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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 … the Divisional Forest Officer. He, however, directed inquiry on the point arising on the plaintiff's application. On September 3, 1920, the plaintiff was informed that his tender was accepted and he was called by a notice of

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 … by way of damages for wrongful detention of debt.... The law has, however, been amended in England by section 3, Law Reform (Miscellaneous Provisions) Act, 1934, empowering a Court of Record to award interest on the whole or

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 … an order dated 22.3.96 passed by. a learned Single Judge of this Court whereby the plaintiff's application (IA 3862/95) under Order 39 Rules I &2 Civil Procedure Code has been directed to be dismissed and the defendant/respondent's

Alluri Narayana Murthy Raju Vs. Dist. Collector and ors.

Court : Andhra Pradesh

Subject : Contract

Acts : Contract Act, 1872 - Sections 32 and 56; Andhra Pradesh (Andhra Area) Rivers Conservancy Act, 1884; Interest Act, 1978 - Sections 3 and 3(1); Code of Criminal Procedure (CrPC) - Sections 144; Andhra Pradesh Panchayat Raj (Auction of Sand in the Water Courses Vesting in Gram Panchayat) Rules, 2000 - Rules 5, 7, 8, 11 to 18, 19 and 26

Reported in : AIR2008AP264; 2008(6)ALD103

emanate from the statute, the contract is statutory in nature. Consequently, the parties are governed by the Indian Contract Act, 1872 (for short, 'the Act') and the Rules under which contract is entered into.10. The important question that requires … the period up to the institution of proceedings is governed by the provisions of the Interest Act, 1978. Section 3(1) of the said Act reads as follows:3. Power of Court to allow interest: (1) In any proceedings for

Himachal Pradesh State Electricity Board Vs. M/S. Sumer Chand and Sons

Court : Delhi

Subject : Electricity

Acts : Electricity (Supply) Act, 1948 - Sections 5; Indian Contract Act, 1872 - Sections 7; Limitation Act, 1963 - Sections 3(2) and 19

Reported in : 2000IVAD(Delhi)777; 2000(53)DRJ181

adhere to the conditions as noted in the tender on said counts. Under Section 7 of the Indian Contract Act, 1872, to convert a proposal into a promise, the acceptance must be absolute and unqualified. An acceptance which is … 1973 the plaintiff invited tender No. 28 as per general conditions of contract as detailed in para No. 3 of the plaint, for supply of galvanised mild steel tubes with the schedule of requirement and dispatch as

Bharat Sarvodaya Mills Co. Ltd. Vs. Mohatta Brothers Overruled

Court : Gujarat

Subject : Civil

Acts : Partnership Act, 1932 - Sections 4, 30, 31(1), 31(2), 32, 32(3), 34, 39, 40, 41, 42, 43, 44, 58, 59, 60, 61, 62, 63, 63(1), 69(2) and 69(3); Code of Civil Procedure (CPC), 1908 - Sections 86 and 87B - Order 30, Rules 1, 1(1), 1(2), 2, 2(1), 2(2), 2(3) and 4; Indian Contract Act, 1872 - Sections 45 and 70; Constitution of India - Article 133(1)

Reported in : AIR1969Guj178; (1969)GLR457

by all the partners who are compromises and all of whom are under Section 45 of the Indian Contract Act, 1872, joined together in enforcing the promise against a third party promisor. The suit by a firm as we … on behalf of Messrs. Chaturbhujdas Kharawala Mohatta and Company hereinafter referred to as 'the new managing agents', on 31st July 1950. On 1st August 1950 a notice was issued by the secretary for sanctioning the said scheme

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 … V. Ramasubramanian, J.1. This is an application taken out by the first defendant in the suit, under Section 45 of the Arbitration and Conciliation Act, 1996, seeking to refer the parties to the present suit CS

M.V.V. Prasada Rao Vs. Municipal Council

Court : Andhra Pradesh

Subject : ContractCommercial

Acts : Andhra Pradesh Municipalities Act, 1965 - Sections 43, 43(3), 44, 45 and 289 ; Contract Act, 1872 - Sections 2, 65 and 70; Punjab Municipal Act, 1911 - Sections 18, 45, 47, 47(3) and 70; Madras District Municipalities Act, 1920 - Sections 69; Madras City Municipal Act, 1919 - Sections 81 and 81(3)

Reported in : 2005(5)ALD499; 2005(6)ALT165

also had drawn the attention of this Court to Section 65 and also Section 70 of the Indian Contract Act, 1872, and would maintain that Section 45 of the Act would not operate as a bar to maintain the … of the Andhra Pradesh Municipalities Act for the year 1984-1985. The period of lease is from 1-4-1984 to 31-3-1985 and the bid amount is Rs. 5,20,000/- besides the establishment charges. As per the terms and conditions of

Essar Steel Ltd. and ors. Vs. Union of India (Uoi), Through Secretary ...

Court : Gujarat

Subject : CivilContract

Acts : Companies Act, 1956 - Sections 617 and 619; Oil and Natural Gas Corporation Act, 1958; Essential Commodities Act - Sections 3; Rent Act; Contract Labour (Regulation and Abolition) Act, 1970; Sale of Goods Act, 1930 - Sections 2(10), 5, 10, 14, 15, 19, 31 and 32; Evidence Act, 1872 - Sections 91, 93 and 114; Contract Act; Industrial Disputes Act; Gujarat Gas (Regulation of Transmission, supply and Distribution) Act, 2001; Constitution of India - Articles 5A, 5B, 10, 12, 13, 14, 15, 32, 226 and 298

Reported in : 2004(176)ELT64(Guj); (2006)1GLR436

as prayed for in prayer C of the petition. He submitted that Section 91 of the Indian Evidence Act, 1872 clearly prohibits giving of such evidence in proof of terms of any Contract. He submitted that in the … which defines 'free consent' and Section 15 which defines 'Coercion.' Mr. Dave submitted that Section 19 of the Contract Act clearly provides that the Contract with which consent is caused by coercion is only voidable at the option … fixing the price of natural gas were issued by the Government of India in exercise of power under Section 3 of the Essential Commodities Act and therefore GAIL has no right to charge and recover more than the

Swastik Agency, Madras Vs. the Madras Port Trust and anr.

Court : Chennai

Subject : Commercial

Acts : Madras Port Trusts Act, 1905 - Sections 39, 39(3), 40, 40(1), 40(2), 95 and 95(4); Indian Railways Act, 1890; Indian Contract Act, 1872 - Sections 151, 152 and 161; Land Acquisition Act - Sections 18; Indian Income-tax Act - Sections 33-A(2)

Reported in : AIR1966Mad130; (1965)2MLJ113

Indian Railways Act, 1890, be that of a bailee under Ss. 151, 152 and 161 of the Indian Contract Act, 1872, omitting the words 'in the absence of any special contract' in S. 152 of the last mentioned Act. … the said finding.(6) I shall now take up for consideration the several aspects covered by point No. 1. Section 39 of the Port Trust Act (II of 1905, (hereinafter referred to as the Act) deals amongst other … month of the date, of the receipt of the goods under S. 39(3). (2(a)) Whether bye-law No. 31 which provides that the Port Trust will