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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

Commissioner of Gift-tax Vs. Sree Narayana Chandrika Trust Overruled

Court : Kerala

Subject : Direct Taxation

Acts : Gift-tax Act, 1958 - Sections 2, 16(1), 26(1), 45 and 48; Indian Contract Act, 1872 - Sections 2; Income-tax Act, 1961 - Sections 45 and 48

Reported in : [2001]248ITR275(Ker)

the Act and, therefore, it must carry the meaning assigned to it in Section 2(d) of the Indian Contract Act, 1872. . , The above provision is no doubt subject to such qualifications or limitations as contained in the … fundamental to the computation machinery incorporated in the scheme relating to the determination of the charge provided in Section 45, such a case must be regarded as falling outside the scope of capital gains taxation altogether.' 7. Respectfully

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

Rajeswari and Another Vs. Sri Buvaneswari Cycle Mart

Court : Chennai

Subject : Tenancy

Acts : Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 -- Sections 10 (2), 14, 15, 16, 17, 18, 23, 25, 27 and 151; Partnership Act, 1932 -- Sections 4, 19, 22; Code of Civil Procedure (CPC), 1908 -- Order 1, Rule 10 -- Order 6, Rule 17 -- Order 23, Rule 3 -- Order 30, Rule 1 and 4 and Order 41, Rule 22 and 27; Indian Contract Act, 1872 -- Sections 45

Reported in : 2000(1)CTC156

Rule 4 of the Code reads as follows:- ' Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872, where two or more person may sue or be sued in the name of a firm under the

Mathuradas Canji Matani Vs. Ebrahim Fazalbhoy

Court : Mumbai

Subject : Civil

Reported in : AIR1927Bom581; (1927)29BOMLR1296

I now come to the crux of the case, viz., Rule 4, This provides:-(1) Notwithstanding anything contained in Section 45 of the Indian Contract Act, 1872, where two or more persona may sue or be sued in the … 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

Mithoolal Nayak Vs. Life Insurance Corporation of India

Court : Supreme Court of India

Subject : Media and CommunicationInsurance

Acts : life Insurance Corporation Act, 1956; Insurance Act, 1938 - Sections 38 and 45; Indian Contract Act, 1872 - Sections 17, 19, 30, 64 and 65; Constitution of India - Article 133(1)

Reported in : AIR1962SC814; [1962]32CompCas177(SC); [1962]Supp2SCR571

there was a deliberate suppression fraudulently made by Mahajan Deolal. Fraud, according to s. 17 of the Indian Contract Act, 1872 (IX of 1872), means and includes Inter alia any of the following acts committed by a party to … was guilty of fraudulent suppression of material facts and the company was entitled to avoid the contract under Section 45 of the Insurance Act, 1938 - Moreover, the appellant was not entitled to a refund of the money

Life Insurance Corporation of India Rep. by Its Regional Manager (L an ...

Court : Chennai

Subject : Insurance

Acts : Insurance Act, 1938 - Sections 45; Contract Act, 1872 - Sections 18 and 19

Reported in : (2009)5MLJ181

learned Counsel for the Insurance Corporation, the Allahabad High Court, while construing Sections 18 and 19 of the Contract Act, 1872, has held that on the facts and circumstances of the case wherein the claimant was aged 56 years … or any material information is withheld, then and in every such case but subject to the provisions of Section 45 of the Insurance Act, 1938, wherever applicable, this policy shall be void and all claims to any benefit

Dr. M.i. Itty Vs. Kerala Financial Corporation,

Court : Kerala

Subject : BankingCompany

Acts : Companies Act, 1956 - Section 529A; ;Kerala Revenue Recovery Act, 1968 - Sections 7 and 34; ;Indian Contract Act, 1872 - Sections 2, 128, 134, 140 and 141; ;Kerala Agriculturists Debt Relief Act, 1958; ;Madras Agriculturists' Relief Act, 1938; ;Insolvency Act - Section 45; ;Sick Textile Undertakings (Nationalisation) Act, 1974 - Sections 5 and 29; ;Companies (Court) Rules, 1959 - Rules 164 and 179

a guarantor, cannot be held liable. Reliance was placed on Sections 128, 134 and 141 of the Indian Contract Act, 1872 in support of the said contention. The learned Counsel for the appellant also referred to and relied on … and not merely barred. In such a case the liability of the surety is pro tanto extinguished.'25. Significantly Section 45 of the Insolvency Act specifically provides that an order of discharge of the insolvent does not have the

Aksh Optifibre Ltd. Vs. ShIn Etsu Chemical Co., Ltd. and anr.

Court : Rajasthan

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 5, 8, 11, 16, 16(2), 16(3), 16(5), 16(6), 34, 35, 44 and 45; Code of Civil Procedure (CPC) , 1908 - Sections 9 and 151 - Order 7, Rule 11; Contract Act, 1872 - Sections 24 to 30; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3

Reported in : 2005(2)ARBLR366(Raj); RLW2005(2)Raj1000; 2005(2)WLC66

does an agreement become null and void is dealt with under Sections 24 to 30 of the Indian Contract Act, 1872. After referring the aforesaid provisions of the Contract Act, in support of his submissions, he placed reliance on … the countries which are contracting States under the New York Convention.2. Learned counsel for the petitioner submits that Section 45 begins with a non-obstante clause and expressly overrides the provisions of Section 8 contained in the first part

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 … Shin-Etsu Chemical Co. Ltd. (supra), the Supreme Court held that a finding regarding an arbitration agreement rendered under Section 45 of the Act would only be a prima facie finding and would not preclude a full examination at