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Union of India Vs. M/S. Navilakha and Sons

Court : Mumbai

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 63; Provinclal Small Cause Courts Act - Sections 25; Indian Railways Act, 1890 - Sections 78; Code of Civil Procedure (CPC), 1908 - Sections 80

Reported in : AIR1997Bom209; 1997(2)MhLj737

for my consideration is whether there was accord and satisfaction and the provisions of Section 63 of the Contract Act, 1872 are attracted in the present case. 5.The learned counsel for the petitioners submitted that the Court below has

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 … for recovery of the rates payable to the Board in respect of such goods. Reliance was placed on Section 63 of the Act and it was urged that prior to the amendment effected on February 1, 1975 proceeds

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 … made at Column No. 2 in the original suit is maintainable against the defendants and the provision of Section 63 of the KLR Act is no bar for institution of the suit filed by the plaintiff.36. On the

State of Orissa and ors. Vs. Harapriya Bisoi

Court : Supreme Court of India

Subject : Civil

Acts : Orissa Estate Abolition Act, 1951 - Sections 2, 3, 3(1), 3A, 4, 4(1), 4(3), 5, 8, 8(1) and 28; Orissa Survey and Settlement Act, 1958; Orissa Tenancy Act, 1913 - Sections 5(5), 15 and 16; Transfer of Property Act, 1882 - Sections 107; India Registration Act - Sections 17 and 49; Evidence Act, 1872 - Sections 91; Indian Contract Act, 1872 - Sections 17; Orissa Communal Forest and Private Lands (Prohibitions of Alienation) Act, 1948 - Sections 56(1) and 63; Madras General Clauses Act, 1891 - Sections 8; Indian Penal Code (IPC), 1860 - Sections 120B, 167, 420, 468, 471 and 477A; Orissa Government Business Rules

Reported in : AIR2009SC2991; JT2009(7)SC92; 2009(II)OLR(SC)229; (2009)12SCC378; 2009(7)LC3326(SC):2009AIRSCW48062009(4)LHSC2600

if it was at the material date false in substance and in fact. Section 17 of the Indian Contract Act, 1872 defines 'fraud' as act committed by a party to a contract with intent to deceive another. From dictionary … the Act became good by reason of the passing of the later Act. Our attention was drawn to Section 63 of the later Act which provided that:If any question arises whether any land in an estate is a

Citi Bank N.A. Vs. Standard Chartered Bank and ors.

Court : Supreme Court of India

Subject : CommercialBanking

Acts : Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992; Indian Contract Act - Sections 41, 62 and 63; Constitution of India - Article 142; Evidence Act, 1872 - Sections 114

Reported in : AIR2003SC4630; I(2004)BC211(SC); [2003]117CompCas554(SC); (2004)1CompLJ121(SC); 2004(2)CTC374; JT2003(10)SC597; 2003(8)SCALE364; (2004)1SCC12; [2003]47SCL582(SC); 2004(1)LC

of these facts, let us now consider the effect of Section 41, 62 and 63 of the Indian Contract Act, 1872. The same are reproduced here under for ready reference:'41. Effect of accepting performance from third person. - When

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 … place of business, closing and opening of branches and noting of changes in names and addresses of partners. Section 63 which is material for our purposes, provides in Clause (1) that when a change occurs in the constitution

Malu Khan Lalu Khan Vs. Commissioner of Income-tax

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 186; Indian Contract Act, 1872 - Sections 23; Rajasthan Excise Rules, 1956 - Rule 63(4); Excise Act

Reported in : [1986]157ITR457(Raj)

valid in law has not come into existence in view of the provisions of Section 23 the Indian Contract Act, 1872 ? 2. If the answer to the aforesaid question is in the affirmative, whether, on the facts and … in holding that on account of violation by the partners of the firm of Sub-rule (4) of Rule 63 of the Rajasthan Excise Rules, 1956, a firm valid in law has not come into existence in view

Phoenix Mills Ltd. Vs. M.H. Dinshaw and Co.

Court : Mumbai

Subject : Contract

Reported in : AIR1946Bom469; (1946)48BOMLR313

with the performance of those obligations on the part of the defendants under Section 63 of the Indian Contract Act, 1872; and finally they also base their defence on an estoppel operating against the plaintiffs.2. The incidents of a

The Paper Sales Ltd. Vs. Chokhani Bros.

Court : Mumbai

Subject : Contract

Reported in : AIR1946Bom429; (1946)48BOMLR274

extensions to be presumed from the respondents' forbearance, to avoid the contract under Section 55 of the Indian Contract Act,, 1872. The agreements for extension as pleaded are these:(1) Agreement arrived at 'in or about the second week of … does not amount to an extension of time for the performance of a contract within the meaning of Section 63 of the Act, so as to alter the relevant date on which damages are to be assessed. Accordingly

T.K. Shanmugasundara Mudaliar Vs. S.C. Sivalinga Mudaliar and anr.

Court : Chennai

Subject : Contract

Acts : Contract Act, 1872 - Sections 63; Evidence Act, 1872 - Sections 92

Reported in : AIR1952Mad675; (1951)IMLJ292

Court below. 8. The appeal fails and is dismissed with costs. Contract - agreement - Section 63 of Contract Act, 1872 and Section 92 of Evidence Act, 1872 - appeal against suit for recovery of amount due under promissory