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Dai-ichi Karkaria Private Ltd., Bombay Vs. Oil and Natural Gas Commiss ...
Mumbai
Jan-29-1991
CommercialCustoms
Specific Relief Act, 1963 - Sections 38; Code of Civil Procedure (CPC), 1908 - Sections 94 and 151 - Order 6, Rule 4 and Order 39, Rules 1 and 2; Indian Contract Act, 1872 - Sections 15 and 17; Companies Act, 1956; Customs Act, 1962 - Sections 25; Indian Penal Code (IPC), 1860
AIR1992Bom309; 1991(4)BomCR631; (1991)93BOMLR183
defendant No. I did not say a word. On this aspect, theExplanation to Section 17 of the Indian Contract Act, 1872 is of considerable significance. The said Explanation reads as under:--'Explanation silence as to facts likely to affect the … force in the case of Delhi Transport Corporation v. D.T.C. Mazdoor Congress, : (1991)ILLJ395SC . Paragraphs 486 to 501 of Chitty on Contracts, 25th Edition, may usefully be referred to for clear enunciation of the relevant principles
Tag this Judgment! AI Brief & AskNarayandas Shreeram Somani Vs. the Sangli Bank Ltd.
Supreme Court of India
Mar-15-1965
Company
Indian Companies Act, 1913 - Sections 54A(2), 91B, 91B(1) and 277(I); Indian Contract Act, 1872 - Sections 50
AIR1966SC170; [1965]35CompCas596(SC); [1965]3SCR777
payment, it is not necessary to show that cash passed. Illustration (a) to s. 50 of the Indian Contract Act, 1872 shows that payment may be made made by means of transfer entries in books of account. The Company … justified allotment - Sections 54A (2), 91B, 91B (1) and 277 (I) of Indian Companies Act, 1913 and Section 50 of Indian Contract Act, 1872 - company unable to carry on business for want of required subscribed share
Tag this Judgment! AI Brief & AskGokul Prasad Vs. Additional District and Sessions Judge and ors.
Allahabad
Dec-17-2002
PropertyCivil
Uttar Pradesh Urban Buildings (Regulation and Letting, Rent and Eviction) Act, 1972 - Sections 21(1); Contract Act, 1872 - Sections 43; Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 6
2003(2)AWC1393
to the release application may be examined from the point of view of Section 43 of the Indian Contract Act, 1872 and Order I Rule 6 of the Code of Civil Procedure also. Examining the scope of the said … release application, as the petitioner has been impleaded in the said release application as 'Sri Gokul Prasad, Aayu 50 varsh, putra Sri Gauri Shankar, partner M/s. Gauri Shanker Gokul Prasad, Niwasi 25B Mutthiganj, Allahabad.' Thus, the petitioner
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The Secretary of State for India Vs. Bhaskar Krishnaji Samant
Mumbai
Apr-07-1925
Civil
AIR1925Bom485; (1925)27BOMLR973
in case of a breach of the conditions thereof may, notwithstanding anything in Section 74 of the Indian Contract Act, 1872, be recovered from him in case of such breach as if it were an arrear of land-revenue.16. It … the so-called contract. He also claimed the return of the War-Bond for Rs. 1,000, and he claimed Rs. 500 as damages for illegal and improper attachment of his goods.3. The defendant pleaded that the tender was irrevocable
Tag this Judgment! AI Brief & AskMunicipal Committee Through Its Secretary and anr. Vs. Bajrang Rao and ...
Punjab and Haryana
Dec-02-2005
Contract
Code of Civil Procedure (CPC) , 1908 - Sections 100; Haryana Municipal Act, 1973 - Sections 50; Contract Act, 1872 - Sections 70; Corporate Act, 1872; Constitution of India - Article 299
AIR2006P& H142; 2007(2)CTLJ352(P& H); (2006)142PLR764
conditions which must be fulfilled to invoke the principle of equitable compensation envisaged by Section 70 of the Contract Act, 1872. The aforementioned position emerges from the reading of para 14 of the judgment which is as under: -It … was never made to the plaintiff....2. The argument of the defendants-appellants that in accordance with the provisions of Section 50 of the Haryana Municipal Act, 1973 (for brevity the 'Act') the contract was required to be in writing
Tag this Judgment! AI Brief & AskGaurav Monga vs.premier Inn India Pvt Ltd & Ors
Delhi
Jan-06-2017
Land Acquisition
did not come up during the hearings aforesaid also but I find Sections 19 & 19A of the Contract Act, 1872 to be providing as under: ―19. Voidability of agreements without free consent.-When consent to an agreement is caused … furnishes a cause of action in tort.10. During the hearing, attention of the counsel has been invited to Sections 91&92 of the India Evidence Act, 1872 and particularly to the second Proviso to Section 92.11. The counsel … of defendant No.1 and represented that the defendant No.1 targeted to have 50 hotels across Middle East, India and Southeast Asia and the post for
Tag this Judgment! AI Brief & AskAssociation of Medical Super Speciality Aspirants and Residents Vs. Un ...
Supreme Court of India
Aug-19-2019
Land Acquisition
further submitted that the service bonds executed by the Appellants fall foul of Section 27 of the Indian Contract Act, 1872. The Notifications that were issued by the State Government were also challenged on the ground of unconstitutionality as … 2019 (Diary No.19100 OF2019 Civil Appeal No.6386 of 2019 Arising out of SLP (Civil) No.15688 of 2019 JUDGMENT L. NAGESWARA RAO, J.Leave granted. The controversy in these cases pertains to the compulsory 1. bonds to be executed
Tag this Judgment! AI Brief & AskSri Jayanth Balakrishna vs Sri B Pradeep
Karnataka
May-29-2025
the architect and defendant.43. Another aspect of the matter is that in terms ofSection 19 of the Indian Contract Act, 1872 a contract which is induced by fraud is not void but only voidable at the option of the … any tender work with respect to woodwork, paving and flooring, painting works. 50% of the miscellaneous work were not performed by the defendant under the … - 560 024. ... RESPONDENT (BY SRI. VENKATESH R. BHAGAT., ADVOCATE-VC) THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED -2- 21.05.2012 PASSED IN O.S.NO.915/2002 ON THE FILE OF
Tag this Judgment! AI Brief & AskRamchandra Lalbhai Vs. Chinubhai Lalbhai
Mumbai
Jul-17-1942
PropertyFamily
(1943)45BOMLR1075
No. 1 by defendant is revocable as it is not coupled with interest; Section 202 of the Indian Contract Act, 1872.13. V.F. Taraporevala. Chinubhai Lalbhai & Bros., Ltd., was formed as a device to get capital and deposits for … with one another should not be compelled to do so. See Fry on Specific Performance, 6th edn., p. 50, &sec; 110; Halsbury's Laws of England, 2nd edn., Vol. XXXI, p. 334, Section 366. Co-agents have to maintain
Tag this Judgment! AI Brief & AskMathuradas Canji Matani Vs. Ebrahim Fazalbhoy
Mumbai
Apr-14-1927
Civil
AIR1927Bom581; (1927)29BOMLR1296
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 … or against partnerships in a firm name is regulated by Order XXX and by OrderXXI, Rules 49 and 50. These rules are taken from the English Rules of the Supreme Court, Order 48A. A comparison of the
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