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Wipro Limited Vs. Beckman Coulter International S.A.

Court : Delhi

Subject : Arbitration

Acts : Contract Act, 1872 - Sections 27 and 28; Arbitration and Conciliation Act, 1996 - Sections 9; Specific Relief Act, 1963 - Sections 41 and 42

Reported in : 2006(3)ARBLR118(Delhi); 2006(2)CTLJ57(Del); 131(2006)DLT681

clause. Fourthly, he mentioned that any restraint on employment would be vocative of Section 27 of the Indian Contract Act, 1872 and that the ratio of the decision in the case of Pepsi Foods Ltd and Ors. v. Bharat … India, Section 42 of the Specific Relief Act, 1963 prescribes that notwithstanding anything contained in clause (e) of Section 41, where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement shall

Sorabji Hormusha Joshi and Co. Vs. V.M. Ismail and anr.

Court : Chennai

Subject : Commercial

Acts : Indian Contract Act, 1872; Sale of Goods Act, 1930 - Sections 13(1), 15, 16, 16(2), 41 and 471; English Sale of Goods Act, 1893; Uniform Sales Act; Indian Sale of Goods Act, 1953; Sale of Goods and Partnership Act, 1950; Sale of Goods Act (India and Pakistan), 1957;

Reported in : AIR1960Mad520

these points is the same in England, U. S. A. and India.(7) Before the passing of the Indian Contract Act, 1872, the rules of English law, including those in the Statute of Frauds were applied within the limits of … and Co. Ltd. (1920) 1 KB 850; Hardy and Co. v. Hillerns and Fowler (1923) 2 KB 490.(20) Section 41 of the Act gives the buyer a right to inspection and unless he has had an opportunity of

Rajshree Sugars and Chemicals Limited Rep. by Its Director and Chief O ...

Court : Chennai

Subject : CommercialContract

Acts : Contract Act, 1872 - Sections 23, 24, 30 and 31; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 2, 17, 18 and 19(6) to 19(11); Specific Relief Act, 1963 - Sections 3, 37 and 41; Banking Regulation Act, 1949 - Sections 6(1), 6(2) and 35A; Specific Relief Act, 1887 - Sections 41 and 56; SARFAESI Act; Gaming Act, 1845 - Sections 18; Gaming (Amendment) Act, 1892; Bombay Forward Contracts Control Act; Forward Contracts (Regulation) Act, 1952; Securities Contracts (Regulation) Act, 1956 - Sections 2 and 18A; Reserve Bank of India Act, 1934; Foreign Exchange Regulation Act, 1973 - Sections 73(3); Foreign Exchange Management Act, 1999 - Sections 47(2); Reserve Bank of India (Amendment) Act, 2006 - Sections 45U, 45V, 45V(1), 45V(2), 45W and 45X; Civil Proc

Reported in : 2008BusLR908; 2009(1)CTC227; (2008)8MLJ261

inter alia -(a) that it is nothing but a 'wagering contract' hit by Section 30 of the Indian Contract Act, 1872; (b) that it was not supported by an underlying exposure and hence violative of the Master Circulars and … 1993; (b) that no injunctive relief of the nature prayed for, can be granted in view of Section 41(b) of the Specific Relief Act, 1963; (c) that the transactions in derivatives, have the sanction of law and

Hardip Kaur Vs. Kailash and Another

Court : Delhi

Subject : Land Acquisition

other findings of the Trial Court mentioned in paras 13 and 15 above. 18. Section 202 of the Contract Act, 1872 Section 202 of the Contract Act, 1872 provides that the Power of Attorney coupled with interest is irrevocable and … placed by learned counsel on Raju Roy and Ors. v. Kasinath Roy and Ors., AIR 1956 Pat 308. 41. Itis no doubt true that the appropriate course of action for the defendant would have been to either

V. Sadasivan and 36 Others Vs. Binny Limited Represented by Its Chairm ...

Court : Chennai

Subject : Labour and industrial

Acts : Constitution of India, Articles 8, 12, 14, 21, 39, 41 and 226 -- Constitution of India -- Article 12 -- Rule 9(1) Indian Contract Act, 1872 -- Sections 23; Industrial Disputes Act, 1947 -- Sections 2, 12(3), 18(1), 25-F, 25-N, 25-O, 25J and 25II Companies Act, Sections 617; Indian Tourism Development Corporation (Conduct, Discipline and Appeal) Rules 1878 -- Rule 31 (v)

Reported in : 1998(1)CTC1; [1998(79)FLR97]

dearness allowance. Their Lordships of the Apex Court held that such a clause offends Section 23 of the Contract Act, 1872 as being opposed to public policy and, therefore, void besides being ultra vires of Article 14 and further … besides being ultra vires of Article 14 and further violative of directive Principles contained in Articles 39(a) and 41 of the Constitution of India. As against the attempt of the learned counsel for the petitioners, who invited

Gea Energy System India Ltd. Vs. Germanischer Lloyd Aktiengesellschaft

Court : Chennai

Subject : Company

Acts : Indian Contract Act, 1872 - Sections 27; Specific Relief Act, 1963 - Sections 14, 41 and 42; Companies Act, 1956; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2; Companies Regulation - Regulation 73(2)

Reported in : [2009]149CompCas689(Mad)

take cognisance of such a merger that had taken place behind their back.19. Section 27 of the Indian Contract Act, 1872, reads as follows:27. Agreement in restraint of trade void.--Every agreement by which anyone is restrained from exercising a … venture business, the respondent-company also will have to share 50 per cent. loss. To invoke the provisions under Section 41 of the Specific Relief Act, the joint venture agreement should be in vogue. But, here, in this case,

Sai Baba Vs. Md. Kareem Khan

Court : Andhra Pradesh

Subject : ContractProperty

Acts : Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960; Special Relief Act - Sections 6; Rent Control Act - Sections 10; Indian Contract Act - Sections 17; Evidence Act,1872 - Sections 40, 41, 42 and 44; Constitution of India - Articles 133, 226 and 227; Code of Civil Procedure (CPC) - Sections 115

Reported in : 2003(3)ALD403

to evict them. 19. I will now deal with the aspect of fraud. Section 17 of the Indian Contract Act states that fraud means and includes the active concealment of a fact by a party having knowledge or … party to a proceeding can establish that any judgment, order or decree, which is relevant under Sections 40, 41 or 42 of the Act, was obtained by fraud or collusion. 20. The apex Court in S.P.CHENGALVARAYA NAIDU

Madeshwara Cargo Movers Vs. Hindustan Cocoa Products Ltd. and anr.

Court : Mumbai

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 41, Rule 27; Evidence Act, 1872 - Sections 12; Contract Act, 1872 - Sections 73

Reported in : 1993(2)BomCR154; (1993)95BOMLR391

West Punjab Factories Ltd., : [1966]1SCR580 affirmed the long standing rule embodied in section 73 of the Indian Contract Act, 1872. In so doing it said --'It is well settled that it is the market price at the time … Court to be just and reasonable - appeal dismissed. - CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974]. Section 41: [ Swatanter Kumar, CJ, Smt Ranjana Desai & D.B. Bhosale, JJ] Arrest of accused - Held, A Police

Citi Bank N.A. Vs. Standard Chartered Bank and ors.

Court : Supreme Court of India

Subject : CommercialBanking

Acts : Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992; Indian Contract Act - Sections 41, 62 and 63; Constitution of India - Article 142; Evidence Act, 1872 - Sections 114

Reported in : AIR2003SC4630; I(2004)BC211(SC); [2003]117CompCas554(SC); (2004)1CompLJ121(SC); 2004(2)CTC374; JT2003(10)SC597; 2003(8)SCALE364; (2004)1SCC12; [2003]47SCL582(SC); 2004(1)LC

of these facts, let us now consider the effect of Section 41, 62 and 63 of the Indian Contract Act, 1872. The same are reproduced here under for ready reference:'41. Effect of accepting performance from third person. - When

Union of India (Uoi) Vs. Raman Iron Foundry Overruled

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 41; Transfer of Property Act - Sections 6; Indian Contract Act, 1872 - Sections 74

Reported in : AIR1974SC1265; (1974)2SCC231; [1974]3SCR556; MANU/SC/0005/1974

the respondent all throughout. Arbitration - interpretation - Section 41 of Arbitration Act, 1940, Section 74 of Indian Contract Act, 1872, Section 6 of Transfer of Property Act and Indian Law - interpretation of Clause 18 of General Conditions of