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Jun 05 2007

Andritz Oy, Rep. Through Power of Attorney Agent, Mr. Siraj Ahmad Vs. ...

Court : Chennai

Decided on : Jun-05-2007

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 2(1), 7, 7(1), 7(2), 7(3), 7(4), 7(5), 8, 11(6), 16, 16(1), 44 to 52, 53 and 54 - Schedule - Article 11(2) and 11(3); Companies Act, 1956 - Sections 2(35), 3, 3(1), 26, 28, 31, 36, 39, 40, 79 and 82; Transfer of Property Act; Arbitration Act, 1940 - Sections 7, 8(2) and 47(1); Contract Act, 1872 - Sections 2, 19, 19A, 20, 23 to 30, 35, 36 and 56; Code of Civil Procedure (CPC) , 1908 - Order 6, Rules 2 and 4 - Order 7, Rule 14(1); United Nations Commission on International Trade Law, 1985; United Nations Commission on International Trade Law Conciliation Rules, 1980; Arbitration of the International Chamber of Commerce Rules

Reported in : 2007(3)ARBLR545(Madras)

would perish along with the main contract, we may have to take recourse to the provisions of the Contract Act, 1872.38. The Contract Act, 1872, among other things, deals with--(1) valid and enforceable contracts; (2) voidable contracts; (3) contracts … analysed in extenso, the case-law on the question of jurisdiction of civil courts and drew the distinction between Section 8 and Section 45 of the Act (coming under Part I and Part II of the Act respectively), as

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Mar 27 2000

Nath Bros. Exim International Ltd. Vs. Best Roadways Ltd.

Court : Supreme Court of India

Decided on : Mar-27-2000

Subject : ConsumerContract

Acts : Carriers Act, 1865 - Sections 3, 4, 5, 6, 8 and 9; Indian Contract Act, 1872 - Sections 148, 151, 152 and 168; English Common Law Rule; Negotiable Instruments Act; Octroi (Export) Promotion Rule 1976

Reported in : I(2000)ACC434; JT2000(3)SC433; (2000)125PLR461; 2000(2)SCALE537; (2000)4SCC553; [2000]2SCR538; 2000(2)LC865(SC); (2001)1LW756

learned Counsel for the appellant, we may reproduce the provisions of Section 151 & 152 of the Indian Contract Act, 1872, hereinbelow:151. In all cases of bailment the bailee is bound to take as much care of the goods … is provided that the liability shall not be deemed to be limited or affected by any public notice.10. Section 8 provides in specific terms that where any property is entrusted to any carrier for being carried to the

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Apr 20 2015

Union of India Through Executive Engineer, Mumbai Central Division No. ...

Court : Mumbai

Decided on : Apr-20-2015

Subject : Arbitration

of the petitioner has held that Special Condition No.8 was in violation of section 23 of the Indian Contract Act, 1872 and section 3 of Competition Act, 2002 and the contract should be considered void in view of the

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Jan 03 2013

Ghulam Nabi Dar and ors. Vs. State of Jandk and ors.

Court : Supreme Court of India

Decided on : Jan-03-2013

Subject : Civil

Acts : Jammu and Kashmir State Evacuees' (Administration of Property) Act, 2006 - Sections 6, 16, 5; Agrarian Reforms Act, 1976 - Sections 3, 4, 8; Code of Civil Procedure (CPC) - Order 23, Rule 3; Contract Act, 1872 - Section 23

Reported in : AIR2013SCW468; 2013(1)SCJ918

Court for the purpose of passing a decree.The learned third Judge then referred to Section 23 of the Contract Act, 1872, whereby any agreement which the Court regards as immoral or opposed to public policy, is void. The learned … Government?31. The other branch of submissions made on behalf of the Appellants, which merits consideration, is whether on Section 8 of the 2006 Act having been declared ultra vires, a party could be left without a remedy as

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Aug 20 2005

Peri Bhaskararao and ors. Vs. Sathi Adilakshmi

Court : Andhra Pradesh

Decided on : Aug-20-2005

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 45; Hindu Succession Act, 1956 - Sections 6 and 9; Hindu Minority and Guardianship Act, 1956 - Sections 8; Specific Relief Act, 1963; Transfer of Property Act - Sections 67; Code of Civil Procedure (CPC) - Order 34, Rule 1; Hindu Law; Mitakshara Law; Hindu Succession (Amendment) Act, 1986

Reported in : AIR2006AP212

implied agency and ratification while drawing the attention of this Court to the relevant provisions of the Indian Contract Act 1872. The learned Counsel also would maintain that at the lime of the execution of the agreement the same … are bound by Ex. A-1. The learned Counsel also explained in this context the scope and ambit of Section 8 of Hindu Minority and Guardianship Act 1956. The Counsel after making elaborate submissions on the notification and denotification

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Dec 09 1999

Flowmore (P.) Ltd., New Delhi Vs. U.P. State Industrial Development Co ...

Court : Allahabad

Decided on : Dec-09-1999

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 18, 18(1, 2 and 8) and 32; Indian Contract Act, 1872 - Sections 55, 56 and 62; Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972 - Sections 3(1); Companies Act, 1956 - Sections 2(46), 3(1), 194(1) and 481; Constitution of India - Article 226; Income Tax Act, 1961 - Sections 41, 41(1) and 48(1); Foreign Exchange Regulation Act, 1973; Urban Land (Ceiling and Regulation) Act, 1976

Reported in : 2000(1)AWC493

whether the arbitration clause falls within a contract which becomes impossible of performance under Section 56 of the Contract Act, 1872. The principles laid down therein per majority are these-'(1) an arbitration clause is a collateral term of a … and credit it to the treasury of his district under intimation to the former and the notice dated 8.10.98 issued from the Court of Sub-Divisional Officer of the concerned area. New Delhi to the petitioner directing the

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Mar 22 2006

Percept D'Markr (India) Pvt. Ltd. Vs. Zaheer Khan and Anr.

Court : Supreme Court of India

Decided on : Mar-22-2006

Subject : ArbitrationContract

Acts : Indian Contract Act, 1872 - Sections 27; Companies Act, 1956; Arbitration and Conciliation Act, 1996 - Sections 9 and 36; Specific Relief Act, 1963 - Sections 14, 14(1), 41 and 42; Arbitration and Conciliation Rules

Reported in : AIR2006SC3426; 2006(2)ARBLR34(SC); 2006(2)AWC1869(SC); 2006(5)BomCR322; (2006)5CompLJ224(SC); 2006(1)CTLJ100(SC); (2006)4MLJ1695; 2006(3)SCALE324; (2006)4SCC227

Pvt. Ltd. and the respondent No. 1 - Zaheer Khan is void under Section 27 of the Indian Contract Act, 1872 has been in restraint of trade. It was submitted by learned senior counsel for the appellant - Mr.

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Nov 27 1984

Jugaldas Amritlal Vs. Harilal Talakchand and ors.

Court : Gujarat

Decided on : Nov-27-1984

Subject : Contract

Acts : Carriers Act, 1865 - Sections 6, 8 and 10; Contract Act, 1872 - Sections 151, 152 and 192; Railways Act, 1890 - Sections 16

Reported in : AIR1986Guj88

to take card of the goods so bailed to him as defined in S. 151 of the Indian Contract Act, 1872, and that a delivery of the goods to the carrier constituted a bailment within the meaning of the … 4, the suit is not maintainable against them by the plaintiff. He has relied upon the provisions of Sections 190, 191 and 192 of the Contract Act, 1872, and contended that the contract for carriage was between … G. T. G. 155. The plaintiff also sent with another chit Ex. 85 a draft for Rs. 10,000/-, being the price of the contracted goods.3.

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Dec 08 1988

Zila Parishad, Muzaffarnagar and anr. Vs. Udai Veer Singh

Court : Allahabad

Decided on : Dec-08-1988

Subject : Civil

Acts : Sale of Goods Act, 1930 - Sections 64; Contract Act, 1872 - Sections 8; Constitution of India - Articles 14, 226 and 299

Reported in : AIR1989All64

to contracts the expression 'reasonable time' has been referredto both in the Sale of Goods Act-1930 and the Contract Act-1872. The Sale of Goods Act makes a reference to this expression in Section 63, which reads as under:-- … of the previous year. The other aspect which has to be examined is what has occasioned the change. 8. These circumstances cannot be better found than in the notings made on the official files of the Zila

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May 14 2018

Rajbir Singh & Anr vs.jaswant Yavdav

Court : Delhi

Decided on : May-14-2018

Subject : Land Acquisition

judgment, and these paras read as under:-"―38. Here, the court would refer to Section 74 of the Indian Contract Act, 1872 which lays down the law with respect to compensation for breach of contract where a sum is named … land measuring 11 bighas 1 biswas, RFA No.404/2018 Page 1 of 36 out of Khasra No.38//2/2(4-13), 9(4-16) and 8/2(1-12) situated in Village Mitraon, Tehsil Najafgarh, New Delhi, however the trial court decreed the suit in favour of

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