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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 … makes a specific departure from the provisions of Section 45 of the Indian Contract Act.(d) Sections 70 and 71 of the MPT Act make specific departure of the provisions contained in the Negotiable Instruments Act, 1881 regarding

Khair Mohd. Khan Vs. S. Eramani and anr.

Court : Andhra Pradesh

Subject : Property

Acts : Tranfer of Property Act, 1882 - Sections 43; Indian Contract Act, 1872 - Sections 23; Andhra Pradesh Building (Lease, Rent and Eviction) Control Act, 1960 - Sections 3; Andhra Pradesh (Telangana Area) Tenance And Agricultural Lands Act, 1956; Andhra Pradesh Housing Board Act, 1956 - Sections 71

Reported in : 1998(4)ALD59; 1998(4)ALT66

to costs. Property - injunction - Section 43 of Transfer of Property Act, 1882, Section 23 of Indian Contract Act, 1872, Section 3 of Andhra Pradesh Building (Lease, Rent and Eviction) Control Act, 1960, Andhra Pradesh (Telangana Area) Tenance And … cannot be equated to such transactions hit by Section 23 of the Indian Contract Act. Theregulations framed under Section 71 of the A.P. Housing Board Act, 1956 or analogous provisions by its predecessor in interest, a scheme was

Institute of Human Behaviour and Allied Sciences vs MI 2 C Securities ...

Court : Delhi

Subject : Arbitration

statutes, rules, notification, etc. since long, and is also a part of common law. Section 23 of the Contract Act, 1872 uses the expression by stating that the consideration or object of an agreement is lawful, unless, inter alia,

Smt. Y. Lalitha Holla and ors. Vs. the Recovery Officer and Bangalore ...

Court : Karnataka

Subject : Banking

Acts : Karnataka Co-operative Societies Act, 1959 - Sections 2A(5), 38(5), 71, 88, 89A, 89D, 99, 100, 101, 101B, 106 and 108; Contract Act, 1872 - Sections 134 and 141; Code of Civil Procedure (CPC) - Sections 144 - Order 2, Rule 2 - Order 21, Rules 81, 85 and 86; Constitution of India - Articles 14, 226 and 227; Karnataka Co-operative Societies Rules, 1960 - Rules 32(2), 33B, 37(5), 38, 38A, 38(2), 38(4), 38(5), 38A(5), 38A(8), 46, 48, 49, 49C(2), 88, 80 and 96; Karnataka Civil Services Rules - Rule 441

Reported in : 2009(1)KarLJ493; 2008(6)AIRKarR388; AIR2009NOC115

the applications for discharging the liability of the petitioners as guarantors in terms of Section 141 of the Contract Act, 1872 and for setting aside the sale transaction, and dispose of the same after giving opportunity to the petitioners.9. … Karnataka Co-operative Societies Rules, 1960 (for short, 'the Rules').6. In terms of Section 101, an award made under Section 71 is to be treated on par with a decree of Civil Court and can be executed as though

Indian Airlines Corporation Vs. Sm. Madhuri Chowdhuri and ors.

Court : Kolkata

Subject : Contract

Acts : Contract Act, 1872 - Section 23; ;Carriage by Air Act, 1934 - Section 4; ;Evidence Act, 1872 - Sections 5, 7, 9, 35 and 81; ;Aircraft Rules, 1937 - Rule 75; ;Fatal Accidents Act, 1855 - Sections 1A and 2

Reported in : AIR1965Cal252

clear authority to say that the liability of common carriers in India is not affected by the Indian Contract Act 1872. Therefore, no question of testing the validity of this exemption clause with reference to Section 23 of the … decision of the Assam High Court in Rukmanand Ajitsaria v. Airways (India) Ltd., reported in AIR 1960 Assam 71 certain important propositions of law arc clearly laid clown. It is an authority to say that the liability

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. … in Prem Nath Kapur and Anr. v. National Fertilizers Corporation of India Ltd. and Ors. [1966] 2 SCC 71, the law laid down in Meghraj's case (supra) has to be held as no good law.11. We are

Godan Namboothiripad Vs. Kerala Financial Corporation, Vellayambalam a ...

Court : Kerala

Subject : Contract

Acts : Kerala Revenue Recovery Act, 1968 - Sections 5, 68 and 71; Limitation Act, 1963 - Sections 1 - Schedule - Article 112; Contract Act, 1872 - Sections 62

Reported in : AIR1998Ker31

a novation of contract, the appellant is clearly liable to pay the amount.6. Section 62 of the Indian Contract Act, 1872 deals with novation of contract. In the book on Indian Contract and Specific Relief Acts by Pullock & … if it is assumed that the Limitation Act is applicable, the amount due to the institution notified under Section 71 of the K.R.R. Act is treated on a par with the amounts due to the Government in terms

Lahari Recording Company Private Limited, Bangalore Vs. Sourabh Market ...

Court : Karnataka

Subject : CommercialIntellectual Property Rights

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9 and 151 - Order 7, Rule 11; Copy Right Act, 1957 - Sections 1 to 6, 9 to 12, 13 to 21, 13(1 and 7), 19-A, 19-A(2), 22 to 29, 30 to 32-B, 33 to 36-A, 37 to 39-A, 44 to 50-A, 51 to 53-A, 53-A(3), 54 to 62, 71 to 73, 72(2) and 74 to 79; Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 - Sections 10, 14 to 16 and 30; Indian Copyright Act, 1914; Copyright Act, 1911; Code of Criminal Procedure (CrPC) , 1973 - Sections 345 and 346; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Indian Contract Act, 1872

Reported in : ILR2000KAR5057; 2001(4)KarLJ78

words, these agreements are nothing but the lawful contracts within the meaning of Section 10 of the Indian Contract Act, 1872, and, therefore, in essence, the plaintiffs suit against defendant is instituted for enforcement of the contractual rights and … of the Registrar of Copyrights and Copyright Board, as also regarding procedure for appeals are provided by Sections 71 to 73 of Chapter XIV. Sections 74 to 79 of Chapter XV contain the provisions relating to miscellaneous

M/s. Flemingo (Duty Free Shop) Pvt. Ltd. and Another Vs. The Commissio ...

Court : Mumbai

Subject : Land Acquisition

with defect of jurisdiction. 29. Savings (1) Nothing in this Act shall affect section 25 of the Indian Contract Act, 1872. (2) Where any special or local law prescribes for any suit, appeal or application a period of limitation … Bench of this Court in the case of Navinon Limited vs. Union of India, reported in 2006(205) ELT 71. Mr. Jetly submits that above dates and which have been disclosed in the list of dates and events

Nutan Kumar and Others Vs. Iind Additional District Judge, Banda and O ...

Court : Allahabad

Subject : TenancyContract

Acts : Indian Contract Act, 1872 - Sections 2, 3, 10, 12 and 23 to 30; Transfer of Property Act, 1882 - Sections 6, 105 and 108; Constitution of India - Article 13, 13(3) and 141; Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947 - Sections 7(2); Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Sections 11, 12, 13, 15, 15(1), 16, 16(1), 17, 17(1) and 31; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 15; Central Provinces and Berar Letting of Houses and Rent Control Order, 1949; Specific Relief Act; Child Marriage Restraint Act, 1929; Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1969 - Sections 5(8); Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 - Sections 166; Uttar P

Reported in : AIR1994All298

relating to all agreements constituting subsratum Of a valid contract are subject to and governting by the Indian Contract Act, 1872, hereinafter called the Contract Act.3. Clauses (h) and (g) of Section 2 of the Contract Act declare that … is avoidedand ignored if it is rendered, in ignoratium of a statute or other binding authority; (1944-1 KB 718, Young v. Bistol Aeroplane Ltd.). same has been accepted, approved and adopted by this Court while interpreting Art.