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Jry Investments Private Limited Vs. Deccan Leafine Services Ltd. and o ...

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956 - Sections 108; Depositories Act, 1996 - Sections 10 and 12; Contract Act, 1872 - Sections 148 and 172; Securities and Exchange Board of India (Depositories and Participants) Regulations, 1996 - Regulation 58; Securities and Exchange Board of India (Depositories and Participants) Act, 1996 - Sections 58(2)

Reported in : [2004]121CompCas12(Bom); [2004]56SCL339(Bom)

It is, therefore, clear that such shares cannot be pledged in accordance with the provisions of the Indian Contract Act, 1872, which requires delivery of the goods pledged. Section 172 of the Contract Act reads as follows :'172. 'Pledge', … depository participant would have made a note that the securities are available in the pledge in accordance with Section 58(2). The important thing is that the security would have been accepted by the depository as a pledger and

Dr. P. Chattopadhyay Vs. the Institute of Cost and Works Accountants o ...

Court : Kolkata

Subject : ServiceConstitution

Acts : Cost and Works Accountants Act, 1959 - Sections 2, 3, 4, 4(1), 7(1), 7(2), 9, 12(2), 15, 15(1), 15(2), 16, 16(1), 17, 17(3), 20, 32(1), 39, 39(1), 39(2), 39(3), 39(4) and 47; ;Companies Act, 1956 - Sections 167 and 617; ;Constitution of India - Articles 12, 14, 16, 32, 36, 39, 41, 89, 188, 132, 133(1), 217(1), 226, 298, 308, 309, 311, 311(2) and 367; ;Contract Act, 1872 - Sections 16(1), 23 and 25; ;Industrial Employment (Standing Orders) Act, 1946; ;Air Corporation Act, 1853; ;Calcutta Port Act, 1890 - Sections 32 and 47; ;Societies Registration Act; ;Tamil Nadu Private Colleges (Regulation) Act, 1976; ;Government of India Act, 1935 - Section 240(3); ;Reserve Bank of India Act, 1934 - Section 58(1), 58(2) and 58(1)(2); ;General' Clauses Act, 1897 - Sections 14 to 16; ;Madras District Muni

Reported in : (1987)0CALLT179(HC)

and whether an unconsciable term in a contract of employment is void under Section 23 of the Indian Contract Act, 1872, as being opposed to public policy and when such a term is contained in a contract of employment … Bank of India and Anr., : (1982)ILLJ465SC . where the Supreme Court was dealing with the scope of Section 58(1)(2)(i) of the Reserve Bank of India Act, 1934 and has observed that the Central Board has the power

Bharat Sarvodaya Mills Co. Ltd. Vs. Mohatta Brothers Overruled

Court : Gujarat

Subject : Civil

Acts : Partnership Act, 1932 - Sections 4, 30, 31(1), 31(2), 32, 32(3), 34, 39, 40, 41, 42, 43, 44, 58, 59, 60, 61, 62, 63, 63(1), 69(2) and 69(3); Code of Civil Procedure (CPC), 1908 - Sections 86 and 87B - Order 30, Rules 1, 1(1), 1(2), 2, 2(1), 2(2), 2(3) and 4; Indian Contract Act, 1872 - Sections 45 and 70; Constitution of India - Article 133(1)

Reported in : AIR1969Guj178; (1969)GLR457

by all the partners who are compromises and all of whom are under Section 45 of the Indian Contract Act, 1872, joined together in enforcing the promise against a third party promisor. The suit by a firm as we … Section 44 by Court. The dissolved firm is wound up. In Chapter VII of Registration of Firms, under Section 58 an application for registration has to be made to the Registrar of Firms with the prescribed particulars signed

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 … they did not deem it necessary to find out whether these conformed to the ASTM standards or not; 58. Fourthly, the rejection of the opinion of the well known International Authority on 'flat processing of steel' namely

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

Court : Chennai

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 … to sell the suit property for the total sale consideration of Rs.9,00,000/- and received Rs.2,00,000/- as advance amount.'' 58. PW1 in his evidence has stated that he had paid further payments towards part performance of contract for

Kenchawwa Vs. Amagonda

Court : Karnataka

Subject : Contract

Acts : Registration Act, 1908 - Sections 58 and 59; Contract Act, 1872 - Sections 17; Specific Relief Act, 1963 - Sections 33

Reported in : ILR1988KAR1185; 1988(1)KarLJ530

is not binding on her is fully established by her oral evidence and also by suit document itself.;(B) CONTRACT ACT, 1872 (Central Act No. 9 of 1872) - Section 17 - Effect - Document executed is void and possession … cast on defendant-1 to prove that the document was really executed in accordance with the mandatory requirement of Section 58 of the Act. The Sub-Registrar was not examined to prove execution. The document as noticed earlier is proof

Y.K. Sethi Vs. Basf India Limited and ors.

Court : Delhi

Subject : Service

Acts : Indian Contract Act, 1872 - Sections 14, 19, 19A and 23; Constitution of India - Articles 12, 14 and 226; Limitation Act, 1963 - Schedule - Article 58; Companies Act, 1956 - Sections 617; Service, Discipline and Appeal Rules, 1979 - Rule 9(1)

Reported in : (2010)ILLJ493Del

Clause 8 of the appointment letter dated 11th July 1997 is void under Section 23 of the Indian Contract Act, 1872 and Article 14 of the Constitution of India. 3. After completion of pleadings, this Court by an order … Counsel for the Defendants that the limitation for seeking a declaration was three years in terms of Article 58 of the Schedule of the Limitation Act, 1963. As the appointment letter is dated 11th July 1997, the

State of Karnataka and ors. Vs. M. Muniraju

Court : Karnataka

Subject : Property

Acts : Karnataka Land Revenue Act, 1964 - Sections 38, 49, 49C, 63, 67, 67(3), 91 and 96; Karnataka Land Grant Rules, 1969 - Rule 7; Limitation Act, 1963 - Schedule - Articles 65 and 112; Code of Civil Procedure (CPC) , 1908 - Sections 9, 80, 80(1) and 100 - Order 27, Rules 2 and 8B - Order 41, Rule 2 - Order 42, Rule 1; Contract Act, 1872 - Sections 182, 186 and 187; Constitution of India - Article 226; Karnataka Land Revenue Rules - Rule 108; Evidence Act, 1872 - Sections 63, 65 and 66

Reported in : AIR2002Kant287; ILR2002KAR2923; 2003(1)KarLJ291

contention, he has placed strong reliance upon the provisions of Sections 182, 186 and 187 of the Indian Contract Act, 1872 and also upon the judgments in T.R. Bhavani Shankar Joshi and Anr. v. Gordhandas Jamnadas and Anr. and … the provisions of the Order 12, Rule 6; Order 5, Rule 8, is special proviso thereto; as also Section 58 of the Indian Evidence Act, this Court in Razia Begum u Sahebzadi Anwar Begum and Ors., : [1959]1SCR1111

Mani Kant Tiwari Vs. Babu Ram Dixit

Court : Allahabad

Subject : TenancyContract

Acts : Contract Act, 1872 - Sections 23; Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947 - Sections 3(1) and 7D; Evidence Act, 1872 - Sections 58 and 100 to 101; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 2; Transfer of Property Act, 1882 - Sections 108

Reported in : AIR1978All144

the case, no order shall be made as to costs. Tenancy - eviction - Section 23 of Indian Contract Act, 1872, Sections 58, 100 and 101 of Indian Evidence Act, 1872, Order 6 Rule 2 of Code of Civil

Ramanujulu Naidu Vs. Gajaraja Ammal

Court : Chennai

Subject : Contract

Acts : Contract Act, 1872 - Sections 21; Transfer of Property Act, 1882 - Sections 58(1)

Reported in : AIR1950Mad146

appellate Court and dismiss this second appeal with costs. Leave refused. Contract - mortgage - Section 21 of Contract Act, 1872 and Section 58 (1) of Transfer of Property Act, 1882 - vendor mortgaged and sold property of which