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Bank of India Vs. V. Swaroop Reddy
Andhra Pradesh
Nov-23-2000
Property
Transfer of Property Act, 1882 - Sections 116; Contract Act, 1872 - Sections 70
AIR2001AP260; 2001(2)ALT388
is not practicable) affixed to a conspicuous part of the property.' Section 70 of the Indian Contract Act, 1872 reads: '70. Obligation of person enjoying … above with reference to the statutory provisions incorporated in the Transfer of Property Act, 1882 as also Indian Contract Act, 1872. Section 106 of the Transfer of Property Act, 1882 reads: '106. Duration of certain leases in absence of … of the said loan to (be) bar by limitation with dishonest intention and thereby committed offences punishable under Sections 409, 109 and 114, I.P.C. In such a factual backdrop, the Supreme Court upheld the exercise done by
Tag this Judgment! AI Brief & AskFood Corporation of India and ors. Vs. Vikas Majdoor Kamdar Sahkari Ma ...
Supreme Court of India
Nov-12-2007
Contract
Contract Act, 1872 - Sections 70
2008(1)AWC495(SC); 2008BusLR16(SC); 2007(2)CTLJ249(SC); JT2007(12)SC517; (2008)2MLJ857(SC); 2007(13)SCALE126
of the contract. Finally, it is submitted that principles of quantum meruit under Section 70 of the Indian Contract Act, 1872 (in short the 'Contract Act') has no application in view of the specific contractual provisions. Alternatively, it was … at higher rate of Rs. 215/ per M.T.(v) The claim for enhanced rate for additional quantity discharged under Section 70 of the Contract Act on the principle of quantum meruit would not be applicable since there was
Tag this Judgment! AI Brief & AskKm. Indu Mehta Vs. State of U.P. and ors.
Allahabad
Mar-04-1987
Civil
Contract Act, 1872 - Sections 65 and 70; Code of Criminal Procedure (CrPC) , 1973 - Sections 24(2); Code of Criminal Procedure (CrPC) , 1974 - Sections 24 and 24(2)
AIR1987All309
view of the well settled equitable principle 'quantum merit' and the provisions of Section 65 of the Indian Contract Act, 1872 which embody the said equitable principle.19. Rationally, it cannot be held that in rendering her services to the … this petition which is quantified to be Rs. 500/ within the same period. Contract - quantum meruit - Sections 65 and 70 of Contract Act,1872 and Section 24(2) of Criminal Procedure Code,1974 - petition challenging Order of
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Sahakari Khand Udyog Mandal Ltd. Vs. Commissioner of Central Excise an ...
Supreme Court of India
Mar-09-2005
ExciseLimitation
Central Excise Rules, 1944 - Rule 8(1); Central Excise Act, 1944 - Sections 11B and 11B(2); Central Excise (Amendment) Act, 1978; Central Excise (Amendment) Act, 1991; Constitution of India - Articles 38, 39, 226 and 299; Contract Act, 1872 - Sections 70; Punjab Agricultural Produce Markets Act, 1961 - Sections 23A; Luxuries Act, 1995
AIR2005SC1897; 2005(99)ECC257; 2005(181)ELT328(SC); JT2005(3)SC296; (2005)4MLJ13(SC); (2005)3SCC738
contract was void. The plaintiff claimed refund of Rs. 10,000/-.39. Applying the provision of Section 70 of the Contract Act, 1872 and referring to Fibrosa and Nelson, this Court said :'...It is well established that a person who seeks … revealed that appellant recovered amount from consumers - held, appellant not entitled to claim relief of refund. - Sections 9: [S.B.Sinha & Dr.Mukundakam Sharma,JJ] Jurisdiction of Civil Court Held, Mentioning of wrong provisions or non-mentioning of any
Tag this Judgment! AI Brief & AskShri Mansinh Hansraj Khatau Vs. Union of India (Uoi),
Mumbai
Aug-16-2007
Direct Taxation
Income Tax Act; Income Tax Rules; Code of Civil Procedure (CPC) - Order 14, Rule 5(2); Constitution of India - Article 226; Foreign Exchange (Regulation) Act, 1973; Contract Act, 1970; Evidence Act, 1872 - Sections 70, 106 and 114; Customs Act, 1962; Central Excises and Salt Act, 1944; Gold (Control) Act, 1968
2008(229)ELT344(Bom); [2008]303ITR147(Bom)
doctrine of promissory estoppel is applicable against the Government. Such suit against the Government is maintainable, based on contract Act 1970 (Section 70) r/w Section 106 and 114(g) of the Evidence Act-1872 and further that adverse inference be … against the Government. Such suit against the Government is maintainable, based on contract Act 1970 (Section 70) r/w Section 106 and 114(g) of the Evidence Act-1872 and further that adverse inference be drawn against the department of
Tag this Judgment! AI Brief & AskA.P. Kochudevassy Vs. State of Kerala
Kerala
Nov-05-1981
Contract
Contract Act, 1872 - Sections 20, 22, 23, 70 and 72; Kerala Rationing Order, 1966
AIR1982Ker90
course of business, and he is therefore on the basis of the principle of Section 70 of the Contract Act, 1872. entitled to compensation for nonpayment of the correct rate of charges.5. From the facts it would appear that … against the judgment under appeal. The appeal is accordingly dismissed with costs. Contract - variation of terms - Sections 20, 22, 23, 70 and 72 of Contract Act, 1872 and Kerala Rationing Order, 1966 - where parties
Tag this Judgment! AI Brief & AskRadhabai Vs. Arunagiri,
Chennai
Jan-24-2008
CivilContract
Union Territories Act - Sections 55; Transfer of Property Act - Sections 3, 54 and 105; Evidence Act, 1872 - Sections 91, 92, 101 to 104, 111 and 114; Contract Act, 1872 - Sections 10, 11, 16, 17 to 19, 23 and 70; Specific Relief Act, 1963 - Sections 31; Limitation Act, 1963 - Sections 3 and 27; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951 - Sections 331; Uttar Pradesh Consolidation of Holdings Act, 1953 - Sections 49; Revenue Recovery Act; Registration Act, 1908 - Sections 30(2), 51, 55 and 61; Notaries Act, 1952; Code of Civil Procedure (CPC) , 1908 - Sections 100; Muhammadan Law
(2008)2MLJ880
Palanivelu Mudaliar v. Neelavathi Ammal and Anr.) wherein it is observed as follows:Contract Act (1872), Sections 16 and 70 - Ordinarily onus of proving undue influence is on party who sets up that plea - But where … on the decision : AIR2006SC3608 (Prem Singh and Ors. v. Birbal and Ors.) wherein it is held as follows:Contract Act, 1872 - Sections 17 to 19 - Fraudulent misrepresentation - Document/transaction when void and when voidable - Held, when fraudulent misrepresentation
Tag this Judgment! AI Brief & AskBlue Chrome Limited Vs. Union of India (Uoi) and anr.
Delhi
Jul-07-2003
Civil
Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981 - Sections 25; Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Rules, 1982 - Rules 6, 8, 8(1), 8(2) and 16; Limitation Act, 1963 - Schedule - Article 70; Indian Contract Act, 1872 - Sections 172; Limitation Act, 1908 - Schedule - Article 145; Constitution of India - Article 226
2004IAD(Delhi)563; 2003(70)DRJ710
Matched in: Citation 2004IAD(Delhi)563; 2003(70)DRJ710
Tag this Judgment! AI Brief & AskKishan Das Vs. Municipal Corporation of Delhi and anr.
Delhi
Apr-30-1992
Contract
Delhi Municipal Corporation Act, 1957 - Sections 203; Indian Contract Act, 1872 - Sections 70
47(1992)DLT461
made, the case has to be decided keeping in view the provisions of Section 70 of the Indian Contract Act, 1872 to compensate the supplier for the supply of coal to the Municipal Corporation of Delhi. There is no … legal contract with the Municipal Corporation of Delhi there has to be a formal contract, as required by Section 203 of the Delhi Municipal Corporation Act, 1957 read witht he rules and since in this case without
Tag this Judgment! AI Brief & AskUnion of India (Uoi) Vs. Col. L.S.N. Murthy and anr. Overruled
Andhra Pradesh
Apr-27-2006
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 19, 24, 28, 28(1), 31, 34 and 37; Contract Act, 1872 - Sections 70; Code of Civil Procedure (CPC) , 1908; Evidence Act, 1872
2006(4)ALD368; 2006(4)ALT256; 2006(3)ARBLR552(AP)
be void, the Arbitrator was competent to grant the appropriate relief in terms of Section 70 of the Contract Act, 1872 and therefore the Award dated 6-6-2001 did not suffer from any infirmity warranting interference on any of the … case on hand, there was no allegation that the Arbitrator failed to follow the mandatory procedure prescribed under Sections 24, 28 or 31 of the Act affecting the rights of the parties. The only contention raised was
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