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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 … filed, the suit was registered as CS (OS) 936-A/1997 whereupon NBCC-respondent has filed objections under Sections 30 and 33 of the Arbitration Act, 1940 read with Section 151, CPC which were registered as is No. 5618/1997.5. Vide

Shiva Jute Baling Limited Vs. Hindley and Company Limited

Court : Supreme Court of India

Subject : ContractArbitration

Acts : Indian Contract Act, 1872 - Sections 73 and 74; Arbitration Act, 1940 - Sections 33 and 35; Arbitration (Protocol and Convention) Act, 1937 - Sections 7

Reported in : AIR1959SC1357; [1960]1SCR569

arbitrators had purported to award such damages as could not be done under the provisions of the Indian Contract Act, 1872. Both these contentions were negatived by the learned Single Judge and he ordered the award to be filed … costs to the respondent. 15. Appeal dismissed. The case debated on whether the award made by arbitrators under Section 33 of the Arbitration Act, 1940, could be held invalid under provisions of Section 35 of the Act, where

Iti Limited Vs. Alphion Corporation

Court : Karnataka

Subject : Land Acquisition

term “agreement” is not defined in the Arbitration Act, albeit it is defined in Section 10 of the Contract Act, 1872 (for short “the Contract Act”), [ “10. What agreements are contracts.-All agreements are contracts if they are made … whole balance of the award would have been altered and its effect would have been different. (emphasis added) 33. Third, it is trite that mere errors of law or even fact are not sufficient to warrant setting

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 … 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 judgment dated

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 … As we are both agreed that the cross-objections fail, they are dismissed with costs. (The italics are mine). 33. It is as well at this point to quote also Section 75 and Section 7 of the Indian

M/S Versatile Commotrade Private Limited vs.smt Kesar Devi and Ors

Court : Delhi

Subject : Land Acquisition

to Sell would have to be analyzed and determined as per Section 73 and 74 of the Indian Contract Act, 1872. The law on this subject has been settled by the Constitution Bench decision of the Supreme Court in … the time of registration of Sale Deed.7. That the first party/ies assure that the sale is clear of section 33, 81 DLR ACT.8. That If the first party/ies fails to execute the Sale Papers/ Sale CS(OS) 143/2018 Page

Smt. Khamarunnisa Vs. Mudalappa

Court : Karnataka

Subject : CivilContract

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100; Prevention of Fragmentation of Consolidation of Holding Act; Specific Relief Act, 1963 - Sections 21; Indian Contract Act, 1872 - Sections 73; Karnataka Stamp Act, 1957 - Sections 33 and 35; Limitation Act - Schedule - Article 113

Reported in : ILR2003KAR4535

under this section, the Court shall be guided by the principles specified in Section 73 of the Indian Contract Act, 1872 (9 of 1872).(5) No compensation shall be awarded under this Section unless the plaintiff has claimed any such … being read in evidence on the ground that it was not duly stamped because in any event under Section 33 of the Stamp Act it is obligatory upon the Court to impound the document and recover duty and

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 … to it and otherwise recover it by execution of this Judgment. (A) ARBITRATION ACT, 1949 - SECTIONS 30, 33 - Award passed by the Arbitrator confirmed by Civil Court - Same challenged in High Court on the

U.P. Rajkiya Nirman Nigam Ltd. Vs. Indure Pvt. Ltd. and Others

Court : Supreme Court of India

Subject : ContractArbitration

Acts : Indian Contract Act, 1872 - Sections 3, 4, 7, 10, 31, 32 and 33; Arbitration Act, 1940 - Sections 2 and 33; Constitution of India - Articles 125 and 126

Reported in : 1996IIAD(SC)318; AIR1996SC1373; 1996(1)ARBLR236(SC); JT1996(2)SC322; 1996(2)SCALE247; (1996)2SCC667; [1996]2SCR386; 1996(2)LC48(SC)

did not sign it but acted upon it which amounts to indirect acceptance'.7. Section 3 of the Indian Contract Act, 1872 envisages communication of proposal, acceptance of proposal and the revocation of the proposal and acceptance. Communication of proposal … 1992 by the Delhi High Court in O.M.P. No. 62 of 1992.3. The appellant filed an application under Section 33 of the Arbitration Act, 1940 [for short, 'the Act'] for declaration that there exist no agreement between the

Oswal Spinning and Weaving Mills Vs. Collector of Customs and Calcutta

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (1989)(21)LC125Tri(Delhi)

of Port Trust Authority is that of a bailee under Sections 151, 152 and 161 of the Indian Contract Act, 1872, omitting the words "in the absence of any special contract" in Section 152 of that Act, But in … corporate having perpetual succession and a common seal with power to acquire, hold or dispose of the property.Section 33 of the Act enables the Board to enter into or perform any contract necessary tor the purpose of