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Nagnath Kaulwar and Sons Vs. Govindram Shyamsunder

Court : Mumbai

Subject : Contract

Acts : Contract Act, 1872 - Sections 73 and 226; Sale of Goods Act, 1930 - Sections 36 and 57

Reported in : AIR2004Bom271; 2004(4)ALLMR801; 2004(6)BomCR878

contentions of the learned counsel for the parties, it may be stated that Chapter 10 of the Indian Contract Act, 1872 deals with appointment and authority of agents. Section 182 defines 'agent' and 'principal'. An agent is a person … to claim damages of loss sustained by him on account of breach of contract committed by the defendant. Section 36 of the Indian Sale of Goods Act deals with rules as to delivery and it contemplates as under

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. … at any time after the making of the arbitral award but before it is enforced in accordance with Section 36, apply to a Court-(i) for the appointment of a guardian for a minor or a person of unsound

Hukmi Chand Vs. Jaipur Ice and Oil Mills Co. and ors.

Court : Rajasthan

Subject : Commercial

Acts : Contract Act, 1872 - Sections 27; Partnership Act, 1932 - Sections 36, 54, 55 and 55(3); Evidence Act, 1872 - Sections 101 to 104; Transfer of Property Act, 1882 - Sections 40

Reported in : AIR1980Raj155; 1980()WLN200

reasonable or not, we will like to deal with the law codified in Section 27 of the Indian Contract Act, 1872 (hereinafter referred to as the Contract Act) and Sections 36, 54 and 55 of the Indian Partnership Act,

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 … property in favour of anon member. Therefore, the said sale is void. He further contended as per Clause 36 of the bye laws, the President, Secretary, Treasurer and three directors of the Society are authorised to sell

The Talmakiwadi Co-operative Housing Society Ltd. Vs. the Divisional J ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Maharashtra Co-operative Societies Act, 1960 - Sections 2(16), 4, 9, 13, 14, 17, 22(1), 23(1), 36, 72 and 166(2); Maharashtra Co-operative Societies Rules, 1961 - Rules 10 and 13(1); Constitution of India - Article 19(1); Co-operative Society Act, 1925; Indian Contract Act, 1872; Societies Registration Act, 1860; Bombay Co-operative Societies Act, 1925; Transfer of Property Act, 1882 - Sections 10; Andhra Pradesh Co-operative Societies Act, 1964; Hindi Sahitya Sammelan Act, 1962

Reported in : 1999(1)ALLMR389; 1999(1)BomCR393

it has been provided that: (a) a person who is competent to enter into contract under the Indian Contract Act, 1872 would be eligible to become a member subject to his fulfilling certain requirements; (b) a minor or a … claim the fundamental right to form an association guaranteed to a citizen under Article 19(1)(c) of the Constitution. Section 36 of the Societies Act makes it clear that registration of the society confirms upon it a status of

ircon International Ltd. Vs. National Building Construction Corporatio ...

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2(1), 2(4), 7, 8, 34, 35, 36, 40(1), 41 and 43; Indian Contract Act, 1872 - Sections 23 and 28; Transfer of Property Act; Arbitration Act, 1940 - Sections 14, 17, 25 and 30; Code of Civil Procedure (CPC) , 1908 - Sections 47 - Order 21, Rule 1

Reported in : 155(2008)DLT2226

courts. If it were not so, then the ouster provision would be hit by Section 23 of the Contract Act, 1872 as being against public policy and also if permitted to operate it would defeat the provisions of the … the force of a decree under Section 35 of the Act and could as such, be executed under Section 36 of the said Act.11. The appellant relied upon Oil and Natural Gas Commission v. Collector of Central Excise

M/s. Kumaraswamy Mineral Exports and Another Vs. The Commercial Manage ...

Court : Karnataka Dharwad

Subject : Land Acquisition

voidable and not binding on the respondents. 6. On a plain reading of Section 22 of the Indian Contract Act, 1872, it is evident that a contract is not voidable merely because it was caused by one of the … It is contended that the present writ petition is misconceived and is not maintainable. That in terms of Section 36 of the Railways Act, 1989, any complaint as regards the Railway administration charging for the carriage of any

Pawan Hans Helicopters Ltd. Vs. Aes Aerospace Ltd.

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9, 17 and 36; Indian Contract Act, 1872 - Sections 182, 186 and 187; Sale of Goods Act, 1930 - Sections 4(3), 19, 19(1), 45, 46(1), 46(2), 51, 51(1), 51(2) and 54(2); Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 10

Reported in : 2008(2)ARBLR63(Delhi); 2008(103)DRJ174

be construed as agents of the respondent. Reference was also made to Sections 186 and 187 of the Contract Act, 1872 wherein it is provided that an agency can be inferred by the circumstances governing the relationship between the … at any time after the making of the arbitral' award but before it is enforced in accordance with Section 36, apply to a Court:(i) for the appointment of a guardian for a minor or person of unsound mind

Srinath Hegde, Bangalore and Others Vs. Bangalore Development Authorit ...

Court : Karnataka

Subject : Land Acquisition

right, title and interest to the subject land being voided in terms of Section 23 of the Indian Contract Act, 1872; that recognizing or encouraging such purchasers even while subject lands are already notified for acquisition under the BDA … Section 19, the Authority fails to execute the scheme substantially, the scheme shall lapse and the provisions of Section 36 shall become inoperative.” It places an obligation upon the Authority to complete the scheme within a period of

Central Inland Water Transport Corporation Limited and anr. Vs. Brojo ...

Court : Supreme Court of India

Subject : Service

Acts : Companies Act, 1956 - Sections 617; Constitution of India - Articles 1, 4, 12, 13, 14, 15, 16, 17, 18, 19, 19(1), 23, 32, 36, 37, 38, 38(1), 39, 40, 41, 42, 47, 51, 51-A, 53(1), 68, 73, 131, 141, 152, 154, 154(1), 162, 226, 298, 308, 311, 311(2), 366, 367(1), 370 and 372; Indian Contract Act, 1872 - Sections 16(1), 16(2), 19, 19-A, 23 and 24; Code of Criminal Procedure (CrPC) , 1973 - Sections 19\7; Central Inland Water Transport Corporation Ltd. (Service, Discipline and Appeal) Rules, 1979 - Rules 9 and 11; Indian Penal Code (IPC), 1908 - Sections 21

Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC); [1986] 2 SCR 178; AIR 1986 SC 157; MANU/SC/0439/1986

2) Whether an unconscionable term in a contract of employment is void under Section 23 of the Indian Contract Act, 1872, as being opposed to public policy and, when such a term is contained in a contract of employment … under investigation or trial. Rule 34 provides for payment of subsistence allowance during the period of suspension. Rule 36 sets out the different penalties which can be imposed on an employee for his misconduct. These penalties are