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National Textile Corporation (Gujarat) Ltd. Vs. State Bank of India an ...

Court : Supreme Court of India

Subject : SICA

Acts : 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)

Reported in : 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. … event, as part of the amount to be paid had been apportioned for past dues in terms of Section 60 of the Indian Contract Act, this Court should not interfere with the impugned judgment.14. Mr. T.L. Vishwanatha Iyer,

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

Court : Supreme Court of India

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.

U. Kesavulu Naidu Vs. Arithulai Ammal and Six ors.

Court : Chennai

Subject : Contract

Reported in : (1913)ILR36Mad533

Rajah Rup Singh (1898) 20 I.A. 137. Roth these cases were decided after the passing of the Indian Contract Act, 1872, and before the amendment of Section 16 by the Act of 1899. The object of the amendment was … endorsee of a promissory-note of Rs. 1,500 which provided for the payment of interest at the rate of 60 per cent per annum. The makers of the none were five ladies. Two issues were raised: is the

Majety Balakrishna Rao Vs. Mooke Devassy Ouseph and Sons

Court : Andhra Pradesh

Subject : ContractCivil

Acts : Sale of Goods Act, 1930 - Sections 2, 2(14), 25, 25(1), 54, 54(2), 56, 60, 61 and 61(1); Contract Act, 1872 - Sections 73

Reported in : AIR1959AP30

25 (1), 54 (2), 56, 60 and 61 of Sale of Goods Act, 1930 and Section 73 of Contract Act, 1872 - defendant placed order for wagon load of black gingelly by telegram - plaintiff accepted order - sent

Sant Ram Vs. Brij Mohan Kaura (Dead) and ors.

Court : Punjab and Haryana

Subject : Property

Acts : Contract Act, 1872 - Sections 62; Evidence Act, 1872 - Sections 79, 91, 92 and 111; Transfer of Property Act, 1882 - Sections 41 and 59; Registration Act, 1908 - Sections 60; Specific Relief Act, 1963 - Sections 20; Code of Civil Procedure (CPC) , 1908 - Sections 96 and 100

Reported in : AIR2006P& H176; (2006)143PLR655

Bahadur Singh v. Lakhwinder Singh (2002-2)131 P.L.R. 83.(d) That the plea of novation under Section 62 of the Contract Act, 1872, required to be specifically pleaded, an issue framed and evidence adduced, as has been pointed out by the … appears to be well settled that a certificate of registration issued in respect of a registered document under Section 60 of the Registration Act, 1908 is considered to be an ample proof of the fact that the document

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

Matched in: Advocate I.M. Nanavati and; J.M. Shah, Advs. in F.A. No. 1029/60 and;

Pyare Lal Vs. State of Rajasthan and ors.

Court : Rajasthan

Subject : Service

Reported in : 1999(3)WLC148; 1999(1)WLN400

its power under the University of Rajasthan Act, 1946 also attract the provisions of Section 23 of the Contract Act 1872. It is held that as subsequent contract dated 13.8.1984 Annx.4 involves contravention of the provisions of statutory Ordinance … any reason by the time the present writ petition is decided if the petitioner attains the age of 60 years then the respondents may be directed to give all consequential benefits such as emoluments etc.2. Brief facts

United Breweries (Holdings) Limited and Another Vs. Bangalore Internat ...

Court : Karnataka

Subject : Land Acquisition

14. He would also draw the attention of the Court to Sections 59, 60 and 61 of the Contract Act, 1872 to contend that Creditor - Kingfisher Airlines had not intimated the plaintiff that partial amount paid by it … by creditor, it would be in the discretion of such creditor to appropriate the amount as contemplated under Section 60 of the Contract Act, 1872 and accordingly it has been appropriated by plaintiff and as such the defence

Steel Authority of India Ltd. Vs.noble Chartering Inc.

Court : Delhi

Subject : Land Acquisition

same without any liability, would render the Clause void under Section 23, 28 and 73 of the Indian Contract Act, 1872.13. As far as the quantification of damages is concerned, the Arbitrator found that the damages calculated on the … is acting in an arbitrary and high handed manner, which is contrary to the doctrine of legitimate expectation.” 60. In view of the above, the premise of the Arbitrator that a Clause in the Agreement empowering one

State Trading Corpn. of India Ltd. Vs. M/S. Marpro Ltd. U.K.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 30 and 33; Indian Contract Act, 1872 - Sections 63; Sale of Goods Act, 1930 - Sections 60

Reported in : 1999VIAD(Delhi)449; [2001]104CompCas53(Delhi); 86(2000)DLT361

held that the arbitrator had ignored the material on record and the provisions of Section 63 of the Contract Act, 1872, and the provisions of Section 60 of the Sale of Goods Act, 1930 - Further, the contract was