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The Peerless General Finance and Investment Co. Ltd. Vs. Punjab and Si ...

Court : Delhi

Subject : Commercial

Acts : Companies Act, 1956; Letters Patent Act; Contract Act, 1872 - Sections 10, 20, 23, 29, 128; Evidence Act, 1872 - Sections 91 and 92; Banking Regulation Act, 1949 - Sections 21 and 35; Special Court (Trial of Offences relating to Transactions in Securities) Act, 1992; Civil Proceduer Code - Order 23, Rule 1(4) - Order 2, Rule 2

Reported in : 2008(1)CTLJ74(Del)

issued in respect of an inter-corporate advance. A reference was also made to Section 20 of the Indian Contract Act, 1872 (hereinafter referred to as the 'Contract Act') which provides that an agreement is void where both parties to … bond would be the repository of the obligations of the guarantor flowing from the surety bond. As per Sections 91 and 92 of the Indian Evidence Act, 1872, no evidence dehors the terms of the agreement, whether … guarantees from a 'respectable' bank for the consideration of their request. On 29.09.1988, ten guarantees are stated to have been issued by the defendant of

M/S. Tirputi Plywood Product (P) Ltd. and Another Etc. Vs. the Pradesh ...

Court : Allahabad

Subject : Commercial

Acts : State Financial Corporations Act, 1951 - Sections 29 and 29(4); Indian Contract Act, 1872 - Sections 126, 128 and 134; Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 20, Rule 11(1) and Order 21, Rule 90; Companies Act, 1956 - Sections 433 and 483; Uttar Pradesh Public Money (Recovery of Dues) Act; U.P.Z.A. & L.R. Rules - Sections 282

Reported in : AIR1997All364

Company the petitioners cannot resile from the said agreement by raising technical pleas.48. Section 128 of the Indian Contract Act, 1872 lays down that the liability of the surety is co-extensive with that of the principal debtor, unless it … Liquidator. High Court, Ernakulam. (1982) 3 SCC 358 : (A1R 1982 SC 1497) after considering the provisions of Sections 128. 134 and 126 of the Contract Act, observed, that by virlue of Section 128 of the Contract … from the financial institution and when notices purporting to be one underSection 29 of the U.P. Financial Corporation Act, arc issued, they file civif cases

Sughra Bee Vs. Kareez Fatima Qureshi

Court : Andhra Pradesh

Subject : Contract

Acts : Contract Act, 1872 - Sections 29; Specific Relief Act, 1963 - Sections 15

Reported in : 2004(3)ALD821; 2004(3)ALT704

sold and is not such a document hit by uncertainty as contemplated by Section 29 of the Indian Contract Act, 1872 ?2. Whether Ex.A-1 is hit by Section 29 of the Indian Contract Act 1872 inasmuch as it does … writing, can the Courts below go into oral evidence for substantiating the documents which would be contrary to Sections 91 and 92 of the Indian Evidence Act, 1872 ?4. Whether the suit is within limitation ?5. Whether

Everest Wools Pvt. Ltd. and ors. Vs. U.P. Financial Corporation and or ...

Court : Supreme Court of India

Subject : Civil

Acts : State Financial Corporations Act, 1951 - Sections 29 and 31; ;Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972; Indian Contract Act, 1872 - Sections 151; Constitution of India - Articles 12 and 14

Reported in : 2008(1)AWC834(SC); I(2008)BC594(SC); 2008BusLR121(SC); [2008]141CompCas361(SC); 2007(2)CTLJ451(SC); JT2008(1)SC140; 2007(14)SCALE445; 2008(1)SCC643; 2008(2)CivilLJ77; 2008(1)LH(SC)538; (2008)1SCC643

been alleged that proper care thereof had not been taken as envisaged under Section 151 of the Indian Contract Act, 1872, the respondents are not liable to reimburse the appellants for the loss of articles. According to the learned … JJ] State Corporation under State Financial Corporations Act, 1951 is a State.-- STATE FINANCIAL CORPORATIONS ACT, 1951 [63/1951]. Sections 29, 30 & 31; Manner of exercise of powers under the sections Taking over of plant and machinery theft

National Textile Corporation (Gujarat) Ltd. Vs. State Bank of India an ...

Court : Supreme Court of India

Subject : SICA

Acts : Industries (Development and Regulation) Act, 1951 - Sections 18(1); Sick Textile Undertakings (Nationalization) Act, 1974 - Sections 2, 2(1), 3, 3(7), 4, 5, 5(2), 5(3), 8, 17, 20, 21, 22, 27, 27(1) and 29; Sick Textile Undertakings (Taking Over of Management) Act, 1972; Indian Contract Act, 1872 - Sections 59, 60, 61, 128 and 134; Bihar Money Lending (Regulation of Transactions) Act, 1939 - Sections 2; Income Tax Act, 1961; Payment of Gratuity Act; Bombay Relief Undertaking (Special Provision) Act, 1958 - Sections 4(1)

Reported in : AIR2006SC2927; [2006]134CompCas164(SC); (2006)6CompLJ448(SC); JT2006(7)SC285; 2006(7)SCALE627

same had nothing to do with the adjustment of accounts in terms of the provisions of the Indian Contract Act, 1872. Section 59 of the Indian Contract Act provides for application of payment where debt to be discharged is … under Act of 1872 would continue to remain available to respondent-Bank even if Act of 1958 applies. - Sections 29 & 30: [S.B.Sinha & Cyriac Joseph,JJ] Sale of factory Held, When Movable and other property in factory was

State Bank of India Vs. Punjab National Bank

Court : Delhi

Subject : Contract

Acts : Negotiable Instruments Act, 1881 - Sections 131; Indian Contract Act, 1872 - Sections 72

Reported in : I(1996)BC251; 57(1995)DLT55

entitled to recover any amount from defendant no. 1 under the provisions of Section 72 of the Indian Contract Act, 1872 Ifso, to what amount is the plaintiff entitled and on what basis?2. Is the plaintiff entitled to the … no negligence on its part as a collecting Bank and it also sought protection under the provisions of Sections 131 and 131(A) of the Negotiable Instruments Act.(25) The Division Bench held under the circumstances of the case … has been credited.The plaintiff believed the cheque to be genuine and on 29/12/1964 made payment of the cheque to defendant No. 1 (Punjab National Bank),

Dai-ichi Karkaria Private Ltd., Bombay Vs. Oil and Natural Gas Commiss ...

Court : Mumbai

Subject : CommercialCustoms

Acts : Specific Relief Act, 1963 - Sections 38; Code of Civil Procedure (CPC), 1908 - Sections 94 and 151 - Order 6, Rule 4 and Order 39, Rules 1 and 2; Indian Contract Act, 1872 - Sections 15 and 17; Companies Act, 1956; Customs Act, 1962 - Sections 25; Indian Penal Code (IPC), 1860

Reported in : AIR1992Bom309; 1991(4)BomCR631; (1991)93BOMLR183

defendant No. I did not say a word. On this aspect, theExplanation to Section 17 of the Indian Contract Act, 1872 is of considerable significance. The said Explanation reads as under:--'Explanation silence as to facts likely to affect the … Civil Procedure Code (Act V of 1908),;Sections 94, 151; Order XXXIX, Rules 1, 2--Contract Act (Act IX of 1872), Sections 14, 15, 16, 17.;It is well-settled that Courts of law are not entitled to interfere with the irrevocable … plaintiff submitted its quotation to defendant No. 1 in that behalf on 29th June 1983 offering to supply 3,600 M.T. of the said goods. (b)

The Secretary of State for India Vs. Bhaskar Krishnaji Samant

Court : Mumbai

Subject : Civil

Reported in : AIR1925Bom485; (1925)27BOMLR973

in case of a breach of the conditions thereof may, notwithstanding anything in Section 74 of the Indian Contract Act, 1872, be recovered from him in case of such breach as if it were an arrear of land-revenue.16. It … Rules framed by Bombay Government-Intra vires-prohibition to tenderer from withdrawing a tender once made-Indian Contract Act (IX of 1872), Sections 5 and 25.;The rule framed by the Government of Bombay, under Section 75 (d) of the Indian Forest … tender, and he refused to pay. He was then informed on October 29, that there would be are-sale of that coupe. In fact it was

Commissioner of Sales Tax, U.P. Vs. Auriaya Chamber of Commerce, Allah ...

Court : Supreme Court of India

Subject : Sales Tax

Acts : Limitation Act, 1908 - Schedule - Article 96; Constitution of India - Articles 96, 226, 265 and 286(1); Indian Contract Act, 1872 - Sections 72; Code of Civil Procedure (CPC), 1908 - Sections 80; Uttar Pradesh Sales Tax Act, 1948 - Sections 29

Reported in : AIR1986SC1556; 1986(25)ELT687(SC); [1987]167ITR458(SC); 1986(1)SCALE1068; (1986)3SCC50; [1986]2SCR430; [1986]62STC327(SC)

well as from the assessee is recognised in the scheme of the Act.23. Section 72 of the Indian Contract Act, 1872 recognised that a person to whom money has been paid, or anything delivered, by mistake or under coercion, … was no Section dealing with any period of limitation for refund. Section 29 was added by U.P. Sales Tax (Amendment) Act VII of 1959 and … prescribed. It is not necessary for the present purpose to deal in detail with the said provisions.20. Various Sections of the Act deal with the various stages of taxation. It is not necessary to deal with these

indo Flogates Ltd. Vs. Hemanta Bhattacharya

Court : Orissa

Subject : ContractService

Acts : Contract Act, 1872 - Sections 27

Reported in : 1994(I)OLR554

will be apt and proper to extract some of the observations made in the afore-mentioned decision :'While the Contract Act, 1872, does not profess to be a complete Code dealing with the law relating to contracts, we emphasize that … D.P. Mohapatra, J.1. In this petition filed under Section 115 of the Code of Civil Procedure, the petitioner indo Flogates Limited, a company incorporated under the Companies … and the opposite party was relieved from his service with effect from 29th of June, 1993, In Aug. 93 the petitioner came to know that