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Municipal Corporation Chandigarh and ors. Etc. Vs. Shantikunj Investme ...

Court : Supreme Court of India

Subject : PropertyContract

Acts : Capital of Punjab (Development and Regulation) Act, 1952 - Sections 2, 3, 3(2), 5, 7, 8, 8A, 22 and 67; Punjab Municipal Act, 1911; Capital of Punjab (Development and Regulation) (Amendment) Act, 1973; Contract Act, 1872 - Sections 67; Specific Relief Act, 1963 - Sections 2; Transfer of Property Act, 1882 - Sections 105 and 108; Income Tax Act, 1961 - Sections 119; Narcotic Drugs and Psychotropic Substances Act, 1985; Punjab Urban Estates (Development and Regulation) Act, 1964; Code of Criminal Procedure (CrPC) - Sections 482; Chandigarh Lease-Hold of Sites and Buildings Act; Chandigarh Lease-Hold of Sites and Buildings Rules, 1973 - Rules 3(2), 8, 9, 11(2), 12, 12(2), 12(3), 12(3A), 13; Punjab Urban Estates (Sales of Sites) Rules, 1965; Urban Development Authority (Disposal of Land

Reported in : AIR2006SC1270; 2006(1)CTLJ145(SC); JT2006(3)SC1; 2006(2)SCALE712; (2006)4SCC109

a condition precedent. In this connection, learned Cousel referred to necessary provisions of Section 67 of the Indian Contract Act, 1872. Section 67 of the Act provides that if any promise neglects or refuses to afford the promisor reasonable facilities for

Rama Shankar Singh and anr. Vs. Mst. Shyamlata Devi and ors.

Court : Supreme Court of India

Subject : TenancyCivil

Acts : Indian Contract Act, 1872 - Sections 43; Bihar Tenancy Act, 1885 - Sections 67(1), 184 and 193 - Schedule - Article 2

Reported in : AIR1970SC716; 1970(0)BLJR556; [1969]2SCR360

on default of payment of rent for two consecutive years. Having regard to sec. 43 of the Indian Contract Act, 1872 defendants 1 and 2 were jointly and severally liable to pay the rent. It was not disputed before … in respect of rent for 1356 and 1357 Faslis was barred by limitation, and (3) in view of Section 67 of the Bihar Tenancy Act the plaintiffs could claim interest at the rate of 6 1/4% per annum

Kerala State Financial Enterprises Ltd., Thrissur Vs. C.J. Thampi and ...

Court : Kerala

Subject : Commercial

Acts : Kerala Revenue Recovery Act, 1968 - Sections 67 and 83; Contract Act, 1872 - Sections 128

Reported in : AIR2000Ker36

Mills Ltd., AIR 1986 SC 868, wherein it has been held that under Section 128 of the Indian Contract Act, 1872 save as provided in the contract, the liability of the surety is co-extensive with that of the principal … financially well off. What is stated in Ext. P-4 order of the State of Kerala is that under Section 67 of the Act, the Government had discretionary powers under which it can enforce the revenue recovery proceedings against

Gea Egi Contracting / Engineering Co Ltd Vs. Bharat Heavy Electricals ...

Court : Delhi

Subject : Arbitration

for a foreign party to engage in construction works. He submitted that under Section 56 of the Indian Contract Act, 1872, BHEL was absolved from performance of its obligations, since execution of the Tishreen Project had become impossible due … were entitled to claim cost compensation as a result of a force majeure event. He referred to paragraph 67 and 70 of the impugned award wherein the Arbitral Tribunal had accepted that the conditions in Syria would

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 … in this case was by way of measurements to enable to Arbitrator to form his own independent judgment. 67. Merely because the surveyors observed that the material was in such a bad condition that it was not

Padmakar Vs. State Bank of India and anr.

Court : Mumbai

Subject : Banking

Acts : Indian Contract Act, 1872 - Sections 140 and 141; Code of Civil Procedure (CPC) , 1908 - Sections 34

Reported in : II(2007)BC474

any or other such security and that notwithstanding the provision of Sections 140 and 141 of the Indian Contract Act, 1872, or any other section of that Act or any other law, the guarantor(s) will not claim to be … tendered evidence. During pendency of the suit, on 26th February, 1996, the appellant filed an application at Exhibit 67 for direction to attach property of defendant No. 1 which was hypothecated to the Bank and also for

Mohan Sons (Bombay) Private Ltd. Vs. Lady Sonoo Jamatji Jejeebhoy and ...

Court : Mumbai

Subject : Tenancy

Acts : Evidence Act, 1872 - Sections 67; Transfer of Property Act, 1882 - Sections 106 and 111; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 5(3) and 12(1)

Reported in : AIR1976Bom417; (1976)78BOMLR195; ILR1977Bom1146

the contents of the document in question. According to the learned Judge, Section 67 of the Indian Evidence Act, 1872, permits the proof of the signature or handwriting of the persons signing or writing the document to be … the notice to quit. According to defendants Nos. 1 and 2, in fact, there was no sub-letting. The contract between defendant No. 1 and defendant No. 2 was a contract of leave and licence. A number of

Sanwal Kunwar Vs. Murli

Court : Allahabad

Subject : Land Acquisition

Reported in : 16Ind.Cas.339

Tenancy Act (II of 1901), Sections 67, 197 - Nature ,of suit can be altered--Appeal--Contract Act (IX of 1872), Section 23--Agreement by tenant to pay rent at higher rate for unspecified period is unlawful--Landlord and tenant--Ejectment suit--Determination of … that contract, and in this connection reference is made to the provisions of Section 74 of the Indian Contract Act.2. This latter point may, think, be briefly disposed of. There is nothing in Section 197 of the Agra

Kishan Arjuna Khansole Vs. Ababuwa Baba Khansole

Court : Mumbai

Subject : ContractProperty

Acts : Transfer of Property Act, 1882 - Sections 53-A; Indian Contract Act, 1872 - Sections 8 and 10; Evidence Act, 1872 - Sections 61 and 67; Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 - Sections 24

Reported in : 2000(4)BomCR433; 2000(4)MhLj854

- consideration - Section 53 A of Transfer of Property Act, 1882, Sections 8 and 10 of Indian Contract Act, 1872, Sections 61 and 67 of Indian Evidence Act, 1872 and Section 24 of Bombay Prevention of Fragmentation and

Gopala Pillai Vs. the State Bank of Travancore and anr.

Court : Kerala

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 67; Contract Act, 1872 - Sections 2

Reported in : AIR1979Ker224

respective costs. Property - recovery - Section 67 of Transfer of Property Act, 1882 and Section 2 of Contract Act, 1872 - suit for recovery of due amounts under mortgage - 2nd defendant-appellant not bona fide purchaser for value