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H.P. State Forest Company Ltd. Vs. United India Insurance Co. Ltd.

Court : Supreme Court of India

Subject : Civil

Acts : Limitation Act - Sections 44; Contract Act, 1872 - Sections 28; Code of Civil Procedure (CPC) - Order 6, Rule 17

Reported in : 2009ACJ684; AIR2009SC1407; 2009(1)AWC818(SC); 2009(1)SCALE216; (2009)2SCC252; 2009AIRSCW865; 2009(1)LHSC466; 2009ACJ684

fixed by Clause 6(ii) could not be sustained by virtue of the provisions of Section 28 of the Contract Act, 1872. In this connection, he has pointed out that this matter was concluded against the respondent by the judgment … that the present appeal has been filed.3. Mr. Sharma, the learned Counsel for the appellant has submitted that Section 44 of the Limitation Act provided a period of limitation of 3 years from the date of disclaimer and

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

intent to deceive another parry thereto or his agent or to induce him to enter into the contract. Section 44 of the Indian Evidence Act,1872, postulates that any party to a proceeding can establish that any judgment, order … 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

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 … if that party furnishes to the court proof that- (a) the parties to the agreement referred to in section 44 were, under the law applicable to them, under some incapacity, or the said agreement is not valid under

Thyssen Krupp Materials Ag vs.the Steel Authority of India

Court : Delhi

Subject : Arbitration

would be due to the buyer from the seller would be governed by Section 73 of the Indian Contract Act, 1872. Section 73 provides: “When a contract has been broken, the party who suffers by such breach is entitled to … TSG, to our mind, is the reasonable compensation which the arbitrator could have awarded.” FAO (OS) 150/2002 Page 44 of 51 47. The learned arbitrator in computing damages fell into error by taking into account the price

M.V.V. Prasada Rao Vs. Municipal Council

Court : Andhra Pradesh

Subject : ContractCommercial

Acts : Andhra Pradesh Municipalities Act, 1965 - Sections 43, 43(3), 44, 45 and 289 ; Contract Act, 1872 - Sections 2, 65 and 70; Punjab Municipal Act, 1911 - Sections 18, 45, 47, 47(3) and 70; Madras District Municipalities Act, 1920 - Sections 69; Madras City Municipal Act, 1919 - Sections 81 and 81(3)

Reported in : 2005(5)ALD499; 2005(6)ALT165

also had drawn the attention of this Court to Section 65 and also Section 70 of the Indian Contract Act, 1872, and would maintain that Section 45 of the Act would not operate as a bar to maintain the … conformity with the provisions of this section or of Section 43 and of the rules referred to in Section 44 shall not be binding on the Council.'15. Sri S. Nageswara Reddy, the learned Standing Counsel made certain submissions

Oil and Natural Gas Corporation Ltd. Vs. Schlumberger Asia Services Lt ...

Court : Delhi

Subject : Civil

Acts : Arbitration and Conciliation Act 1996 - Sections 34; Indian Contract Act, 1872; Constitution of India - Articles 1.11, 6.3 and 13(3)

Reported in : 2006(3)ARBLR610(Delhi); 2006(91)DRJ370

am dealing with a contract, I would be failing in not noting that the preamble to the Indian Contract Act 1872 records:- Whereas it is expedient to define and amend certain parts of law relating to contracts.44. The legislature … arbitral tribunal. My domain is restricted to deal with questions of law and that too in context of Section 34 of the Arbitration and Conciliation Act 1996 and the words contrary to public policy as interpreted by

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 … as under Section 42 or a dissolution by notice of partnership at will under Section 43 or under Section 44 by Court. The dissolved firm is wound up. In Chapter VII of Registration of Firms, under Section 58

Msm Satellite (Singapore) Pte Ltd. and ors. Vs. World Sport Group (Mau ...

Court : Mumbai

Subject : Arbitration and Conciliation

Acts : Arbitration and Conciliation Act, 1996 - Sections 16, 8(1), 8(3), 11(1)(3), 5, 8(5), 34; Indian Contract Act, 1872 - Sections 23, 28

company.22. Mr. Dave submitted that the appellant-plaintiff (Sony) also invokes the provisions of section 23 of the Indian Contract Act, 1872 and submits that the very agreement dated 25th March, 2009 under which the respondent- Mauritius company was to … an action in a matter in respect of which the parties have made an agreement referred to in section 44, shall, at the request of one of the parties or any person claiming through or under him, refer

S. Ananda and ors. Vs. State of Tamil Nadu and ors.

Court : Chennai

Subject : Labour and Industrial

Acts : Tamil Nadu Pension Rules - Rule 44; Indian Contract Act, 1872 - Sections 14(5), 20 and 22; Madras State Subordinate Service General Rules - Rule 9; Punjab Municipal Act - Sections 236

Reported in : (1983)IILLJ277Mad

in G.O.Ms. No. 731, Industries, dated 21.5.1974 is void and unenforceable as per Section 20 of the Indian Contract Act, 1872 because it has been passed by a mistake and is not based on free consent, as per section … basis while they are still working and getting their pay from the Corporation will be contrary to Rule 44 of the Tamil Nadu Pension Rules and if the petitioners were to invoke the principle of promissory estoppel,

Siddhivinayak Realties Pvt. Ltd. Vs. V. Hotels Limited and Others

Court : Mumbai

Subject : Arbitration

in default could not and did not arise. It is submitted that under Section 39 of the Indian Contract Act, 1872, there must be not only categorical refusal to perform by the promisor of his promise in entering but … Tribunal is a possible view or in any event a plausible view and thus no interference is warranted. 44. Mr. Sundaram, the learned senior counsel submits that only in the affidavit in rejoinder, the petitioners have pleaded