolvency & Bankruptcy Code, 2016 (hereinafter referred to as ‘IBC/Code’) was admitted against the Corporate … Amtek Auto on 23.12.2015; no objection certificate requested by Amtek Auto on 26.03.2016 from IDBI; No objection certificate issued by IDBI Bank to Vistra ITCL

Manchersha Ardesar Vs. Govind Ganesh Joshi

Court : Mumbai

Subject : CivilFamily

Reported in : AIR1930Bom424; (1930)32BOMLR1035

Later on it was observed that (p. 92):-We do not think that the general provisions of the Indian Contract Act , 1872, as to the rights and liabilities of undisclosed principals were intended to alter -well-established rules as to negotiable … the manager of a joint Hindu family, the promissory notes cannot bind the other members. The provision in Section 26, so far as it is relevant, is :-Every person capable of contracting, according to the law to which

The Bidar Urban Co-operative Bank Limited Vs. Mr.girish S/o Late Gunde ...

Court : Karnataka Kalaburagi

Subject : Land Acquisition

e) the death of father of the accused has no consequence in view of section 25(3) of Indian Contract Act, *1872 the issuance of cheque by the accused saved Limitation for the recovery proceedings by the complainant-Bank. f) the … Corrections Carried out, vide Court order dated:22. 02/2021. 18 voluntarily, graciously has paid Rs.50,000/- as his share on 26-11-2014. But the same is not mentioned in his affidavit evidence.18. On entire reading of the evidence of the

Shivam Construction Co. and ors. Vs. Vijaya Bank, Ahmedabad and ors.

Court : Gujarat

Subject : ContractLimitation

Acts : Indian Limitation Act, 1963 - Schedule - Articles 1 and 18; Partnership Act, 1932 - Sections 18, 19, 19(2) and 26; Indian Contract Act, 1872 - Sections 171; Evidence Act, 1872 - Sections 114; Code of Civil Procedure (CPC), 1908 - Sections 96; Bankers' Books Evidence Act, 1891 - Sections 4; Banking Regulation Act, 1949 - Sections 21, 21(2), 22 and 35A

Reported in : AIR1997Guj24; (1997)1GLR774

at this stage appropriate to have a close look into the provisions of Section 171 of the Indian Contract Act, 1872. Section 171 of the said Act reads as under:'171. General lien of bankers, factors wharfingers, attorneys and policy-brokers. --Bankeres, … with regard to the relations of partners to the third parties. A conspectus of Sections 18, 19 and 26 of the Parnership Act would go to show that unless contrary provision is made in the partnership deed

H.P. Horticultural Produce Marketing and Processing Corporation Ltd. V ...

Court : Himachal Pradesh

Subject : Insurance

Acts : Insurance Act, 1938; ;Contract Act, 1872 - Sections 20 and 28; ;Code of Civil Procedure (CPC) , 1908 - Section 26; ;Companies Act, 1956 - Section 2(26)

Reported in : AIR2000HP11

of the insurance policy Ex. PW 1 /1 is rendered void by virtue of Section 28 of the Contract Act. 1972, and that the suit having been filed within three years of the date of repudiation of the … Clause 6(ii) in the present case) was rendered void by virtue of Section 28 of the Contract Act, 1872.While upholding the validity of the clause, the Full Bench held :--'..........As a result of the above discussion, on … the general terms of the policy such risk was not covered.4. On 26-11-1990 it was noticed that storage tank No. 2 had collapsed on one