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M/S. Raptakos Brett and Co. Ltd. Vs. Ganesh Property

Court : Supreme Court of India

Subject : Tenancy

Acts : Partnership Act, 1932 - Sections 56, 57, 58, 59 and 69(2); Transfer of Property Act - Sections 4, 5(1), 108, 111 and 116; Code of Civil Procedure (CPC) - Sections 80 - Order 7 Rules 11 and 13 - Order 23 Rule 1 - Order 40 Rule 1; Indian Arbitration Act, 1940 - Sections 8(2); Karnataka Cinemas (Regulation) Act - Rule 6; Indian Railways Act - Sections 77; Indian Contract Act, 1972; Indian Contract Act, 1872 - Sections 1; Companies Act, 1913 - Sections 171; Limitation Act, 1963

Reported in : 1998VIIAD(SC)37; AIR1998SC3085; (1999)1CALLT22(SC); 1999(1)CTC175; JT1998(6)SC289; 1998(5)SCALE195; (1998)7SCC184; [1998]Supp1SCR485

Indian Contract Act, 1972. Our attention, in this connection, also was invited to Section 1 of the Indian Contract Act, 1872 which provides that :'nothing herein contained shall affect the provisions of any Statute, Act or Regulation not hereby … Act itself provides that it is subject to the contract or local usage to the contrary and that Section 4 of the Property Act lays down that chapters and sections of this Act which relate to contracts shall

Oil and Natural Gas Commission and ors. Vs. Modern Construction and Co ...

Court : Gujarat

Subject : CivilContract

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 20; Contract Act, 1872 - Sections 4

Reported in : AIR1998Guj46; (1997)3GLR1855

provisions of Section 20(c) of the Code of Civil Procedure, 1908 (C.P.C.) and Section 4 of the Indian Contract Act, 1872 (Act) are the legal questions in focus in this batch of First Appeals.2. Which is the place of

The Secretary of State for India Vs. Bhaskar Krishnaji Samant

Court : Mumbai

Subject : Civil

Reported in : AIR1925Bom485; (1925)27BOMLR973

in case of a breach of the conditions thereof may, notwithstanding anything in Section 74 of the Indian Contract Act, 1872, be recovered from him in case of such breach as if it were an arrear of land-revenue.16. It … 1 P. M. The plaintiff submitted a tender in the standard form for several coupes, including coupe No. 4 in Block No. XIX before 1 P. M. on August 5. He offered to take up that particular

Andritz Oy, Rep. Through Power of Attorney Agent, Mr. Siraj Ahmad Vs. ...

Court : Chennai

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 2(1), 7, 7(1), 7(2), 7(3), 7(4), 7(5), 8, 11(6), 16, 16(1), 44 to 52, 53 and 54 - Schedule - Article 11(2) and 11(3); Companies Act, 1956 - Sections 2(35), 3, 3(1), 26, 28, 31, 36, 39, 40, 79 and 82; Transfer of Property Act; Arbitration Act, 1940 - Sections 7, 8(2) and 47(1); Contract Act, 1872 - Sections 2, 19, 19A, 20, 23 to 30, 35, 36 and 56; Code of Civil Procedure (CPC) , 1908 - Order 6, Rules 2 and 4 - Order 7, Rule 14(1); United Nations Commission on International Trade Law, 1985; United Nations Commission on International Trade Law Conciliation Rules, 1980; Arbitration of the International Chamber of Commerce Rules

Reported in : 2007(3)ARBLR545(Madras)

would perish along with the main contract, we may have to take recourse to the provisions of the Contract Act, 1872.38. The Contract Act, 1872, among other things, deals with--(1) valid and enforceable contracts; (2) voidable contracts; (3) contracts … V. Ramasubramanian, J.1. This is an application taken out by the first defendant in the suit, under Section 45 of the Arbitration and Conciliation Act, 1996, seeking to refer the parties to the present suit CS … application taken out by the first defendant in the suit, under Section 45 of the Arbitration and Conciliation Act, 1996, seeking to refer the parties

Shivam Construction Co. and ors. Vs. Vijaya Bank, Ahmedabad and ors.

Court : Gujarat

Subject : ContractLimitation

Acts : Indian Limitation Act, 1963 - Schedule - Articles 1 and 18; Partnership Act, 1932 - Sections 18, 19, 19(2) and 26; Indian Contract Act, 1872 - Sections 171; Evidence Act, 1872 - Sections 114; Code of Civil Procedure (CPC), 1908 - Sections 96; Bankers' Books Evidence Act, 1891 - Sections 4; Banking Regulation Act, 1949 - Sections 21, 21(2), 22 and 35A

Reported in : AIR1997Guj24; (1997)1GLR774

at this stage appropriate to have a close look into the provisions of Section 171 of the Indian Contract Act, 1872. Section 171 of the said Act reads as under:'171. General lien of bankers, factors wharfingers, attorneys and policy-brokers. --Bankeres, … has placed reliance on the certified true copy of the current account of defendant No. 1 firm under Section 4 of the Bankers' Books Evidence Act 1891. The certified true copy from the current account is produced and

Gulbanu Razack Vs. Assistant Commissioner of Income-tax (investigation ...

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 80C, 80L, 132, 132(1), 132(4), 132(4A), 132(5), 132(7), 132(11), 132(12), 132B, 132B(3), 132B(4), 244A, 297 and 297(2); Interest Act, 1978 - Sections 4; ;Indian Contract Act, 1872- Sections 73

Reported in : [1990]186ITR226(AP)

be awarded as damages on the basis of the common law principles enshrined in section 73 of the Contract Act, 1872. 27. The position may be unfortunate for plaintiffs but unless and until the legal position as to the … equity jurisdiction of the court as also under the provisions of the Interest Act, 1978, and, in particular, section 4(1) of that Act which preserves the right of parties to claim interest outside the provisions of the Interest

Corporation Bank Vs. Mohandas Baliga

Court : Karnataka

Subject : Contract

Acts : Evidence Act, 1872 - Sections 34; Bankers' Books Evidence Act, 1891 - Sections 4; Contract Act, 1872 - Sections 23, 133, 134, 135, 139 and 141

Reported in : ILR1993KAR201; 1993(1)KarLJ308

and 11.1 of the Judgment, therefore, it is necessary to reproduce the same:'9. Chapter VIII of the Indian Contract Act, 1872, (hereinafter referred to as the 'Act') deals with indemnity and guarantee. Section 124 defines the expression 'Contract of … dated and subscribed by the principal accountant or Manager of the Bank with his name and official title. Section 4 of the very same Act provides mode of proof of entries in Bankers' Books. It provides that subject

Kaju Devi and anr. Vs. H.S. Rudrappa Alias Rudy and ors.

Court : Karnataka

Subject : Civil

Acts : Karnataka Rent Control Act, 1961 - Sections 31; Partnership Act, 1932 - Sections 69; Evidence Act - Sections 120; Indian Contract Act, 1872 - Sections 181 and 182; Transfer of Property Act, 1882 - Sections 106(4); Code of Civil Procedure (CPC) - Order 3, Rules 1 and 2 - Order 18, Rule 2 - Order 20, Rule 12; Constitution of India - Articles 141, 363 and 366(22)

Reported in : ILR2005KAR4370; 2006(2)KarLJ551

Order 18 Rule 2 CPC read with Section 120 of the Evidence Act and Section 182 of Indian Contract Act, 1872, which provisions do not prohibit the GP.A. Holder of plaintiffs to examine himself as a witness in the … this case : [1971]3SCR9 . : [1992]198ITR297(SC) , : AIR2003SC724 , AIR 2004 SC 2890, AIR 2004 SC 4778 strong reliance is placed by him upon the decision reported H.M. Maharaja Dhiraja Madhav Rao Jivaji Rao Sindia

M/S. Shyam Biri Works Pvt. Ltd. Vs. U.P. Forest Corporation and Anothe ...

Court : Allahabad

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 4, 56 and 74; Constitution of India - Article 226; Evidence Act, 1872 - Sections 115; Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972

Reported in : AIR1990All205; (1990)3UPLBEC1643

of the Corporation that it was paralysed in finalising the contract. The terms of S. 56 of the Contract Act, 1872, apply to the present case.35. Section 56 lays a positive rule relating to frustration and does not leave … and 2 within two days from today. Office shall handover dasti summons to the petitioner. Office shall fix 4th October, 1989 as the date on which the petition shall be taken up for admission. In case the

Trimex International Fze Ltd. Dubai Vs. Vedanta Aluminium Ltd., India

Court : Supreme Court of India

Subject : ArbitrationContract

Acts : Arbitration and Conciliation Act, 1996 - Sections 4, 7 and 11(6); Contract Act, 1872 - Sections 4 and 7

Reported in : JT2010(1)SC474; 2010(1)SCALE574; (2010)3SCC1; 2010(2)LC655(SC)

by the respondent, which has already been extracted supra, satisfies the requirements of Section 4 of the Indian Contract Act 1872. Section 4 reads as under:Communication when complete-The communication of an acceptance is complete...as against the acceptor, when it comes to