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Percept D'Markr (India) Pvt. Ltd. Vs. Zaheer Khan and Anr.

Court : Supreme Court of India

Subject : ArbitrationContract

Acts : Indian Contract Act, 1872 - Sections 27; Companies Act, 1956; Arbitration and Conciliation Act, 1996 - Sections 9 and 36; Specific Relief Act, 1963 - Sections 14, 14(1), 41 and 42; Arbitration and Conciliation Rules

Reported in : AIR2006SC3426; 2006(2)ARBLR34(SC); 2006(2)AWC1869(SC); 2006(5)BomCR322; (2006)5CompLJ224(SC); 2006(1)CTLJ100(SC); (2006)4MLJ1695; 2006(3)SCALE324; (2006)4SCC227

Pvt. Ltd. and the respondent No. 1 - Zaheer Khan is void under Section 27 of the Indian Contract Act, 1872 has been in restraint of trade. It was submitted by learned senior counsel for the appellant - Mr. … dispute between the parties regarding the enforceability of the said clause would come under the provision of Clause 32(g) of the agreement which provides for resolution of any claim or controversy pertaining to the agreement through the

Satyabrata Ghose Vs. Mugneeram Bangur and Co. and anr.

Court : Supreme Court of India

Subject : PropertyContract

Acts : Indian Contract Act, 1872 - Sections 32 and 56

Reported in : AIR1954SC44; (1954)IMLJ41(SC)

concerned, they must look primarily to the law as embodied in sections 32 and 56 of the Indian Contract Act, 1872.' 12. We hold, therefore, that the doctrine of frustration is really an aspect or part of the law … English law these cases are treated as cases of frustration, in India they would be dealt with under Section 32 of the Indian Contract Act which deals with contingent contracts or similar other provisions contained in the Act.

M/S.Latif Estate Line India Ltd. Vs. Mrs. Hadeeja Ammal and ors.

Court : Chennai

Subject : Constitution

Acts : Constitution of India - Article 226; Registration Act - Sections 32-A, 17, 34, 22-A; Specific Relief Act, 1963 - Section 31; Tamil Nadu Bhoodan Yagna Act, 1958 - Section 3

Reported in : AIR2011Mad66(FB)

in a case of sale deed. In this context, we may refer to Section 62 of the Indian Contract Act, 1872 which provides that contract which need not be performed. By that provision, any novation, rescission and alteration of … deed, if presented for registration, Registering Officer is bound to register the same if the other provisions like Section 32-A of the Registration Act are complied with. iii) The Registering Officer is obliged legally to reject and to

Court of Wards Dada Siba Estate and anr. Vs. Raja Dharan Dev Chand

Court : Punjab and Haryana

Subject : PropertyContract

Acts : Contract Act, 1872 - Sections 32 and 56; Transfer of Property Act - Sections 108; Code of Civil Procedure (CPC) , 1908 - Sections 16 and 20

Reported in : AIR1961P& H143

country are concerned, they must look primarily to the law as embodied in Section 32 and 56, Indian Contract Act, 1872.' These observations were referred to by Mukherjea J., as he then was, in, and the head-note (b), which

M. RamnaraIn Pvt. Ltd. and anr. Vs. the State Trading Corporation of I ...

Court : Mumbai

Subject : Commercial

Acts : Negotiable Instruments Act, 1881 - Sections 30, 32, 80 and 117; Companies Act, 1956; Indian Contract Act, 1872 - Sections 141; Constitution of India - Article 133; Transfer of Property Act, 1882 - Sections 76, 130 and 134; Code of Civil Procedure (CPC), 1908 - Order 37; Bills of Exchange Act, 1882 - Sections 55 and 57

Reported in : AIR1988Bom45; 1988(2)BomCR59

amount being satisfied. In the case of surety's liability under the Contract Act, Section 141 of the Indian Contract Act, 1872 prescribes that a surety is entitled to the benefit of every security which the creditor has against the … to make payment due under the agreement.10. The liability of acceptor of a bill is set out in Section 32 of the Negotiable Instruments Act, 1881. The acceptor of a bill of exchange by accepting it engages that

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 … Company Ltd., Delhi, I.L.R. All.166; Muhammad Habibullah v. RFA No.1014/2018 Page 14 of 43 Muhammad Shafi, I.L.R. All. 324; Bishan Chand v. Radha Kishan Das, I.D. 19 All.49. These cases are easily explained, for forfeiture of a

Superintendence Company of India (P) Ltd. Vs. Sh. Krishan Murgai

Court : Supreme Court of India

Subject : Service

Acts : Indian Contract Act, 1872 - Sections 27, 28 and 56

Reported in : AIR1980SC1717; [1980(41)FLR137]; (1981)ILLJ121SC; (1981)2SCC246; [1980]3SCR1278

illustrations (c) and (d) to Section 57 of the Specific Relief Act, 1963, despite Section 27 of the Contract Act, 1872 3. Whether, and to what extent, the provisions of Section 27 of the Contract Act are subject to … by the employer and in that behalf reliance was placed upon an English decision in Murray v. Clese 32 Law Times Old Series 89 where it was held that an agreement restricting competition with an employer 'after

Flowmore (P.) Ltd., New Delhi Vs. U.P. State Industrial Development Co ...

Court : Allahabad

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 18, 18(1, 2 and 8) and 32; Indian Contract Act, 1872 - Sections 55, 56 and 62; Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972 - Sections 3(1); Companies Act, 1956 - Sections 2(46), 3(1), 194(1) and 481; Constitution of India - Article 226; Income Tax Act, 1961 - Sections 41, 41(1) and 48(1); Foreign Exchange Regulation Act, 1973; Urban Land (Ceiling and Regulation) Act, 1976

Reported in : 2000(1)AWC493

whether the arbitration clause falls within a contract which becomes impossible of performance under Section 56 of the Contract Act, 1872. The principles laid down therein per majority are these-'(1) an arbitration clause is a collateral term of a … such cases would be treated as a case of frustration, in India they would be dealt with under Section 32. In a majority of cases, however, the doctrine of frustration is applied not on the ground that the

Abdul Satar Jaji Ibrahim Vs. Shah Manilal Talakchand

Court : Gujarat

Subject : Property

Acts : Administration of Evacuee Property Act, 1950 - Sections 2, 40 and 46; Administration of Evacuee Property Ordinance, 1949 - Sections 23 and 38; Indian Contract Act, 1872 - Sections 11, 31 and 32; Specific Relief Act, 1877 - Sections 18, 21 and 22

Reported in : AIR1970Guj12

thereby, or (2) for an unlawful object or consideration within the meaning of Section 23 of the Indian Contract Act, 1872, or (3) to a person legally disqualified to be transferee. It would follow from this provision that if … the agreement Ex. 28 was such which cannot be specifically enforced in view of the provisions contained in Section 32 of the Contract Act. Section 31 of the Contract Act defines a 'contingent contract' as a contract to

Sri Laxmi Co-operative Housing Society Ltd. Vs. G.V. Mohan and ors.

Court : Andhra Pradesh

Subject : Contract

Acts : Urban Land (Ceiling and Regulation) Act, 1976 - Sections 3, 5, 5(3), 6 to 10, 10(4), 20, 21, 26, 27, 28, 82, 83 and 132; Bombay Public Trusts Act, 1950 - Sections 80; Rajasthan Urban Improvement Act - Sections 52(1) and 52(2); Constitution of India - Article 226(2); Limitation Act - Schedule - Article 54; Transfer of Property Act - Sections 53A; Karnataka Land Reforms Act, 1962 - Sections 79.A(1) and 79.A(2); Contract Act, 1872 - Sections 23, 31 and 32; Andhra Pradesh Vacant Lands in Urban Areas (Prohibition of Alienation) Act, 1972 - Sections 4; Code of Civil Procedure (CPC) , 1908 - Sections 98 and 102 - Order 7, Rule 11

Reported in : 2006(1)ALD607

defendants that suit agreement is in the nature of contingent contract covered by Section 31 of the Indian Contract Act, 1872 and, therefore, it cannot be enforced. In essence, the case of the respondents 1 and 2 appears to … contended, the contract cannot become void, unless and until the event becomes impossible as can be seen from Section 32 of the Indian Contract Act, 1872.41. But, then, one question remains to be addressed. As discussed hereinabove, if