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M/S. Industrial Credit and Development Syndicate Now Called I.C.D.S. L ...
Supreme Court of India
Feb-10-1999
Civil
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;
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. … and begged only for the purpose of putting an imaginary defence to the claim of the appellant-decree holder. Section 59 of the Contract Act deals with the application of payment where debt to be discharged is indicated and
Tag this Judgment! AI Brief & AskNational Textile Corporation (Gujarat) Ltd. Vs. State Bank of India an ...
Supreme Court of India
Aug-08-2006
SICA
Industries (Development and Regulation) Act, 1951 - Sections 18(1); Sick Textile Undertakings (Nationalization) Act, 1974 - Sections 2, 2(1), 3, 3(7), 4, 5, 5(2), 5(3), 8, 17, 20, 21, 22, 27, 27(1) and 29; Sick Textile Undertakings (Taking Over of Management) Act, 1972; Indian Contract Act, 1872 - Sections 59, 60, 61, 128 and 134; Bihar Money Lending (Regulation of Transactions) Act, 1939 - Sections 2; Income Tax Act, 1961; Payment of Gratuity Act; Bombay Relief Undertaking (Special Provision) Act, 1958 - Sections 4(1)
AIR2006SC2927; [2006]134CompCas164(SC); (2006)6CompLJ448(SC); JT2006(7)SC285; 2006(7)SCALE627
same had nothing to do with the adjustment of accounts in terms of the provisions of the Indian Contract Act, 1872. Section 59 of the Indian Contract Act provides for application of payment where debt to be discharged is indicated. Section
Tag this Judgment! AI Brief & AskBharat Sarvodaya Mills Co. Ltd. Vs. Mohatta Brothers Overruled
Gujarat
Apr-01-1968
Civil
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)
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 … of Firms with the prescribed particulars signed by all the partners or their agents and duly verified. Under Section 59 the Registrar registers the firm in the Register of Firms. Sections 60, 61 and 62 deal with, recording
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T.A. Choudhary Vs. State of A.P. and ors.
Andhra Pradesh
May-01-2003
Arbitration
Arbitration Act, 1940 - Sections 30; Contract Act, 1872 - Sections 23, 54, 55, 59 and 73
2004(3)ALD357
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 site was not handed over to the Contractor beyond time. The Division Bench observed thus:'In our view Section 59 has no application. It pertain to compensation. In the present case, we are concerned with the rates for
Tag this Judgment! AI Brief & AskBoard of Trustees of the Post of Bombay and ors. Vs. Sriyansh Knitters
Mumbai
Aug-12-1982
Contract
Major Port Trusts Act, 1963 - Sections 42, 42(2), 43(1), 49, 59(1), 61 and 63 (1); Indian Contract Act, 1872 - Sections 171
AIR1983Bom88; 1983(2)BomCR185; (1982)84BOMLR509
Board of Trustees of the Port of Bombay have been advised that under Section 171 of the Indian Contract Act, 1872. they have a general lien which they can exercise on the goods which come into their Custody of … (b) in payment, according to their respective priorities, of the liens and claims excepted in sub-section (2) of Section 59 from the priority of the lien of the Board; (Constitution) in payment of the rates and expenses of
Tag this Judgment! AI Brief & AskThe Board of Trustees of the Port of Bombay and ors. Vs. M/S Sriyanesh ...
Supreme Court of India
Jul-30-1999
Commercial
Major Port Trusts Act, 1963 - Sections 2, 42, 43, 47, 48, 49, 59, 61, 68, 70, 71, 126 and 131; Indian Contract Act, 1872 - Sections 45, 151, 152, 161 and 171; Constitution of India - Articles 14, 19, 226, 265 and 300A; Arbitration and Conciliation Act, 1996; Indian Railways Act, 1890; Bills of Lading Act, 1856
AIR1999SC2947; 1999(3)CTC91; 2000(69)ECC7; 1999(112)ELT373(SC); JT1999(5)SC172; 1999(4)SCALE318; (1999)7SCC359; [1999]3SCR1238; 1999(2)LC1472(SC)
Board of Trustees of the Port of Bombay have been advised that under Section 171 of the Indian Contract Act, 1872, they have a general lien which they can exercise on the goods which came into their custody of … this submission reliance was sought to be placed primarily on Sections 59 and 61 of the MPT Act. Section 59 and Sub-section (1) of Section 61, which are relevant, read as follows:59. Board's lien for rates-[1] For the
Tag this Judgment! AI Brief & AskPunjab National Bank Vs. Surinder Singh Mandyal and ors.
Himachal Pradesh
Apr-25-1994
BankingContract
Contract Act, 1872 - Sections 59, 61 and 126; ;Code of Civil Procedure (CPC) , 1908 - Section 34
AIR1996HP1
to the plaintiff about the manner of appropriation of the amounts.20. Sections 59, 60 and 61 of the Contract Act, 1872 embody the general rules as regards the appropriation of payments in cases where a debtor owes several distinct … suit, defendant No. 2 imparted any instructions to the plaintiff about the manner of appropriation of the amounts.20. Sections 59, 60 and 61 of the Contract Act, 1872 embody the general rules as regards the appropriation of
Tag this Judgment! AI Brief & AskYanala Malleshwari and ors. Vs. Ananthula Sayamma and ors.
Andhra Pradesh
Oct-24-2006
Property
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
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. … registered in manner provided by this Act, and that the facts mentioned in the endorsements referred to in Section 59 have occurred as therein mentioned.61. Endorsements and certificate to be copied and document returned:- (1) The endorsement and
Tag this Judgment! AI Brief & AskMadan Lal Sobti Vs. Rajasthan State Industrial Development and Investm ...
Delhi
Nov-07-2006
BankingProperty
State Financial Corporation Act, 1951 - Sections 29; Transfer of Property Act, 1882 - Sections 59; Registration Act, 1908 - Sections 17; Contract Act, 1872 - Sections 126 and 127; Registration Act, 1908 - Sections 17; Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1 and 2; Constitution of India - Article 227
I(2007)BC364; (2007)145PLR43
consideration for execution of this mortgage. Learned Counsel referred to the provisions of Section 127 of the Indian Contract Act, 1872 (hereinafter to be referred to as, 'the Contract Act'), which reads as under:127. Consideration for guarantee. - Anything … documents constitute a security for recovery of money by the creditor and in view of the provisions of Section 59 of the Transfer of Property Act, 1882 (hereinafter to be referred to as, 'the T.P. Act') would not
Tag this Judgment! AI Brief & AskGopalakrishnan Vs. Rajamma
Kerala
Jul-14-2006
Property
Transfer of Property Act - Sections 122 and 126; Specific Relief Act, 1963 - Sections 31; Limitation Act, 1963 - Sections 3 - Schedule - Articles 59, 60 and 113; Hindu Minority and Guardianship Act, 1956 - Sections 6, 8, 8(2) and 11; Indian Contract Act, 1872 - Sections 19 and 19A; Evidence Act, 1872 - Sections 44 and 114; Kerala Stamp Act
2006(4)KLT377
but for the said provision, avoid the transfer by recourse to Sections 19 and 19A of the Indian Contract Act, 1872. This is because those provisions of the Contract Act apply only to agreements. Reciprocity, which is the hallmark … will have to be filed within 3 years as provided under Article 59 of the Limitation Act, 1963. Even where the document is void, once … and A-4 are all settlement deeds styled as 'dhananishchayadharam', all those documents are transactions of gift falling under Section 122 of the Transfer of Property Act. The T.P. Act does not define or specifically deal with 'settlement
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