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Dec 02 2016

S.A. Zahir Hussain and Another Vs. T. Somasundaram

Court : Chennai

Decided on : Dec-02-2016

Subject : Education

petition if any is closed. Civil Procedure Code- Section 100 - Transfer of Property Act Section 53(A) Indian Contract Act, 1872 Section 2(b),(e),(h) Specific Relief Act Section 5, Section 6, Section 22 Code of Civil Procedure, 1908 Order 39 Rule

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Jan 08 1991

The New India Assurance Co. Ltd. and Another Vs. the Delhi Development ...

Court : Delhi

Decided on : Jan-08-1991

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 148, 149, 151, 152, 160 and 161; Code of Civil Procedure (CPC), 1908 - Sections 80 - Order 18, Rule 17-A; Delhi Development Act, 1957 - Sections 53-B(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 523; Delhi Police Act; Motor Vehicles Act, 1988 - Sections 117

Reported in : AIR1991Delhi298; ILR1991Delhi634

time, the defendants were responsible for any loss occasioned to the plaintiffs. U/ S. 148 of the Indian Contract Act, 1872, a bailment is defined as the delivery of goods by one person to another for some purpose, upon … and to make amends or settle the claim, if so advised without litigation. The legislative intention behind that section is that public money and time should not be wasted on unnecessary litigation and the Government and the … both u/ S. 80 of the Code of Civil Procedure and S. 53-B(l) of the Delhi Development Act, 1957. The defendants ' however, defaulted in

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Sep 19 1963

Commissioners for the Port of Calcutta Vs. General Trading Corporation ...

Court : Kolkata

Decided on : Sep-19-1963

Subject : Civil

Acts : Railways Act, 1890 - Sections 74E and 80; ;Calcutta Port Act, 1890 - Section 142; ;Limitation Act - Section 15(2); ;Sale of Goods Act - Section 23; ;Contract Act, 1872 - Sections 103 and 178; ;Transfer of Property Act, 1882 - Section 137; ;Bills of Lading Act, 1856; ;English Bills of Lading Act, 1855

Reported in : AIR1964Cal290,68CWN410

toe receipt was an instrument of title to goods within the meaning of Section 103 of the Indian Contract Act, 1872. The appellants in that case were a firm of commission agents who had been instructed by one Chhaganlal … Factors Act, 1842 and again in Section 1 (4) of the English Factors Act of 1889 (52 and 53 Vict. c. 45) which was adopted by Section 62 of the English Sale of Goods Act, 1893 (56

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Apr 07 1925

The Secretary of State for India Vs. Bhaskar Krishnaji Samant

Court : Mumbai

Decided on : Apr-07-1925

Subject : Civil

Reported in : 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 … was made under the Motor Vehicles Act, but failed : Emperor v. Baker (1921) 24 Bom. L.R. 50, 53 .62. The cases referred to by Kincaid J. in his judgment have no bearing on the point under

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Feb 10 1999

M/S. Industrial Credit and Development Syndicate Now Called I.C.D.S. L ...

Court : Supreme Court of India

Decided on : Feb-10-1999

Subject : Civil

Acts : Code of Civil Procedure (CPC) (Crpc), 1908 - Sections 28, 34, 37 and 53 - Order 21, Rules 1 and 2 - Order 219, Rule 1; Contract Act, 1872 - Sections 59, 60 and 61;

Reported in : AIR1999SC1036; 1999(2)ALLMR(SC)434; [1999]96CompCas1(SC); JT1999(1)SC430; (1999)IIMLJ114(SC); 1999(1)SCALE393; (1999)3SCC80; [1999]1SCR555

judgment debtors have sought refuge under the cloak of alleged protection provided , by Section 60 of the Contract Act, 1872. It is further submitted that in view of the later judgments of this Court in Mathunni Mathai v. … is equally inapplicable to the appropriation of debt under the Act. It is seen that by operation of Section 53 of the Act order 21, Rule 1 being inconsistent with the express provisions contained in Sections 34 and

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Jun 05 2007

Andritz Oy, Rep. Through Power of Attorney Agent, Mr. Siraj Ahmad Vs. ...

Court : Chennai

Decided on : Jun-05-2007

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 2(1), 7, 7(1), 7(2), 7(3), 7(4), 7(5), 8, 11(6), 16, 16(1), 44 to 52, 53 and 54 - Schedule - Article 11(2) and 11(3); Companies Act, 1956 - Sections 2(35), 3, 3(1), 26, 28, 31, 36, 39, 40, 79 and 82; Transfer of Property Act; Arbitration Act, 1940 - Sections 7, 8(2) and 47(1); Contract Act, 1872 - Sections 2, 19, 19A, 20, 23 to 30, 35, 36 and 56; Code of Civil Procedure (CPC) , 1908 - Order 6, Rules 2 and 4 - Order 7, Rule 14(1); United Nations Commission on International Trade Law, 1985; United Nations Commission on International Trade Law Conciliation Rules, 1980; Arbitration of the International Chamber of Commerce Rules

Reported in : 2007(3)ARBLR545(Madras)

would perish along with the main contract, we may have to take recourse to the provisions of the Contract Act, 1872.38. The Contract Act, 1872, among other things, deals with--(1) valid and enforceable contracts; (2) voidable contracts; (3) contracts … when the action brought before it is the subject matter of a contract made between persons to whom Section 53 applies, including an arbitration agreement (Chapter II of Part II relating to Geneva Convention Awards). The above three

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Nov 06 1992

Corporation Bank Vs. Mohandas Baliga

Court : Karnataka

Decided on : Nov-06-1992

Subject : Contract

Acts : Evidence Act, 1872 - Sections 34; Bankers' Books Evidence Act, 1891 - Sections 4; Contract Act, 1872 - Sections 23, 133, 134, 135, 139 and 141

Reported in : ILR1993KAR201; 1993(1)KarLJ308

and 11.1 of the Judgment, therefore, it is necessary to reproduce the same:'9. Chapter VIII of the Indian Contract Act, 1872, (hereinafter referred to as the 'Act') deals with indemnity and guarantee. Section 124 defines the expression 'Contract of … Account No. 1/80. According to the contents of the acknowledgement, the outstanding balance as on 30-9-83 was Rs. 53,729/- inclusive of interest and incidental charges debited till 30-9-83. There was legal notice issued by the plaintiff to

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Nov 26 2008

Thakumal (Since Deceased) Through L.Rs. Mamtabai and ors. Vs. Chakradh ...

Court : Chhattisgarh

Decided on : Nov-26-2008

Subject : PropertyTenancy

Reported in : AIR2009Chh27; 2009(1)MPHT17(CG)

Rao Bhosle had agreed to sell the suit house to Thakumal Sindhi. Under Section 25 of the Indian Contract Act, 1872, an agreement without consideration is void. For want of consideration, the receipt (Exh. D-1) cannot be construed as … performance was also not filed by Thakumal Sindhi, he was not entitled to protect his possession under Section 53-A of the Transfer of Property Act, 1882. It was also held that by notice dated 2-4-1984 (Exh. P-1),

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Nov 06 1979

Rajalakshmy Vs. Asst. Engineer and ors.

Court : Kerala

Decided on : Nov-06-1979

Subject : Property

Acts : Contract Act, 1872 - Sections 63; Kerala Land Acquisition Act, 1962 - Sections 53(1); Kerala Land Acquisition Act, 1961; Constitution of India - Article 226

Reported in : AIR1980Ker68

both on facts and on law. The petition is accordingly dismissed. Property - acquisition - Section 63 of Contract Act, 1872, Section 53 (1) of Kerala Land Acquisition Act, 1962, Kerala Land Acquisition Act, 1961 and Article 226 of Constitution of

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Jul 28 1989

Patel Dadubhai Narsibhai (Decd.) Through His Heirs and Lrs. Jayaben D. ...

Court : Gujarat

Decided on : Jul-28-1989

Subject : Electricity

Reported in : (1990)1GLR673

between defendant-Board and plaintiff No. 1. Thus as far as the pre-condition of applicability of Section 73 of Contract Act, 1872 is concerned, it is clear that the contract was between the defendant-Board and plaintiff No. 1-Dadubhai Narsibhai Patel. … (S.D.), Nadiad in Special Civil Suit No. 80 of 1973. The plaintiff filed suit for recovery of Rs. 53,000/- on the allegation that the defendant-Gujarat Electricity Board had committed breach of the contract inasmuch as 'the Board'

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