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Mahendra Pratap Singh (Deceased) and Another Vs. Smt. Padam Kumari Dev ...

Court : Allahabad

Subject : Property

Acts : Indian Contract Act, 1872 - Sections 183; Power of Attorney Act, 1882 - Sections 2; Advocates Act, 1961 - Sections 35; Code of Civil Procedure (CPC), 1908 - Sections 77 - Order 3, Rule 1 - Order X, Rules 2 and 4 - Order 26, Rules 7, 13 and 20 - Order 32, Rules 1 to 14, 15, 16 and 21 - Order 32A, Rules 1, 2 and 3; Evidence Act, 1872 - Sections 109 and 165

Reported in : AIR1993All143

for his perusal.71. Order accordingly. Contract - power of attorney and client counsel relationship - Section 183 of Contract Act, 1872, Section 2 of Powers of Attorney Act, 1882, Section 35 of Advocates Act, 1961, Order 32 A Rule 1

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 … s. 33 in this case cannot and does not cover any part of the subject-matter of the reference. Section 35 in consequence can have no application and the award cannot be assailed as invalid on the ground that

M.P.V. Sundararama Iyer and Company Vs. V.V.C.R. Murugesa Mudaliar

Court : Chennai

Subject : Contract

Acts : Sales of Goods Act, 1930 - Sections 35 and 54; Contract Act, 1872 - Sections 73 and 74

Reported in : AIR1957Mad228

of contract - Sections 35 and 54 of Sales of Goods Act and Sections 73 and 74 of Contract Act, 1872 - in suit for damages for breach of contract brought by seller under contract for sale of goods … the learned Judge observed: 'The wording in condition 4 of the suit contracts is what is contemplated in Section 35 by the words 'apart from, any express contract' In my view the express contract was that the seller

M/s N.n. Global Mercantile Private Limited Vs. M/s Indo Unique Flame L ...

Court : Supreme Court of India

Subject : Arbitration

H. THE SCHEME OF THE STAMP ACT ................................................................................................. 53 I. HINDUSTAN STEEL LIMITED ANALYSED ........................................................................................ 59 J.THE INDIAN CONTRACT ACT, 1872 - A SURVEY; DISSECTION OF GARWARE, VIDYA DROLIA AND N.N. GLOBAL ......................................................................................................................................... 64 K. THE STAMP ACT - … authoritatively settled by a Constitution Bench of five Judges of this Court: “Whether the statutory bar contained in Section 35 of the Stamp Act, 1899 applicable to instruments chargeable to stamp duty under Section 3 read with the

Phonographic Performance Ltd. Vs. Hotel Gold Regency and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 30, 33, 33(1), 33(3), 34, 34(1), 34(3), 35, 35(2), 51, 53A, 54, 55, 61, 61(1) and 62; Indian Contract Act, 1872 - Sections 188; Companies Act, 1956; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11

Reported in : AIR2009Delhi11; 151(2008)DLT210; LC2008(2)451; 2008(37)PTC587(Del)

was placed by the learned Counsel for the plaintiff on the provisions of Section 188 of the Indian Contract Act, 1872 which defines the extent of an agent's authority. An agent having authority to carry on a business, has … rights after making deductions for its own expenses; (d) perform any other functions consistent with the provisions of section 35 of the said act. The submission is that these rights of administration do not include the right to

Yanala Malleshwari and ors. Vs. Ananthula Sayamma and ors.

Court : Andhra Pradesh

Subject : Property

Acts : Indian Registration Act, 1908 - Sections 17 to 22, 17(1), 17(2), 23A, 32, 32A, 34, 35, 49, 58, 59, 60, 60(2), 61, 61(2), 69, 71, 72 and 77; Transfer of Property Act, 1882 - Sections 4, 5 to 34, 38 to 53A, 54 to 57, 59, 107, 123 and 126; Specific Relief Act, 1963 - Sections 13, 15, 17, 21, 31, 31(2), 33, 34 and 49; Indian Contract Act, 1872 - Sections 13, 14, 15, 16, 17, 18, 19, 20, 23, 25, 29 and 65; Evidence Act - Sections 73; Indian Stamp Act, 1899 - Sections 35; Specific Relief Act, 1877 - Sections 18, 34, 39 and 41; Indian Registration Act, 1866; Indian Registration Act, 1871; Indian Registration Act, 1877; Registration and Other Related Laws (Amendment) Act, 2001; West Bengal Land Reforms Act, 1955 - Sections 4B; Andhra Pradesh Stamp (Amendment) Act, 1922; General Clau

Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)

civil right to the buyer, if such sale is in accordance with entrenched common law principles. The Indian Contract Act, 1872, Specific Relief Act and Transfer of Property Act, essentially deal with, among others - the contract of sale. … or which is presented before the Registering Officer as a document optionally registrable. According to the learned counsel, Section 35 of the Registration Act contemplates only two situations when the Registering Officer can refuse a registration and the

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 … upon the Court to impound the document and recover duty and penalty as provided in proviso (a) to Section 35.' Therefore, the said decision is not of much help to the respondents. The ratio of the decision in

The Peerless General Finance and Investment Co. Ltd. Vs. Punjab and Si ...

Court : Delhi

Subject : Commercial

Acts : Companies Act, 1956; Letters Patent Act; Contract Act, 1872 - Sections 10, 20, 23, 29, 128; Evidence Act, 1872 - Sections 91 and 92; Banking Regulation Act, 1949 - Sections 21 and 35; Special Court (Trial of Offences relating to Transactions in Securities) Act, 1992; Civil Proceduer Code - Order 23, Rule 1(4) - Order 2, Rule 2

Reported in : 2008(1)CTLJ74(Del)

issued in respect of an inter-corporate advance. A reference was also made to Section 20 of the Indian Contract Act, 1872 (hereinafter referred to as the 'Contract Act') which provides that an agreement is void where both parties to … advances by banking companies and to give directions. In this behalf, reference was made to Sections 21 and 35A of the Banking Act. DW 2 in his affidavit of evidence has taken the stand that directions, intimations,

Panem Venkanarayana Sastry and ors. Vs. Rajupalli Chinna Yella Reddy

Court : Andhra Pradesh

Subject : Contract

Acts : Specific Relief Act, 1877 - Sections 25; Transfer of Property Act, 1882 - Sections 55(2); Contract Act, 1872 - Sections 35

Reported in : AIR1959AP256

Contract - suit for specific performance - Section 25 (b) of Specific Relief Act, 1877, Section 35 of Contract Act, 1872 and Section 55 (2) of Transfer of Property Act, 1882 - agreement of sale between plaintiff and defendant

The Hind Mercantile Corporation Ltd. Vs. Miryala Venkateswarlu and Co. ...

Court : Andhra Pradesh

Subject : Contract

Acts : Sale of Goods Act, 1930 - Sections 35; Indian Contract Act, 1872 - Sections 1; Forwards Contracts (Regulation) Act, 1952 - Sections 2

Reported in : AIR1959AP545

Contract - custom of trade - Sections 35 of Sale of Goods Act, 1930 and Section 1 of Contract act, 1872 - plaintiff engaged in business of groundnut oil - entered into contract with defendant to buy groundnut oil