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S.K. JaIn Vs. State of Haryana and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 16, 31(1), 31(8) and 38; Indian Contract Act, 1872 - Sections 23 and 28; Rent Control Act; Constitution of India - Article 226

Reported in : JT2009(7)SC128; 2009(4)MhLJ719(SC); 2009(3)SCALE236; (2009)4SCC357; 2009AIRSCW1934; 2009(3)LHSC2031

It is also submitted that the contract is in conflict with Sections 23 and 28 of the Indian Contract Act, 1872 (in short the `Contract Act').5. Learned Counsel for the respondents on the other hand supported the judgment of … logic in it. It is balancing factor to prevent frivolous and inflated claims. INDIAN CONTRACT ACT (9 of 1872) Section 23: [Dr. Arijit Pasayat, V.S. Sirpurkar & Asok Kumar Ganguly, JJ] Arbitration agreement - Agreement clause providing for … the prescription under Sub-clause (7) of Clause 25-A of the agreement was in conflict with the provisions of Section 31(8) read with Section 38 of the Act. It was submitted that the costs involved cannot be more than

Shri Baij Nath Vs. M/S. Ansal and Saigal Properties Pvt. Ltd.

Court : Delhi

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 12 and 14; Indian Contract Act, 1872 - Sections 31; Code of Civil Procedure (CPC), 1908 - Order 23, Rule 1

Reported in : ILR1992Delhi1057

was fulfillled the contract was not capable of specific enforcement as stated in Section 31 of the Indian Contract Act, 1872.7. So far as the submission that at least the contract may be specifically enforced qua 192 sq. ft.

Baij Nath Vs. Ansal and Saigal Properties Pvt. Ltd

Court : Delhi

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 14; Indian Contract Act, 1872 - Sections 31

Reported in : AIR1993Delhi285; 47(1992)DLT225; 1992RLR299

was fulilled the contract was not capable of specific enforcement as stated in Section 31 of (he Indian Contract Act, 1872. (7) So far as the submission that at least the contract may be specifically enforced qua 392 sq.

Binny Mill Labour Welfare House Building Co-operative Society Limited ...

Court : Karnataka

Subject : Contract

Acts : Karnataka Co-operative Societies Act, 1959 - Sections 125; Specific Relief Act, 1963 - Sections 31; Mysore Co-operative Societies Act, 1959 - Sections 18; Indian Contract Act, 1872 - Sections 2, 19, 23 and 24 to 30; Indian Registration Act, 1908 - Sections 47, 48 and 49; Transfer of Property Act, 1882 - Sections 54; Companies Act

Reported in : ILR2008KAR2245; 2009(2)KarLJ291; 200(3)KCCR1692; 2008(5)AIRKarR120; AIR2008NOC2774

clear distinction between the legal terms such as valid, invalid, void and voidable.20. Section 2 of the Indian Contract Act, 1872, states that in what sense the aforesaid expressions are used in the Act. Section 2(h) states that an … getting it registered. The cancellation of the sale deed has to be by a Court as contemplated under Section 31 of the Specific Relief Act, 1963. The bye-laws of a society cannot be equated to law, rules or

Kamarbai and ors. Vs. Badrinarayan and anr.

Court : Mumbai

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 6; Indian Contract Act, 1872 - Sections 2 and 23; Specific Relief Act, 1963 - Sections 27, 27(2), 28, 31 and 34; Trusts Act, 1882 - Sections 84; Criminal Law

Reported in : AIR1977Bom228; (1976)78BOMLR579; 1977MhLJ115

the sale-deed is for an unlawful object or consideration within the meaning of Section 23 of the Indian Contract Act, 1872, the sale would be void.79. The effect of these sections on transfers tainted by sexual immorality was considered … decree for specific performance is to be set aside.94. In our opinion, the present suit is governed by Section 31 as the plaintiff seeks to set aside the registered sale-deed. That section again lays down that that any

m.c. Luthra vs.ashok Kumar Khanna

Court : Delhi

Subject : Land Acquisition

an agreement to sell then that act of forfeiture is one falling under Section 74 of the Indian Contract Act, 1872 and that Section 74 of the Contract Act would only apply if the contract is of such a … price of property have to be computed with reference to the date of the breach of the contract.” 31. Section 74 as it originally stood read thus: “When a contract has been broken, if a sum is

Arun Khanna vs.sumit

Court : Delhi

Subject : Land Acquisition

an agreement to sell then that act of forfeiture is one falling under Section 74 of the Indian Contract Act, 1872 and that Section 74 of the Contract Act would only apply if the contract is of such a … Ex PW-1/2; (iii) photographs as Ex PW-(Colly); (iv) legal notice dated 14.08.2006, reply dated 22.08.2006 and rejoinder dated 31.08.2006 alongwith proof of their dispatch as collectively Ex PW-1/4.7. Plaintiff has also examined his partner Sh. Kuldeep as

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 … birth.3. A letter was issued by the appellant No. 5, Director, Land Records and Measurement, Jharkhand, Ranchi, on 31.03.2010, which has been brought on record as Annexure-2 to the present memo of appeal, directing all the Settlement

Tehri Hydro Development Corporation Ltd. Vs. Lanco Construction Ltd.

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 31(7), 34 and 34(2); Indian Contract Act, 1872 - Sections 62; Interest Act, 1978

Reported in : 2007(3)ARBLR194(Delhi); 2007(97)DRJ213

contract value is enhanced then the original contract undergoes novation in terms of Section 62 of the Indian Contract Act, 1872 and it is the novated contract value which has been considered for the purpose of Clause 34(iii) of … interest. It was contended by Mr. Dwivedi that the award has been made under the 1996 Act. Section 31(7)(a) provides that unless there is agreement to the contrary, the arbitrator shall have power to award interest at

Mhow Hosiery Pvt. Ltd. Vs. Jitendra

Court : Madhya Pradesh

Subject : ServiceLabour and Industrial

Acts : Madhya Pradesh Industrial Relations Act, 1916 - Sections 31(3), 61, 62 and 86; Industrial Dispute Act; Indian Contract Act, 1872 - Sections 16, 16(2), 13(3) and 19A; Constitution of India - Article 14

Reported in : [2005(106)FLR889]; 2005(3)MPHT279

law the employment of service is a contract between employer and employee and the Section 19A of the Contract Act, 1872 gives power to set aside contract induced by undue influence which has been defined under Section 16 of … also received the Provident Fund and gratuity.4. Thereafter he filed an application before the Labour Court, Indore under Section 31 (3), 61, 62 and 86 of the MPIR Act, 1916 mentioning that he was an employee of the