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Mathuradas Canji Matani Vs. Ebrahim Fazalbhoy

Court : Mumbai

Subject : Civil

Reported in : AIR1927Bom581; (1927)29BOMLR1296

rule, it is necessary to refer to Sections 42, 43 and 45 of the Indian Contract Act of 1872. Section 42 is as follows:-When two or more persons have made a joint promise, then, unless a contrary intention appears … to in this respect.12. Turning next to the law of India, Sections 239 to 266 of the Indian Contract Act, 1872, deal with partnership. Section 253(10) provides that, in the absence of any contract to the contrary, partnerships are

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 … to grant an injunction in the case of a negative covenant, the Supreme Court observed as under:In India, Section 42 of the Specific Relief Act, 1963 prescribes that notwithstanding anything contained in clause (e) of Section 41, where

Board of Trustees of the Post of Bombay and ors. Vs. Sriyansh Knitters

Court : Mumbai

Subject : Contract

Acts : Major Port Trusts Act, 1963 - Sections 42, 42(2), 43(1), 49, 59(1), 61 and 63 (1); Indian Contract Act, 1872 - Sections 171

Reported in : AIR1983Bom88; 1983(2)BomCR185; (1982)84BOMLR509

Board of Trustees of the Port of Bombay have been advised that under Section 171 of the Indian Contract Act, 1872. they have a general lien which they can exercise on the goods which come into their Custody of … is void on the ground that it is unreasonable. It was clear that the Board was empowered by Section 42 of the Madras Port Trust Act to frame the Scale of Rates and a statement of the conditions

Modi Rubber Ltd. Vs. Guardian International Corp.

Court : Delhi

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 16 and 18; Companies Act, 1956 - Sections 82; Arbitration and Conciliation Act, 1996 - Sections 6, 6.1, 9, 11, 17, 18, 19 to 24, 25 and 36; Indian Contract Act, 1872 - Sections 27, 32, 39 and 56; Specific Relief Act, 1963 - Sections 10, 14, 14(1), 16, 21, 23, 41, 41(1) and 42; Arbitration Act, 1940 - Sections 18, 20 and 41; Code of Civil Procedure (CPC) , 1908 - Sections 148A - Order 38, Rule 5 - Order 39; LCIA Rules; Constitution of India - Articles 16 and 226

Reported in : 2007(2)ARBLR133(Delhi); 141(2007)DLT822

in the SHA. The respondent has not challenged Clause 14 of the SHA on any ground under the Contract Act also.79. The shareholders agreement between the parties in the instant case does not cast an absolute restriction on … as embodied in Sections 32 and 56 of the Indian Contract Act, 1872.We hold, thereforee, that the doctrine of frustration is really an aspect or … Section 41(e) of the Act a declaration or injunction to prevent its breach cannot be legally granted.148. However, Section 42 of the Specific Relief Act, 1963 carves out an exception to the above provision. This statutory provision provides

Bharat Sarvodaya Mills Co. Ltd. Vs. Mohatta Brothers Overruled

Court : Gujarat

Subject : Civil

Acts : Partnership Act, 1932 - Sections 4, 30, 31(1), 31(2), 32, 32(3), 34, 39, 40, 41, 42, 43, 44, 58, 59, 60, 61, 62, 63, 63(1), 69(2) and 69(3); Code of Civil Procedure (CPC), 1908 - Sections 86 and 87B - Order 30, Rules 1, 1(1), 1(2), 2, 2(1), 2(2), 2(3) and 4; Indian Contract Act, 1872 - Sections 45 and 70; Constitution of India - Article 133(1)

Reported in : AIR1969Guj178; (1969)GLR457

by all the partners who are compromises and all of whom are under Section 45 of the Indian Contract Act, 1872, joined together in enforcing the promise against a third party promisor. The suit by a firm as we … a compulsory dissolution of a firm under Section 41 or on the happening of certain contingencies as under Section 42 or a dissolution by notice of partnership at will under Section 43 or under Section 44 by Court.

Durga Prasad Agarwalla and Another Vs. Sri Binoyendranath Banerjee (De ...

Court : Orissa

Subject : Education

the Power of Attorney Act as well as Sections 182, 186, 226, 231 and 233 of the Indian Contract Act in support of his contention that contract executed by an agent can be enforced by other contracting party … of this Court in Rajkishore Sahu - vrs.- Khitish Chandra Sahu : 42 (1976) CLT 553 with regard to provision under the Indian Stamp Act, … to execute any agreement or sale deed and to take all necessary steps to get such documents registered. Section 2 of the Power of Attorney Act makes it clear that donee of a power 12 of attorney

A.V. Varadarajulu Naidu (Decd.) and ors. Vs. K.V. Thavasi Nadar

Court : Chennai

Subject : Civil

Acts : Partnership Act, 1932 - Sections 4; Motor Vehicles Act - Sections 42(1) and 59(1); Specific Relief Act, 1877 - Sections 41; Contract Act, 1872 - Sections 124, 126 and 128

Reported in : AIR1963Mad413

of Motor Vehicles Act, Section 41 of Specific Relief Act, 1877 and Sections 124, 126 and 128 of Contract Act, 1872 - appeal against Order passed by Single Judge that sureties liable to pay amount to plaintiff - permit … Mahiszchi Lorry service, using the route permit obtained from the authorities in the second defendant's name. Under , Section 42 (i) of the Motor Vehicles Act, 1939, no owner of a transport vehicle shall use, or permit the

P.V. Subba Raja Vs. S.S. Narayana Raja and ors.

Court : Chennai

Subject : CommercialCivil

Acts : Contract Act, 1872 - Sections 23; Evidence Act, 1872 - Sections 101 to 103; Code of Civil Procedure (CPC) , 1908 - Sections 100 and 103 - Order 41, Rule 27 - Order 42, Rule 1

Reported in : AIR1954Mad1074

already. The appeal fails and is dismissed with costs. No leave. Civil - dissolution - Section 23 of Contract Act, 1872, Sections 101 to 103 of Evidence Act, 1872, Sections 100 and 103 and Order 41 Rule 27 and … 41, Rule 27. Order 41 deals with the rules governing the proceedings in appeals from original decrees. Order 42 deals with appeals from appellate decrees, i.e., second appeals to the High Court.Order 42, Rule 1 says,'The rule

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 … of interim injunction in the face of the negative covenant found in the joint venture agreement as per Section 42 of the Specific Relief Act. If the respondents are permitted to carry on similar business with the partnership

Daiichi Sankyo Company Limited vs.malvinder Mohan Singh and Ors

Court : Delhi

Subject : Land Acquisition

pleaded that elements of active concealment are not made out in terms of section 17 of the Indian Contract Act, 1872 (hereinafter referred to as The Contract Act). Further, the respondent has suffered no loss direct or indirect as … award which contains decisions on matters submitted to arbitration may be enforced; or OMP (EFA) (COMM) 6/2016 Page 42 of 115 (d) the composition of the arbitral authority or the arbitral procedure was not in accordance with