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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 … Section 40 and 41 of the Administration of Evacuee Property Act (Act No. XXXI of 1950), or under Section 38 of the Ordinance No.XXVII of 1949 which was in force then. According to him, since it was an

S.K. JaIn Vs. State of Haryana and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 16, 31(1), 31(8) and 38; Indian Contract Act, 1872 - Sections 23 and 28; Rent Control Act; Constitution of India - Article 226

Reported in : JT2009(7)SC128; 2009(4)MhLJ719(SC); 2009(3)SCALE236; (2009)4SCC357; 2009AIRSCW1934; 2009(3)LHSC2031

It is also submitted that the contract is in conflict with Sections 23 and 28 of the Indian Contract Act, 1872 (in short the `Contract Act').5. Learned Counsel for the respondents on the other hand supported the judgment of … logic in it. It is balancing factor to prevent frivolous and inflated claims. INDIAN CONTRACT ACT (9 of 1872) Section 23: [Dr. Arijit Pasayat, V.S. Sirpurkar & Asok Kumar Ganguly, JJ] Arbitration agreement - Agreement clause providing for … (7) of Clause 25-A of the agreement was in conflict with the provisions of Section 31(8) read with Section 38 of the Act. It was submitted that the costs involved cannot be more than Rs. 20 crores and,

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. … remedies of the true owner entitled to transfer but who has not done so, could be many. Under Section 38 of TP Act, a person who is authorized to transfer property only under specific conditions, but transfers the

Mr. Guna Krishna Gauns and Mrs. Lakshimi Guno Gauns Vs. Mr. Antonio Jo ...

Court : Mumbai

Subject : Property

Acts : 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

Reported in : 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

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 … or of any breach of any rules pertaining to service or conduct or non-performance of his duties. Rule 38 prescribes the procedure for imposing a major penalty and sets out in detail how a disciplinary inquiry is

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

Court : Supreme Court of India

Subject : Arbitration

proposal to arbitrate, and not an unequivocal acceptance of the terms of the agreement. Section 7 of the Contract Act, 1872 requires the acceptance of a contract to be absolute and unqualified [Dresser Rand S.A. v. Bindal Agro Chem … that it is not properly stamped, it should be impounded and dealt with in the manner specified in Section 38 of the Stamp Act. The court cannot act upon such a document or the arbitration clause therein. But

Jakson Engineers Pvt. Ltd. Vs. Delhi Development Authority and ors.

Court : Delhi

Subject : Property

Acts : Arbitration Act, 1940 - Sections 20 and 38; Indian Contract Act, 1872 - Sections 51 and 52; Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981; Specific Relief Act, 1963 - Sections 19; Limitation Act - Schedule - Article 54

Reported in : 2003VIIIAD(Delhi)461; 2004(1)CTLJ185(Del); 107(2003)DLT272

. 24. In this behalf, learned counsel has referred to the provisions of Section 51 of The Indian Contract Act, 1872 ( hereinafter to be referred to as, `the said Act' ), which is as under :-' 51. Promisor … specific performance of the contract. 32. Learned counsel for the DDA has also referred to the provisions of Section 38 of the said Act, which is as under :-' 38. Effect of refusal to accept offer of performance.

Rajbir Singh & Anr vs.jaswant Yavdav

Court : Delhi

Subject : Land Acquisition

judgment, and these paras read as under:-"―38. Here, the court would refer to Section 74 of the Indian Contract Act, 1872 which lays down the law with respect to compensation for breach of contract where a sum is named

Anoop Singh vs.gopal Krishan Bhuradia & Anr

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 … the... RESPONDENTS-Defendants on 13.5.1994 to sell the landed property owned by the... RESPONDENTS and a sum of Rs. 38,00,000/- was paid by the Appellants as deposit or earnest money on the execution of the agreement. In that

m.c. Luthra vs.ashok Kumar Khanna

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 … the... RESPONDENTS-Defendants on 13.5.1994 to sell the landed property owned by the... RESPONDENTS and a sum of Rs. 38,00,000/- was paid by the Appellants as deposit or earnest money on the execution of the agreement. In that