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Jakson Engineers Pvt. Ltd. Vs. Delhi Development Authority and ors.

Court : Delhi

Subject : Property

Acts : Arbitration Act, 1940 - Sections 20 and 38; Indian Contract Act, 1872 - Sections 51 and 52; Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981; Specific Relief Act, 1963 - Sections 19; Limitation Act - Schedule - Article 54

Reported in : 2003VIIIAD(Delhi)461; 2004(1)CTLJ185(Del); 107(2003)DLT272

. 24. In this behalf, learned counsel has referred to the provisions of Section 51 of The Indian Contract Act, 1872 ( hereinafter to be referred to as, `the said Act' ), which is as under :-' 51. Promisor

The Travencore Rubber and Tea Co. Ltd. Vs. C.i.T., Trivandrum

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 51, 256(1) and 263; Indian Contract Act, 1872 - Sections 74

Reported in : AIR2000SC1980; (2000)160CTR(SC)1; [2000]243ITR158(SC); JT2000(3)SC458; 2000(2)SCALE409; (2000)3SCC715; [2000]2SCR290; [2000]109TAXMAN250(SC)

clause has been construed as providing for compensation for breach of contract under Section 74 of the Indian Contract Act, 1872. (See Maula Bux v. Union of India : [1970]1SCR928 and Shree Hanuman Cotton Mills v. Tata Air Craft … is in favour of the Revenue should not the Tribunal have in view of the provisions contained in Section 51 of the Income-tax Act and read with the decision of the Supreme Court in : [1981]131ITR451(SC) given appropriate

Phonographic Performance Ltd. Vs. Hotel Gold Regency and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 30, 33, 33(1), 33(3), 34, 34(1), 34(3), 35, 35(2), 51, 53A, 54, 55, 61, 61(1) and 62; Indian Contract Act, 1872 - Sections 188; Companies Act, 1956; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11

Reported in : AIR2009Delhi11; 151(2008)DLT210; LC2008(2)451; 2008(37)PTC587(Del)

was placed by the learned Counsel for the plaintiff on the provisions of Section 188 of the Indian Contract Act, 1872 which defines the extent of an agent's authority. An agent having authority to carry on a business, has … the expenses of the copyright society.21. Chapter XI deals with the infringement of copyrights. It comprises of Sections 51 to 53A. This is followed by Chapter XII which deals with civil remedies and comprises of Sections 54

P. Velumani Vs. K.A. Noorjahan Son of M.M. Ahmed HussaIn and

Court : Chennai

Subject : ContractProperty

Acts : Evidence Act - Sections 91; Specific Relief Act, 1963 - Sections 16, 20 and 20(2); Limitation Act - Sections 5 - Schedule: Article 54; Indian Contract Act, 1872 - Sections 51, 52, 62, 54, 58 and 63; Court Fees Act; General Clauses Act; Code of Civil Procedure (CPC) - Order 7, Rule 11 - Sections 100, 115, 148, 149 and 151; Constitution of India - Article 227

Reported in : (2009)8MLJ161

recent reported decision.96. One cannot brush aside an important fact that as per Section 51 of the Indian Contract Act, 1872 if promises which reciprocals each one has always the option to perform his part of the contract but

Gtl Limited Vs. Ifci Ltd. and ors.

Court : Delhi

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Orders 39, 2 Rules 1, 2;Indian Contract Act, 1872 - Sections 176, 23

without notice on 03.08.2011 and 04.08.2011 respectively in violation of the mandatory provision of Section 176 of the Contract Act, 1872. Therefore, the entire action of the defendant is void ab initio being contrary to law. Thus, the entire … shareholder in accordance with the terms of the non disposal and escrow agreement without any notice to shareholder." 51. On reading of the aforesaid clauses of the agreement, it is clear that the defendant No. 1 had

Pudi Lazarus Vs. Rev. Johnson Edward and ors.

Court : Andhra Pradesh

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 16 and 20; Indian Contract Act, 1872 - Sections 51 and 52; Evidence Act, 1872 - Sections 115

Reported in : AIR1974AP243

specific performance - Sections 16 and 20 of Specific Relief Act, 1963, Sections 51 and 52 of Indian Contract Act, 1872 and Section 115 of Indian Evidence Act, 1872 - 1st respondent agreed to sell certain premises to appellant

Mustt. Sabira Khatun Vs. Mustt. Syeda Fatema Khatoon

Court : Guwahati

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 16, 32 and 116; Code of Civil Procedure (CPC) , 1908 - Sections 100(1); Code of Civil Procedure (CPC) (Amendment) Act, 1976

appeal. Mr. Goswami further submitted that Explanation (i) to Section 16(c) of the Specific Relief Act, 1963 and Section 51 of the Indian Contract Act, 1872 make it abundant clear that the requirement of law is not that … enforcement of the contract in such a case. Mr. Khetri also relied on Section 50 of the Indian Contract Act, 1872, for the proposition that the promise to pay the sum of Rs. 15,000/ - had to be performed

Hindustan Lever Ltd. Vs. Shri Shiv Khullar and anr.

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 11, 28(3) and 34; Indian Contract Act - Sections 51; Evidence Act, 1872 - Sections 21

Reported in : 2008(2)ARBLR42(Delhi)

is thereforee liable to be set aside. E. Because the learned Arbitrator completely ignored Section 51 of the Contract Act which clearly provides that where the contract consists of reciprocal promises to be simultaneously performed, no promisor would … to be set aside. 20. Even in the realm of evidence, no doubt the provisions of the Evidence Act, 1872 are not strictly applicable before an Arbitral Forum, but underlining principles thereof would certainly apply. For example, Section

Kommisetti Venkatasubbayya Vs. Karamsetti Venkateswarlu and ors.

Court : Andhra Pradesh

Subject : PropertyContract

Acts : Specific Relief Act, 1877 - Sections 23; Indian Contract Act, 1872 - Sections 51

Reported in : AIR1971AP279

dismissed. Property - false plea - Section 23 of Specific Relief Act, 1877 and Section 51 of Indian Contract Act, 1872 - suit for specific performance and recovery of possession dismissed - dismissal on grounds of unwillingness of plaintiff

C.G. Janardhanan Vs. Joseph

Court : Kerala

Subject : Election

Acts : Representation of the People Act, 1951 - Sections 7(1), 9(1) and 100(1); General Clauses Act, 1897 - Sections 3(58) and 3(60); Contract Act, 1872 - Sections 51

Reported in : AIR1958Ker169

of Representation of the People Act, 1951, Section 3 of General Clauses Act, 1897 and Section 51 of Contract Act, 1872 - appeal filed challenging Order by which election of appellant declared void - appellant entered in works contract