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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. … he can maintain a suit for declaration.27. In Kotrabassappaya v. Chenvirappaya 23 ILR 375 (Bombay) (D.B.), dealing with Section 39 of Specific Relief Act, 1877 (which is now Section 31 of the 1963 Act), a Division Bench 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 … imposing a major penalty and sets out in detail how a disciplinary inquiry is to be held. Rule 39 provides for action to be taken by the disciplinary authority on the report made by the Inquiring Authority.

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 … Hon’ble Apex Court in Associate Builders v. DDA, reported in [(2015) 3 SCC49 more particularly para 36 to 39 thereof which are reproduced hereunder for easy reference: Justice 36. The third ground of public policy is, if

Dr. P. Chattopadhyay Vs. the Institute of Cost and Works Accountants o ...

Court : Kolkata

Subject : ServiceConstitution

Acts : Cost and Works Accountants Act, 1959 - Sections 2, 3, 4, 4(1), 7(1), 7(2), 9, 12(2), 15, 15(1), 15(2), 16, 16(1), 17, 17(3), 20, 32(1), 39, 39(1), 39(2), 39(3), 39(4) and 47; ;Companies Act, 1956 - Sections 167 and 617; ;Constitution of India - Articles 12, 14, 16, 32, 36, 39, 41, 89, 188, 132, 133(1), 217(1), 226, 298, 308, 309, 311, 311(2) and 367; ;Contract Act, 1872 - Sections 16(1), 23 and 25; ;Industrial Employment (Standing Orders) Act, 1946; ;Air Corporation Act, 1853; ;Calcutta Port Act, 1890 - Sections 32 and 47; ;Societies Registration Act; ;Tamil Nadu Private Colleges (Regulation) Act, 1976; ;Government of India Act, 1935 - Section 240(3); ;Reserve Bank of India Act, 1934 - Section 58(1), 58(2) and 58(1)(2); ;General' Clauses Act, 1897 - Sections 14 to 16; ;Madras District Muni

Reported in : (1987)0CALLT179(HC)

and whether an unconsciable 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 … quoted, hereinbefore, read with Regulation 85(a) of the said Regulations as mentioned above and which were framed under Section 39 of the said Act, was alone competent to decide the matter in issue, but, instead of exercising such

Swastik Agency, Madras Vs. the Madras Port Trust and anr.

Court : Chennai

Subject : Commercial

Acts : Madras Port Trusts Act, 1905 - Sections 39, 39(3), 40, 40(1), 40(2), 95 and 95(4); Indian Railways Act, 1890; Indian Contract Act, 1872 - Sections 151, 152 and 161; Land Acquisition Act - Sections 18; Indian Income-tax Act - Sections 33-A(2)

Reported in : AIR1966Mad130; (1965)2MLJ113

Indian Railways Act, 1890, be that of a bailee under Ss. 151, 152 and 161 of the Indian Contract Act, 1872, omitting the words 'in the absence of any special contract' in S. 152 of the last mentioned Act. … the said finding.(6) I shall now take up for consideration the several aspects covered by point No. 1. Section 39 of the Port Trust Act (II of 1905, (hereinafter referred to as the Act) deals amongst other things

American Express Bank Ltd. Vs. Ms. Priya Puri

Court : Delhi

Subject : CivilBanking

Acts : Contract Act, 1872 - Sections 27; Specific Relief Act - Sections 14 and 41; Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1, 2 and 4

Reported in : [2006(110)FLR1061]; (2006)IIILLJ540Del

other country, it may not be permissible to import the principles enunciated in different environments and laws. The Contract Act,1872 is quite exhaustive even if it may not be a complete code dealing with all the eventualities pertaining … in the contract of her appointment is restraint of trade specially after her resignation and is prohibitive under Section 27 of the Contract Act and such restraint or restriction violates and seriously impinge upon the defendant's fundamental … Anil Kumar, J.1. This order shall dispose of Plaintiff's application under Order 39 Rules 1 and 2 of the Code of Civil Procedure and the

Tadepalli Kutumba Rama Sastry Vs. Seetepalli Dakshina Murthy and ors.

Court : Andhra Pradesh

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 38, 39 and 55

Reported in : AIR1960AP178

Contract Act as follows: 'The law applicable to the point is contained in Section 55 of the Indian Contract Act, 1872, which provides that - 'When a party to a contract promises to do a certain thing at or … and it is therefore not open to the defendant to question the imperative nature of the operation of Section 39 of the Contract Act in the circumstances of this case. 12. From the foregoing it follows that having

V.L. Narasu Carrying on Business Under the Name and Style of Narasu Pi ...

Court : Chennai

Subject : Contract

Acts : Contract Act, 1872 - Sections 39 and 56; Evidence Act, 1872 - Sections 101 to 103

Reported in : AIR1953Mad300; (1952)2MLJ832

which the said intention could be gathered. That is what is laid down in Section 39 of the Contract Act. Mere failure to perform a contract without more cannot be said to be a repudiation of it. It … and that both parties were released from their obligations thereunder. The repairs were in fact completed in August 1872. In --'Metropolitan Water Board v. Dick Kerr & Co. Ltd.', (1918) A C 119 the defendant agreed in

V.K. Kumaraswami Chettiar and ors. Vs. P.A.S.V. Karuppuswami Mooppanar

Court : Chennai

Subject : Commercial

Acts : Sale of Goods Act, 1930 - Sections 4 and 12; Contract Act, 1872 - Sections 38 and 39

Reported in : AIR1953Mad380; (1952)2MLJ785

given to one party--Effect;Section 39 of the Indian Contract Act (IX of 1872) is not applicable to a case when there is a refusal to … a repudiation giving a right to the seller to put an end to the contract under S. 39, Contract Act; that the plaintiff did not elect to do so with the result that the contract was kept alive … in breach and not the defendant.10. This argument is based on a misconception of the true scope of Section 39, Contract Act, and of the principles on which it is based. Where a contract is to be performed

Steel Brothers and Co. Ltd. and anr. Vs. Dayal Khatao and Co.

Court : Mumbai

Subject : Criminal

Reported in : (1923)ILR47Bom924

the contract, and may at once bring his action as on a breach of it: Indian Contract Act, Section 39; Frost v. Knight (1872) L.R. 7 Ex. 111. In the latter case, the repudiation operates as a waiver … in cases under the Factors Act in England, and in cases under Sections 108 and 178 of the Contract Act in India. But though this is the case it is open to the parties to a C. I. … it in the latter case would be to contravene the provisions of Section 92 of the Indian Evidence Act, 1872: Haji Mahomed Haji Jiva v. E. Spinner (1900) 24 Bom. 510 ; Ford v. Yates (1841) 2 Man.