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

Court : Supreme Court of India

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. … of such offer. On 04.12.2003, the appellant filed an Arbitration Petition No. 514/2003 in the High Court under Section 9 of the Arbitration and Conciliation Act, 1996 praying, inter alia, for an interim order that pending the commencement

Modi Rubber Ltd. Vs. Guardian International Corp.

Court : Delhi

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 16 and 18; Companies Act, 1956 - Sections 82; Arbitration and Conciliation Act, 1996 - Sections 6, 6.1, 9, 11, 17, 18, 19 to 24, 25 and 36; Indian Contract Act, 1872 - Sections 27, 32, 39 and 56; Specific Relief Act, 1963 - Sections 10, 14, 14(1), 16, 21, 23, 41, 41(1) and 42; Arbitration Act, 1940 - Sections 18, 20 and 41; Code of Civil Procedure (CPC) , 1908 - Sections 148A - Order 38, Rule 5 - Order 39; LCIA Rules; Constitution of India - Articles 16 and 226

Reported in : 2007(2)ARBLR133(Delhi); 141(2007)DLT822

in the SHA. The respondent has not challenged Clause 14 of the SHA on any ground under the Contract Act also.79. The shareholders agreement between the parties in the instant case does not cast an absolute restriction on … as embodied in Sections 32 and 56 of the Indian Contract Act, 1872.We hold, thereforee, that the doctrine of frustration is really an aspect or … venture.35. Perusal of the application filed by Guardian shows that it has been captioned as an application under Section 9 of the Arbitration and Conciliation Act, 1996. The arbitration clause which has been referred and reproduced in para

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

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9; Contract Act, 1872 - Sections 27

Reported in : 2004(1)ALLMR384; 2004(2)BomCR47; (2006)5CompLJ271(Bom)

common law principle applicable in England while it has a statutory recognition under section 27 of the Indian Contract Act, 1872. While construing the provisions of section 27 of the Contract Act, the High Courts in India have held … D.G. Karnik, J.1. Heard the learned Counsel for the parties.2. This is a petition under section 9 of the Arbitration and Conciliation Act, 1996 (for short 'the Act'). The facts giving rise to the disputes

M/s. Visakha Petroleum Products Pvt. Ltd. Vs. B.L. Bansal, Sole Arbitr ...

Court : Mumbai

Subject : Arbitration

to urge that clause 10.2 of the agreement was void as opposed to Section 28 of the Indian Contract Act, 1872. 12. The learned arbitrator rejected the allegations of official bias made against him by the petitioner. It is … been made (hereinafter referred to as “the Delivery date”). If such claim is not admitted in full within 90 days of its being filed with the other party, it shall automatically lapse and be forfeited and the

Kal Airways Private Limited Vs. Spicejet Limited and Another

Court : Delhi

Subject : Land Acquisition

submissions of SEBI/BSE, issuance and allotment of warrants is impossible under law, therefore, Section 56 of the Indian Contract Act, 1872 read with Clause 17.6 of the SPA is triggered and now it is to be decided at this … Pvt. Ltd., the petitioner in OMP (I)(Comm) No.71/2016 and Mr.Kalanithi Maran, the petitioner in OMP(I)(Comm) No.72/2016 filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as the Act ). 2. The Petitioner Kalanithi Maran

Balaji Coke Industry Pvt. Ltd. Vs. Maa Bhagwati Coke (Guj) Pvt. Ltd.

Court : Supreme Court of India

Subject : ArbitrationContract

Acts : Companies Act; Arbitration and Conciliation Act, 1996 - Sections 9; Contract Act, 1872 - Sections 28; Code of Civil Procedure (CPC) - Sections 16, 20 and 25; Supreme Court Rules; Constitution of India - Article 139A(2)

Reported in : 2009(4)AWC4091(SC); JT2009(12)SC250; 2010(2)MhLJ145(SC); 2009(II)OLR(SC)845; 2009(12)SCALE343; (2009)9SCC403:2009AIRSCW5751:2009(5)LHSC3221

to the Calcutta High Court.20. There will, however, be no order as to costs. - Section 25 & Contract Act, 1872, Section 28: [Altamas Kabir & Cyriac Joseph, JJ] Transfer of petition - Jurisdiction Held, Where two Courts or more … January, 2009, in Arbitration Application No. 1 of 2008 purported to have been filed by the Respondent-Company under Section 9 of the Arbitration and Conciliation Act, 1996, praying for an injunction to restrain the Petitioner, his servants and

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 … Nathoo Lal v. Durga Prasad : [1955]1SCR51 wherein it is held that jurisdiction of the Civil Courts under Section 9 of the CPC is not a bar to entertain suit in respect of the order passed by the

Shri VipIn Mehra Vs. Star India Pvt. Ltd.

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2; Indian Contract Act, 1872 - Sections 2 and 4

Reported in : 2003(3)ARBLR178(Delhi); 106(2003)DLT516; 2003(70)DRJ677; 2003(3)RAJ435

not between petitioner and respondent this Court must observe at the outset itself that according to the Indian Contract Act, 1872 a concluded contract comes into existence as soon as an offer made by one party is accepted by … R.C. Chopra, J.1. This petition under Section 9 of the Arbitration and Conciliation Act 1996 ( hereinafter referred to as 'the Act' only) is with the

Wipro Limited Vs. Beckman Coulter International S.A.

Court : Delhi

Subject : Arbitration

Acts : Contract Act, 1872 - Sections 27 and 28; Arbitration and Conciliation Act, 1996 - Sections 9; Specific Relief Act, 1963 - Sections 41 and 42

Reported in : 2006(3)ARBLR118(Delhi); 2006(2)CTLJ57(Del); 131(2006)DLT681

clause. Fourthly, he mentioned that any restraint on employment would be vocative of Section 27 of the Indian Contract Act, 1872 and that the ratio of the decision in the case of Pepsi Foods Ltd and Ors. v. Bharat … Badar Durrez Ahmed, J. 1. In this petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the said Act'), the petitioner is seeking

Mathuradas Canji Matani Vs. Ebrahim Fazalbhoy

Court : Mumbai

Subject : Civil

Reported in : AIR1927Bom581; (1927)29BOMLR1296

to in this respect.12. Turning next to the law of India, Sections 239 to 266 of the Indian Contract Act, 1872, deal with partnership. Section 253(10) provides that, in the absence of any contract to the contrary, partnerships are … subject to the prior payment of his separate debts for the unsatisfied debts of the firm : see Section 9 of the English Partnership Act of 1890. Section 43 of the Indian Contract Act, however, appears to make