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Ashok Mahansing Bajaj H.U.F. Vs. Elegant Pharmaceuticals Ltd. and Othe ...
Mumbai
Feb-14-2000
SICA
Code of Civil Procedure (CPC), 1908 - Order 37, Rules 2 and 3; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(2), 15, 16 and 22; Indian Contract Act, 1872 - Sections 17, 18, 25, 126, 127, 128, 140 and 141; Negotiable Instruments Act, 1881 - Sections 37; Industrial (Development and Regulations) Act, 1951; Companies Act, 1956
2000(2)ALLMR242; 2000(3)BomCR169; (2000)1BOMLR968; 2000(2)MhLj855
said bill of exchange as principal debtors. 'Contract of guarantee' is defined under section 126 of the Indian Contract Act, 1872 and so also 'surety', 'principal debtor' and 'creditor' are defined in the said section. Section 126 of the … acceptor of the said bills of exchange and the defendant Nos. 3 & 5 have been sued accordingly. Section 37 of the Negotiable Instruments Act, 1881 provides in unequivocal terms that drawer of bill of exchange until acceptance,
Tag this Judgment! AI Brief & AskSarala Devi and ors. Vs. Daya Ram and ors.
Delhi
Sep-08-1995
ContractCivil
Code of Civil Procedure (CPC), 1908 - Order 37; Indian Contract Act, 1872 - Sections 37; Specific Relief Act, 1963 - Sections 15
60(1995)DLT3; 1995(35)DRJ36
faith and without notice of the original contract.(8) In this context, Sections 37 and 40 of the Indian Contract Act, 1872 are also relevant. The said provisions are as follows:- '37.The parties to a contract must either perform, or … obtained within the time specified in the agreement. In the meantime on June 6, 1991 a notification under section 4 of the Land Acquisition Act, 1894 was issued in respect of the land in question. This was
Tag this Judgment! AI Brief & AskUnion of India (Uoi) Vs. Col. L.S.N. Murthy and anr. Overruled
Andhra Pradesh
Apr-27-2006
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 19, 24, 28, 28(1), 31, 34 and 37; Contract Act, 1872 - Sections 70; Code of Civil Procedure (CPC) , 1908; Evidence Act, 1872
2006(4)ALD368; 2006(4)ALT256; 2006(3)ARBLR552(AP)
be void, the Arbitrator was competent to grant the appropriate relief in terms of Section 70 of the Contract Act, 1872 and therefore the Award dated 6-6-2001 did not suffer from any infirmity warranting interference on any of the … G. Rohini, J.1. This appeal is preferred under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act') against the order dated 5-11-2004 in O.P.
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Mr. Guna Krishna Gauns and Mrs. Lakshimi Guno Gauns Vs. Mr. Antonio Jo ...
Mumbai
Dec-15-2008
Property
Mundkar Act; Specific Relief Act, 1963 - Sections 34 and 42; Contract Act, 1872 - Sections 37 and 38; Code of Civil Procedure (CPC) - Order 7, Rule 7
2009(111)BomLR716
offer made by the defendant No. 1 was conditional and therefore contrary to Section 38 of the Indian Contract Act, 1872.12. Section 37 of the Contract Act deals with obligation of parties to contract and states that the parties
Tag this Judgment! AI Brief & AskB. Bajranj NaraIn Vs. Shri Ram
Allahabad
Apr-10-1957
Tenancy
Tenancy Law; Uttar Pradesh Agricultural Tenants (Acquisition of Privileges) Act, 1949 - Sections 7; Contract Act, 1872 - Sections 37; Government of India Act, 1935 - Sections 107(2)
AIR1957All644
Legislature. This assumption does not appear to us to be well-founded. A reference to Section 37 of the Contract Act, 1872, Act IX of 1872, would indicate that there is repugnancy between the provisions of the Indian Contract Act
Tag this Judgment! AI Brief & AskKamal Gupta Vs. Bank of India
Delhi
Nov-01-2007
Civil
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 2, 2(2), 13(2) and 31; Contract Act, 1872 - Sections 37; Transfer of Property Act, 1882 - Sections 58 and 58A
AIR2008Delhi51; 2007(99)DRJ444
the liability but the liability is to the extent of the estate of the deceased inherited by them. Section 37 of the Contract Act, 1872 reads:37. Obligation of parties to contracts: The parties to a contract must either … between the borrower and the bank or the financial institution is created by a contract under the Indian Contract Act, 1872. Promise made by the promisor is binding on his representatives in case of his/her death, unless a contrary
Tag this Judgment! AI Brief & AskM. RamnaraIn Pvt. Ltd. and anr. Vs. the State Trading Corporation of I ...
Mumbai
Sep-09-1987
Commercial
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
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 … against the claim made by Shri Cooper is the fact that after institution of the suit under Order XXXVII of the Code of Civil Procedure, 1908, the plaintiffs took out Summons for judgment on November 25, 1970
Tag this Judgment! AI Brief & AskShri Prabhubhai Jadhavji Rathod Vs. Union of India (Uoi) Through Its A ...
Mumbai
Feb-28-2008
ArbitrationContract
Arbitration and Conciliation Act, 1996 - Sections 34 and 37; Contract Act, 1872 - Sections 55, 56 and 73; Code of Civil Procedure (CPC) - Sections 96; Maharashtra Contract Labours (Regulation and Abolition) Rules, 1971 - Rule 21
2008(3)ALLMR35; 2008(3)ARBLR204(Bom); 2008(4)BomCR594; (2008)110BOMLR852; 2008(4)MhLj238
country question of delay in performance of contract is governed by Sections 55 and 56 of the Indian Contract Act, 1872. If there is an abnormal rise in prices of material and labour, it may frustrate the contract and … B.P. Dharmadhikari, J.1. This First Appeal filed under Section 37 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as Act) challenges the judgment and order dated 16/6/2007
Tag this Judgment! AI Brief & AskSasidharan Nair Vs. the Trivandrum Co-op. Urban Bank Ltd. and ors.
Kerala
Jan-20-2009
Trusts and Societies
Kerala Co-operative Societies Act, 1969 - Sections 37 and 37(1); Indian Contract Act, 1872 - Sections 23; Code of Civil Procedure (CPC) , 1908 - Sections 60 and 60(1); Kerala Co-operative Societies Rules, 1969 - Rule 77; Constitution of India - Article 21
2009(2)KLJ112
agreement does not fall within any of the vitiating elements referred to in the provisions of the Indian Contract Act, 1872 or elsewhere relating to contracts. Pausing for a movement on Section 23 of the Contract Act, it can … availed by the third respondent from the first respondent, a cooperative bank. He executed an agreement to which Section 37 of the Kerala Co-operative Societies Act, 1969, hereinafter referred to as the 'KCS Act', applies. Thereby, the creditor
Tag this Judgment! AI Brief & AskJyotsna K. Valia Vs. T.S. Parekh and Co.
Mumbai
Apr-26-2007
Contract
Indian Contract Act, 1872 - Sections 2, 2(1), 7, 9, 10, 25, 25(3) and 70; Limitation Act - Sections 18 and 19; Bombay Stamp Act, 1958 - Sections 33, 34 and 37; Indian Stamp Act, 1899 - Sections 35; Central Sales Tax Act; Arbitration Act, 1940 - Sections 2; Sale of Goods Act; Marine Insurance Act; Specific Relief Act; Limitation Act, 1908 - Sections 19 - Schedule - Article 64; Code of Civil Procedure (CPC) , 1908 - Order 37, Rules 1, 2 and 2(2)
2007(4)ALLMR718; 2007(3)BomCR772; 2007(4)CTC257; 2007(4)MhLj517; 2007(5)AIRKarR180; AIR2007NOC2237(FB)(Bom)
need to be considered. Let us first understand the expression 'Contract in Writing' Section 10 of the Indian Contract Act, 1872 as reproduced below sets out, what agreements are contracts:10. What agreements are contracts. All agreements are contracts if … is maintainable.On the aspect of the document being properly stamped, it is submitted that considering Sections 33 and 37 of the Bombay Stamp Act, in respect of the documents not sufficiently stamped, on paying the penalty, the
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