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Nagnath Kaulwar and Sons Vs. Govindram Shyamsunder

Court : Mumbai

Subject : Contract

Acts : Contract Act, 1872 - Sections 73 and 226; Sale of Goods Act, 1930 - Sections 36 and 57

Reported in : AIR2004Bom271; 2004(4)ALLMR801; 2004(6)BomCR878

contentions of the learned counsel for the parties, it may be stated that Chapter 10 of the Indian Contract Act, 1872 deals with appointment and authority of agents. Section 182 defines 'agent' and 'principal'. An agent is a person … the suit for damages for breach of contract for sell of the goods would be perfectly maintainable under Section 57 of the Sale of Goods Act, 1930. He contended that the letter dated 6-6-1979 addressed to the plaintiff

State of West Bengal Vs. Pam Developments Private Limited

Court : Kolkata

Subject : Land Acquisition

country question of delay in performance of contract is governed by Sections 55 and 56 of the Indian Contract Act, 1872. If there is an abnormal rise in prices of material and labour, it may frustrate the contract and … The immediate lis is an appeal from an order passed on a challenge to an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The State-employer seeks to whittle down the award by attacking

Superintendence Company of India (P) Ltd. Vs. Sh. Krishan Murgai

Court : Supreme Court of India

Subject : Service

Acts : Indian Contract Act, 1872 - Sections 27, 28 and 56

Reported in : AIR1980SC1717; [1980(41)FLR137]; (1981)ILLJ121SC; (1981)2SCC246; [1980]3SCR1278

illustrations (c) and (d) to Section 57 of the Specific Relief Act, 1963, despite Section 27 of the Contract Act, 1872 3. Whether, and to what extent, the provisions of Section 27 of the Contract Act are subject to

Yanala Malleshwari and ors. Vs. Ananthula Sayamma and ors.

Court : Andhra Pradesh

Subject : Property

Acts : Indian Registration Act, 1908 - Sections 17 to 22, 17(1), 17(2), 23A, 32, 32A, 34, 35, 49, 58, 59, 60, 60(2), 61, 61(2), 69, 71, 72 and 77; Transfer of Property Act, 1882 - Sections 4, 5 to 34, 38 to 53A, 54 to 57, 59, 107, 123 and 126; Specific Relief Act, 1963 - Sections 13, 15, 17, 21, 31, 31(2), 33, 34 and 49; Indian Contract Act, 1872 - Sections 13, 14, 15, 16, 17, 18, 19, 20, 23, 25, 29 and 65; Evidence Act - Sections 73; Indian Stamp Act, 1899 - Sections 35; Specific Relief Act, 1877 - Sections 18, 34, 39 and 41; Indian Registration Act, 1866; Indian Registration Act, 1871; Indian Registration Act, 1877; Registration and Other Related Laws (Amendment) Act, 2001; West Bengal Land Reforms Act, 1955 - Sections 4B; Andhra Pradesh Stamp (Amendment) Act, 1922; General Clau

Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)

civil right to the buyer, if such sale is in accordance with entrenched common law principles. The Indian Contract Act, 1872, Specific Relief Act and Transfer of Property Act, essentially deal with, among others - the contract of sale. … is voidable.20. Chapter III of the TP Act contains Sections 54 - 57. All these provisions deal with 'sale of immovable property'. Section 54 of … the ambit of registration law and if a document does not fall under any of the categories in Sections 17 and 18 of the Registration Act, the registering officer is bound to refuse to admit the document

Thyssen Stahlunion Gmbh Vs. the Steel Authority of India

Court : Delhi

Subject : Contract

Acts : Arbitration Act - Sections 30; Indian Contract Act, 1872 - Sections 73

Reported in : 2002IIAD(Delhi)149; AIR2002Delhi255; 2002(1)ARBLR610(Delhi); 96(2002)DLT515

the issue of damages. The Arbitrator has adopted the principle by referring to Section 73 of the Indian Contract Act, 1872 which is as follows:- '73. When a contract has been broken, the party who suffers by such breach … out by the surveyors were such which could not have been concluded without the opinion of an expert; 57. Thirdly, the Arbitrator was persuaded merely by the general observations of the surveyors that the condition of the

Singer Sewing Machine Vs. Uttar Pradesh Export Corporation Ltd.

Court : Delhi

Subject : Civil

Acts : Court Fees Act, 1870 - Sections 17; Indian Contract Act, 1872; Code of Civil Procedure (CPC), 1908; Evidence Act, 1872 - Sections 57

Reported in : 47(1992)DLT659; 1992(23)DRJ129

defendant and hold that the suit has been properly valued and requisite court fee has been paid.; INDIAN CONTRACT ACT, 1872 - Privity of contract--contract with defendant No. 1 at the instance of defendant No. 1--goods supplied to other … be drawn under Section 85 of the Evidence Act that it was validly executed by a competent person. Section 57 enjoins upon the Court to take judicial notice of the seal of the Notary Public. Such judicial notice

Rhodia Limited, Vs. Neon Laboratories Limited

Court : Mumbai

Subject : ContractCompany

Acts : Indian Companies Act, 1956; Code of Civil Procedure (CPC) , 1908 - Sections 9A, 11, 20 and 20C - Order 6, Rule 2 - Order 18, Rules 1 and 2; Constitution of India - Article 227; Evidence Act, 1872 - Sections 57(1), 101 and 102; Contract Act - Sections 23

Reported in : 2005(1)ALLMR703

law, then the agreement is to that extent contrary to public policy and void.'Under Section 23 of the Contract Act, the consideration or object of an agreement is lawful, unless it is opposed to public policy. So long … of Hari Shanker Jain v. Sonia Gandhi, : AIR2001SC3689 held that under Section 57(1) of the Indian Evidence Act, 1872, the Courts in India are required to take judicial notice of, inter alia, all laws in force in

Union of India (Uoi) Vs. Narayanasetti Jugadeswararao and ors.

Court : Andhra Pradesh

Subject : Civil

Acts : Indian Contract Act - 1872 - Sections 128, 133 and 139; Railways Act, 1890 - Sections 57, 149, 149(1), 149(7) and 149(8); Sale of Goods Act - Sections 2(4)

Reported in : AIR1981AP215

dismissed. No orders as to costs. Civil - liability of surety - Sections 128, 133 and 139 of Contract Act, 1872, Section 57 of Railways Act, 1890 and Rules 149 (1), (7) and (8) of General Rules framed under Railways Act,

M/s. Mascon Multiservices and Consultants Pvt. Ltd. Vs. Bharat Oman Re ...

Court : Mumbai

Subject : Land Acquisition

such a claim. Mr. Andhyarujina would argue that Clause 47 is void under Section 28(b) of the Indian Contract Act, 1872. Section 28 of the ICA runs thus: 28. Agreements in restraint of legal proceedings, void. - Every agreement, - … actual loss but the other is then required to lead evidence for proving that no loss has occurred. 57. The ratio as laid down by the Supreme Court is, therefore, is thus: Damage or loss has to

Electrosteel Castings Ltd. Vs. Saw Pipes Ltd. and ors.

Court : Kolkata

Subject : Contract

Acts : Contract Act, 1872 - Sections 23 and 27; ;Specific Relief Act, 1877 - Section 57; ;Specific Relief (Amendment) Act, 1963 - Section 12

Reported in : 2005(1)CHN612

the main points hereafter. The first and foremost point was the impact of Section 27 of the Indian Contract Act, 1872. That section is set out below:'27. Every agreement by which any one is restrained from exercising a lawful … the nature of the business.'23. To be read in conjunction with this section are two illustrations given under Section 57 of the Specific Relief Act, 1877. The said section and illustrations (c) and (d) thereof are set out