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Phonographic Performance Ltd. Vs. Hotel Gold Regency and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 30, 33, 33(1), 33(3), 34, 34(1), 34(3), 35, 35(2), 51, 53A, 54, 55, 61, 61(1) and 62; Indian Contract Act, 1872 - Sections 188; Companies Act, 1956; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11

Reported in : AIR2009Delhi11; 151(2008)DLT210; LC2008(2)451; 2008(37)PTC587(Del)

was placed by the learned Counsel for the plaintiff on the provisions of Section 188 of the Indian Contract Act, 1872 which defines the extent of an agent's authority. An agent having authority to carry on a business, has … copyright society in the absence of the owner of the copyright?2. Whether, in view of the provisions of section 61 of the Copyright Act, 1957, inasmuch as the owner of the copyright has not been made a party

Board of Trustees of the Post of Bombay and ors. Vs. Sriyansh Knitters

Court : Mumbai

Subject : Contract

Acts : Major Port Trusts Act, 1963 - Sections 42, 42(2), 43(1), 49, 59(1), 61 and 63 (1); Indian Contract Act, 1872 - Sections 171

Reported in : 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 … this Court. The controversy, at the end of the trial, narrowed down to the scope and effect of Section 61-B and paragraph 2 of Section 87 of the Bombay Port Trust Act. The High Court, in appeal, came

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. … is indicated. Section 60 thereof provides for application of payment where debt to be discharged is not indicated. Section 61, however, provides that in absence of any party making appropriation, the payment shall be applied in discharge of

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. … Lahore High Court in Jia Ram v. Sulakhan Mal. dealt with the scope of Section 59 to Sections 61 of the Contract Act and held:'Sections 59 to 61, Contract Act, embody the general rules as to appropriation

The Board of Trustees of the Port of Bombay and ors. Vs. M/S Sriyanesh ...

Court : Supreme Court of India

Subject : Commercial

Acts : 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

Reported in : 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 … 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 amount of all rates (leviable under

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

Mr.K.M.Manoharan, S/o. Raman Vs Church of South India Trust Associatio ...

Court : Chennai

Arbitrator is not inconsonance with law.27.It will be relevant to take note of Section 65 of the Indian Contract Act, 1872 and for proper appreciation, the same is extracted hereunder: 65.Obligation of person who has received advantage under void

Punjab National Bank Vs. Surinder Singh Mandyal and ors.

Court : Himachal Pradesh

Subject : BankingContract

Acts : Contract Act, 1872 - Sections 59, 61 and 126; ;Code of Civil Procedure (CPC) , 1908 - Section 34

Reported in : 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

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 … and duly verified. Under Section 59 the Registrar registers the firm in the Register of Firms. Sections 60, 61 and 62 deal with, recording of alteration in firm name and principal place of business, closing and opening

Leela Hotels Ltd. Vs. Housing and Urban Dev.Corp.Ltd.

Court : Supreme Court of India

Subject : Arbitration and Conciliation

Acts : Arbitration And Conciliation Act, 1996 - Section 34; Contract Act. - Sections59, 60; Indian Contract Act, 1872.

Reported in : AIR2012SC903; 2012(1)AWC(Supp)39SC; (2012)1MLJ641(SC); 2011(12)SCALE573; (2012)1SCC302

& Ors. [(1999) 3 SCC 80], wherein, this Court had held that Sections 59 and 60 of the Contract Act, 1872, would only be applicable at the pre-decretal stage and not thereafter and that post-decretal payments would have to … initially by Leela Hotels to HUDCO till the date of the Award.5. The Appellant filed its objections under Section 34 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as the "1996 Act", before the High