Advanced Search Results

Phonographic Performance Ltd. Vs. Hotel Gold Regency and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 30, 33, 33(1), 33(3), 34, 34(1), 34(3), 35, 35(2), 51, 53A, 54, 55, 61, 61(1) and 62; Indian Contract Act, 1872 - Sections 188; Companies Act, 1956; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11

Reported in : AIR2009Delhi11; 151(2008)DLT210; LC2008(2)451; 2008(37)PTC587(Del)

was placed by the learned Counsel for the plaintiff on the provisions of Section 188 of the Indian Contract Act, 1872 which defines the extent of an agent's authority. An agent having authority to carry on a business, has … owner of the copyright?2. Whether, in view of the provisions of section 61 of the Copyright Act, 1957, inasmuch as the owner of the copyright … two fundamental questions with regard to the maintainability of the suit:1. Whether, in view of the provisions of sections 33 and 34 of the Copyright Act, 1957, a suit for infringement of copyright would be maintainable at

Board of Trustees of the Post of Bombay and ors. Vs. Sriyansh Knitters

Court : Mumbai

Subject : Contract

Acts : Major Port Trusts Act, 1963 - Sections 42, 42(2), 43(1), 49, 59(1), 61 and 63 (1); Indian Contract Act, 1872 - Sections 171

Reported in : AIR1983Bom88; 1983(2)BomCR185; (1982)84BOMLR509

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 come into their Custody of … were to be treated as if they were so, and were made the subject-matter of liability under three sections (Sections 151, 152, and 162) of the Contract Act. Such a relationship may well be called as one … seize and detain the same until the rates are fully paid. S. 61 if the Act deals with application of sale proceeds and lays down

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 … application of payment where debt to be discharged is not indicated. Section 61, however, provides that in absence of any party making appropriation, the payment … indicate that there is no discharge of the liability of principal debtor, leave alone that of the surety. Sections 3, 4, 5 and 20 of the Act of 1974, if read together, would depict 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. … the Lahore High Court in Jia Ram v. Sulakhan Mal. dealt with the scope of Section 59 to Sections 61 of the Contract Act and held:'Sections 59 to 61, Contract Act, embody the general rules as to appropriation

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 … imported in respect of the earlier dues. For this submission reliance was sought to be placed primarily on Sections 59 and 61 of the MPT Act. Section 59 and Sub-section (1) of Section 61, which are relevant,

Majety Balakrishna Rao Vs. Mooke Devassy Ouseph and Sons

Court : Andhra Pradesh

Subject : ContractCivil

Acts : Sale of Goods Act, 1930 - Sections 2, 2(14), 25, 25(1), 54, 54(2), 56, 60, 61 and 61(1); Contract Act, 1872 - Sections 73

Reported in : AIR1959AP30

25 (1), 54 (2), 56, 60 and 61 of Sale of Goods Act, 1930 and Section 73 of Contract Act, 1872 - defendant placed order for wagon load of black gingelly by telegram - plaintiff accepted order - sent … 23 is attracted. The question for consideration is whether there was an unconditional appropriation within the meaning of Sections 23(2) and 25(1) of the Act. Section 23(2) runs as follows :'Where, in pursuance of the contract, the

Punjab National Bank Vs. Surinder Singh Mandyal and ors.

Court : Himachal Pradesh

Subject : BankingContract

Acts : Contract Act, 1872 - Sections 59, 61 and 126; ;Code of Civil Procedure (CPC) , 1908 - Section 34

Reported in : AIR1996HP1

to the plaintiff about the manner of appropriation of the amounts.20. Sections 59, 60 and 61 of the Contract Act, 1872 embody the general rules as regards the appropriation of payments in cases where a debtor owes several distinct

Bharat Sarvodaya Mills Co. Ltd. Vs. Mohatta Brothers Overruled

Court : Gujarat

Subject : Civil

Acts : Partnership Act, 1932 - Sections 4, 30, 31(1), 31(2), 32, 32(3), 34, 39, 40, 41, 42, 43, 44, 58, 59, 60, 61, 62, 63, 63(1), 69(2) and 69(3); Code of Civil Procedure (CPC), 1908 - Sections 86 and 87B - Order 30, Rules 1, 1(1), 1(2), 2, 2(1), 2(2), 2(3) and 4; Indian Contract Act, 1872 - Sections 45 and 70; Constitution of India - Article 133(1)

Reported in : AIR1969Guj178; (1969)GLR457

by all the partners who are compromises and all of whom are under Section 45 of the Indian Contract Act, 1872, joined together in enforcing the promise against a third party promisor. The suit by a firm as we … the Registrar registers the firm in the Register of Firms. Sections 60, 61 and 62 deal with, recording of alteration in firm name and principal … requirement of Section 69(2) cannot be fulfilled. Mr. Nanavati on the other hand pointed out a number of sections in the Act to show that the expression 'firm' has been loosely used. Section 31(1) provides that subject

Leela Hotels Ltd. Vs. Housing and Urban Dev.Corp.Ltd.

Court : Supreme Court of India

Subject : Arbitration and Conciliation

Acts : Arbitration And Conciliation Act, 1996 - Section 34; Contract Act. - Sections59, 60; Indian Contract Act, 1872.

Reported in : AIR2012SC903; 2012(1)AWC(Supp)39SC; (2012)1MLJ641(SC); 2011(12)SCALE573; (2012)1SCC302

& Ors. [(1999) 3 SCC 80], wherein, this Court had held that Sections 59 and 60 of the Contract Act, 1872, would only be applicable at the pre-decretal stage and not thereafter and that post-decretal payments would have to

Housing and Urban Development Corporation Limited Vs. Leela Hotels Ltd ... Overruled

Court : Delhi

Subject : Civil

Acts : Arbitration and Conciliation Act, 1996 - Section 34; Contract Act - Section 59, Contract Act - Section 60, Contract Act - Section 61; Code of Civil Procedure (CPC) - Order 21 Rule 1

& Ors. [(1999) 3 SCC 80], wherein, this Court had held that Sections 59 and 60 of the Contract Act, 1872, would only be applicable at the pre-decretal stage and not thereafter and that post-decretal payments would have to