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Haji Mohamad JamaluddIn Brothers Vs. Union of India (Uoi) Owning Centr ...

Court : Andhra Pradesh

Subject : ContractCivil

Acts : Railways Act, 1890 - Sections 47(1) and 72; Wharfage Rules - Rules 3 and 30(2); Indian Contract Act, 1872 - Sections 151, 152 and 161

Reported in : AIR1959AP84

provisions of the Act, be that of a bailee under Sections 151, 152 and 161 of the Indian Contract Act, 1872 (IX of 1872). *** *** (3) Nothing in the common law of England or in the Carriers Act, … learned advocate for the petitioner argued that the above rule was ultra vires the rule-making power conferred by Section 47(f) of the Railways Act. In support of that contention he relied on Governor-General in Council v. Jagan Nath,

Nagpur Nagarik Sahakari Bank Ltd. Vs. Union of India and anr.

Court : Andhra Pradesh

Subject : Company

Acts : Maharashtra Co-operative Societies Act - Sections 164; Indian Contract Act, 1872 - Sections 74, 124, 126, 128, 140, 141 and 145

Reported in : [1984]55CompCas677(AP)

be final and binding on the bank ....' Sections 124, 126, 128, 140 and 145 of the Indian Contract Act, 1872, read as under : '124. A contract by which one party promises to save the other from loss … the duties and obligations indicated in the said agreement shall be final and binding on the bank ....' Sections 124, 126, 128, 140 and 145 of the Indian Contract Act, 1872, read as under : '124. A … bank guarantee, the bank is liable for a sum not exceeding Rs. 47,325.75 if the second defendant failed to perform his part of the contract.

Fatima Fauzia and anr. Vs. Syed Ui-mulk and ors.

Court : Andhra Pradesh

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 15, 46, 47, 48 and 49; Contract Act, 1872 - Sections 2; General Clauses Act, 1897 - Sections 3(22)

Reported in : AIR1979AP229

breach of trust - Sections 15, 46, 47, 48 and 49 of Trusts Act, 1882, Section 2 of Contract Act, 1872 and Section 3 (22) of General Clauses Act, 1897 - jewellery of 'Nizam' given in trust created in

Pasl Wind Solutions Private Limited Vs. Ge Power Conversion India Priv ...

Court : Supreme Court of India

Subject : Arbitration

which was applied in Sasan, found that a contract which is unlawful under section 23 of the Indian Contract Act 1872, because it breaches Indian public policy, would be void but that “merely because the arbitrators are situated in … which recommended amendments to the Arbitration Act, and particularly, the substitution of section 2(1)(e) and the explanation to section 47. He stressed the fact that both these amendments were necessary to ensure that it is the High Court

Centrotrade Minerals and Metal Inc. Vs. Hindustan Copper Limited

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 2(2), 2(3), 2(4), 2(5), 2(6), 2(7), 4, 7, 9, 11, 11(6), 12, 12(3), 13, 14(2), 16, 17, 28(2), 28(3), 30, 30(2), 30, 30(2), 31, 32, 32(1), 32(2), 33, 34, 34(2), 34(3), 35, 36, 37, 37(2), 37(3), 39, 40(1), 41, 42, 43, 44, 45, 46, 47, 48, 48(1), 48(2), 49, 51, 53, 54, 57(1) and 85; Defence of India Act, 1939 - Sections 19 and 19(1); Government of India Act, 1935 - Sections 220(3) and 299(2); Land Acquisition Act, 1894 - Sections 23(1); Arbitration Act, 1899; Arbitration Act, 1940 - Sections 7, 30, 34, 44 and 47; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 9; Limitation Act, 1963; Carriage of Goods by Sea Act, 1992; Contract Act, 1872 - Sections 23; Indian Coun

Reported in : 2006(3)ARBLR201(SC); JT2006(5)SC507; 2006(5)SCALE535; (2006)11SCC245

is opposed to public policy as it is violative of the Indian statutes. Section 23 of the Indian Contract Act, 1872 embodies the doctrine of public policy as evolved by the common law. It takes within its sweep transactions: … to take certain other steps short of dismissal where a party fails to comply with a peremptory order Section 47 to make awards on different issues. But Indian statute, i.e., the 1996 Act does not provide such "contracting

Lacoste vs Crocodile International Pte. Ltd. & Anr.

Court : Delhi

Subject : Intellectual Property

to be <clear, specific, and mutually acknowledged= to be binding by relying on Section 4 of the Indian Contract Act, 1872, to contend that the letter dated 10.02.1989 (Ex. DW 1/24), even if considered a unilateral proposal, was accepted … and other connected matter Page 37 of 97 16.25 Reference was made to paragraph nos. 43, 44, 46, 47, 49 and 50 of the impugned judgment to submit that the impugned mark was rightly found to be

Crocodile International Pte. Ltd. vs La Chemise Lacoste and Anr

Court : Delhi

Subject : Intellectual Property

to be “clear, specific, and mutually acknowledged” to be binding by relying on Section 4 of the Indian Contract Act, 1872, to contend that the letter dated 10.02.1989 (Ex. DW 1/24), even if considered a unilateral proposal, was accepted … and other connected matter Page 37 of 97 16.25 Reference was made to paragraph nos. 43, 44, 46, 47, 49 and 50 of the impugned judgment to submit that the impugned mark was rightly found to be

M/s Jade Garden Plot Owner's Association Vs. Smt. Bhagyalakshmi

Court : Karnataka

Subject : Land Acquisition

favour of Defendant No.2, which could be said to be coupled with interest under Section 202 of the Contract Act, 1872, thereby making the sale deed of the year 1995 valid?. ........................................ 62 H. Whether a suit for partition … another Vs. J.Barathan, reported in CDJ2015MHC7508 the relevant portion of the judgment in para No.47, is extracted hereunder:- 47. There is no direct reference in Section 202, to the termination of an agency by the death of

Dnyanoba Sukhdeo Lande and anr. Vs. Shrirang Mahataraji Dhurwade

Court : Mumbai

Subject : Property

Acts : Hyderabad Tenancy and Agricultural Lands Act, 1950 - Sections 38E, 38E(2), 47, 50A, 50B and 98A; Transfer of Property Act, 1882 - Sections 50B and 53A; Contract Act, 1872 - Sections 23

Reported in : 1982(2)BomCR18

entitled to protect his possession. The answer to such question is positively no. Section 23 of the Indian Contract Act, 1872, lays down that the consideration or object of an agreement is lawful, unless it is forbidden by law; … to be given a larger meaning than a restricted one. It is further argued by Shri Binwade that section 47 and section 50-B of the Hyderabad Tenancy Act cover two different fields. Section 47 restricted a permanent alienation

Sohan Pal, Munna Lal Vs. the East Indian Railway Company

Court : Allahabad

Subject : Contract

Reported in : (1922)ILR44All218

as that of a bailee for reward as defined in Sections 151, 152 and 161 of the Indian Contract Act of 1872. Those sections, of course, cannot be construed without first interpreting the contract of bailment as defined … the same published for general information. These rules purport to have been made under the power conferred by Section 47, Sub-section (1), Clause (f), of the Indian Railways Act (IX of 1890). One of them is in the