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HDFC Bank Ltd. Vs. Rohan Dyes and Intermediates Ltd.

Court : Mumbai

Subject : Land Acquisition

any, shall be refunded to the Petitioner. Companies Act, 1956, Sections 434(1)(a), 439;Negotiable Instruments Act, 1881, Section138; Indian Contract Act, 1872, Section 30; Gaming Act, 1845 (U.K), Section 18- Company Petition- Leave for Winding up- Petitioner Bank, an authorised dealer in … admitted. (Para 1, 2, 3, 9, 10, 11, 12, 17, 18, 20, 23, 26, 27, 31, 32) Indian Contract Act, 1872, Section 30- Wagering contract - Though every wagering contract is speculative in nature, every speculation need not necessarily be a

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 … been loosely used. Section 31(1) provides that subject to contract between the partners and to the provisions of Section 30, no person shall be introduced as a partner into a firm without the consent of all the existing

Daiichi Sankyo Company Limited vs.malvinder Mohan Singh and Ors

Court : Delhi

Subject : Land Acquisition

pleaded that elements of active concealment are not made out in terms of section 17 of the Indian Contract Act, 1872 (hereinafter referred to as The Contract Act). Further, the respondent has suffered no loss direct or indirect as … have received consideration of Rs.22,679 crores. The majority gave its Award on 29.4.2016. The minority Award came on 30.4.2016. (f) The respondent raised number of defences before the Arbitral Tribunal. It was the case of the respondent

Hindustan Aeronautics Limited, Rep. by Its Managing Director Vs. Compa ...

Court : Karnataka

Subject : ArbitrationContract

Acts : Indian Contract Act, 1872 - Sections 73; Arbitration Act, 1949 - Sections 30 and 33

Reported in : ILR2004KAR4268

returned. Reliance is placed on the principles relating to award of damages contained in Section 73 of the contract Act, 1872 which provides that the quantum of damages could only be with reference to the loss which naturally arose … of and refusal to pay for use Fortran Compiler for the of Fortran compiler, period from 9.5.86 to 30.11.86.05 Unauthorised deductions Unauthorised deductions 8000/- with respect to use of and refusal to pay for use Fortran compiler

Delhi Development Authority Vs. Polo Singh and Co.

Court : Delhi

Subject : ContractArbitration

Acts : Arbitration Act - Sections 14, 17, 29, 30 and 33; ;Indian Contract Act, 1872 - Sections 73 and 74

Reported in : 2003(1)ARBLR270(Delhi); 101(2002)DLT401; 2003(66)DRJ132

was a claim of remote nature, which was not permissible under Section 73 & 74 of the Indian Contract Act, 1872. It was contended that after undertaking the construction work respondent/claimant would not have necessarily earned profits. The learned … of respondent/claimant. On a notice of filing of the award being issued, the appellant-Authority filed its objections under Section 30 & 33 of the Act (IA.7010/99) in respect of claim No. 5.12. Referring to a part of the

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 … 1986, January, 1987 and February, 1987 no supply was made at all as against the stipulated supply of 30 sets during this period. In March, 1987 only four sets were supplied. The petitioner supplied 36 sets of

State of Jharkhand and Ors Vs. Arun Kumar Dhar

Court : Jharkhand

Subject : Education

Government service prior to the age of 18 years, on the basis of Section 11 of the Indian Contract Act, 1872, Section 3 of the Majority Act, 1875, and Rule 57 of the Bihar Pension Rules. With all due respects … age of 18 years on the date of his appointment, i.e., 21.09.1968, he shall superannuate with effect from 30.09.2010, treating him to have attained the age of 60 years on that date. This order was challenged by

J. Thomas and Co. (Jute and Gunnies) Pvt. Ltd. (In Liquidation) Vs. th ...

Court : Kolkata

Subject : ArbitrationContract

Acts : Arbitration Act, 1940 - Sections 2, 30 and 33; ;Contract Act, 1972 - Section 230; ;Raw Jute (Central Jute Board and Miscellaneous Provisions) Act, 1951 - Sections 5 and 6

Reported in : AIR1979Cal20,82CWN864

and illegal. We have also to keep in view the relevant provisions of Section 23 of the Indian Contract Act, 1872. These provisions are :--'23. The consideration or object of an agreement is lawful unless--it is of such a … said purported Award be set aside.' The application it is stated has been made under Sections 33 and 30 of the Arbitration Act, 1940.2. When the contract, being contract N. B/713 dated the 31st May 1951, was

Dharam Vir Vs. Jagan Nath and ors.

Court : Punjab and Haryana

Subject : Commercial

Acts : Partnership Act, 1932 - Sections 30; Contract Act, 1872 - Sections 11

Reported in : AIR1968P& H84

this case. That decision gives effect to the principle laid down in Section 42 onwards of the Indian Contract Act, 1872. These sections vary the rules of English Common Law as to the devolution of the benefit of and … of Mr Agarwal and on that too I find myself in complete agreement with the learned Single Judge. Section 30 of the Partnership Act lays down that a minor cannot become a partner though, with the consent of

i.C.M. Airport Technics Vs. International Airport Authority of India

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 15, 30 and 33; ;Indian Contract Act, 1872 - Sections 51, 52, 54, 53 and 55

Reported in : 2006(1)ARBLR146(Delhi)

my considered view rightly so, has considered the effect of the provisions of Section 52 of the Indian Contract Act, 1872 (hereinafter to be referred to as, 'the Contract Act') to the come to the conclusion that the nature … case of State of UP v. Allied Constructions, : (2003)7SCC396 , it has been once again reiterated that Section 30 of the said Act providing for setting aside an award is restrictive in its operation and unless one