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Sales Tax Officer, Banaras and ors. Vs. Kanhaiya Lal Mukundlal Saraf Overruled

Court : Supreme Court of India

Subject : Sales Tax

Acts : Contract Act, 1872 - Sections 11, 20, 21, 22, 32, 56, 72 and 72 - A

Reported in : AIR1959SC135; [1959]1SCR1350; [1958]9STC747(SC)

concerned, they must look primarily to the law as embodied in sections 32 and 56 of the Indian Contract Act, 1872. ' and proceeded to observe :'It would be incorrect to say that section 56 of the Contract Act … of a petition under Article 226 of the Constitution. The High Court came to the conclusion that Section 72 of the Indian Contract Act applied to the present case and the State Government must refund the moneys

The Talmakiwadi Co-operative Housing Society Ltd. Vs. the Divisional J ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Maharashtra Co-operative Societies Act, 1960 - Sections 2(16), 4, 9, 13, 14, 17, 22(1), 23(1), 36, 72 and 166(2); Maharashtra Co-operative Societies Rules, 1961 - Rules 10 and 13(1); Constitution of India - Article 19(1); Co-operative Society Act, 1925; Indian Contract Act, 1872; Societies Registration Act, 1860; Bombay Co-operative Societies Act, 1925; Transfer of Property Act, 1882 - Sections 10; Andhra Pradesh Co-operative Societies Act, 1964; Hindi Sahitya Sammelan Act, 1962

Reported in : 1999(1)ALLMR389; 1999(1)BomCR393

it has been provided that: (a) a person who is competent to enter into contract under the Indian Contract Act, 1872 would be eligible to become a member subject to his fulfilling certain requirements; (b) a minor or a … as are not inconsistent with the provisions of the Act. Under section 72 of the Act, the final authority of the society vests in the … 'Act' under sub-section (1) of section 23, it will take in its sweep the provisions mentioned above viz; sections 4, 9 and 22. A reference to 'bye-laws', in sub-section (1) of section 23 would obviously mean such

Ramji Das and ors. Vs. Bhagwan Das and ors.

Court : Allahabad

Subject : Land Acquisition

Reported in : AIR1918All176; 43Ind.Cas.180

other provisions of the Act, be that of a bailee under Sections 152 and 161 of the Indian Contract Act, 1872. Section 152 of the Indian Contract Act provides that the bailee, in the absence of any special contract, … Authorities can be called upon to make good the loss sustained by the plaintiff.4. Sub-section (1) of Section 72 of the Indian Railways Act, 1890--we quote only so much of the section as is applicable to this

Surendralal Chowdhury and Satish Chandra Chowdhury Vs. the Secretary o ...

Court : Kolkata

Subject : Land Acquisition

Reported in : 43Ind.Cas.263

other provisions of the Act, be that of a bailee under Sections 152 and 161 of the Indian Contract Act, 1872. Section 152 of the Indian Contract Act provides that the bailee, in the absence of any special contract, … Authorities can be called upon to make good the loss sustained by the plaintiff.3. Sub-section (1) of Section 72 of the Indian Railways Act, 1890--we quote only so much of the section as is applicable to this

Mahabir Kishore and ors. Vs. State of Madhya Pradesh

Court : Supreme Court of India

Subject : ContractLimitation

Acts : Contract Act, 1872 - Sections 72; Limitation Act, 1963 - Sections 17, 17(1) - Schedule - Articles 24 and 113; Code of Civil Procedure (CPC) - Sections 80

Reported in : [1990]69CompCas16(SC); JT1989(3)SC327; (1989)4SCC1a

entitled to the costs of this appeal. Limitation - commencement of period of limitation - Section 72 of Contract Act, 1872, Sections 17 and 17 (1) and Articles 24 and 113 of Schedule to Limitation Act, 1963 and Section 80

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

Alco Chem Ltd. Vs. Hyderabad Chemical and Pharmaceutical Works Ltd.

Court : Andhra Pradesh

Subject : Commercial

Acts : Sale of Goods Act, 1930 - Sections 64A; Indian Tariff Act, 1934 - Sections 10; Indian Contract Act, 1872 - Sections 72; Code of Civil Procedure (CPC), 1908 - Sections 34

Reported in : III(2003)BC508

has not passed on the burden to the consumer stands unrebutted. As per Section 72 of the Indian Contract Act, 1872, the amount of export duty collected separately by the defendant from the plaintiff was under a mistake of … Government of Uttar Pradesh. The rate of interest claimed is exorbitant, and based on no evidence and that Section 64-A of the Sale of Goods Act, 1930 (for short, 'the Act') has no application to the facts

State Bank of India Vs. the United Commercial Bank Ltd. and ors.

Court : Delhi

Subject : BankingCommercial

Acts : Indian Contract Act, 1872 - Sections 72; Negotiable Instrument Act, 1981 - Sections 85A and 131

Reported in : AIR2003Delhi284

was entitled to recover the amount from the first defendant under the provisions of Section 72 of Indian Contract Act., 1872 or in the alternative from defendant No. 2 if the defendant No. 1 had paid the amount to … and, thereforee, the plaintiff was entitled to recover the amount from the first defendant under the provisions of Section 72 of Indian Contract Act., 1872 or in the alternative from defendant No. 2 if the defendant No.

V. Kanakaiya Chetty and Co. Vs. the Union of India (Uoi), Represented ...

Court : Chennai

Subject : Civil

Acts : Railways Act, 1890 - Sections 72; Indian Contract Act, 1872 - Sections 151, 152 and 161

Reported in : AIR1961Mad398; (1961)1MLJ348

responsibility of the administration is that of a bailee under Sections 151, 152 and 161 of the Indian Contract Act, 1872. Further, Sub-clause 3 of Section 72 specifies that this responsibility is not affected by anything relating to the

M/S. G.V. Films Limited, 4, Seshadri Road, Alwarpet, Chennai-600 018 V ...

Court : Chennai

Subject : Commercial

Acts : Recovery of Debts due to Banks & Financial Institutions Act, 1993 -- Sections 2, 4(1), 31(1) & (2); Indian Contract Act, 1872 -- Sections 72; Trust Act, 1882 -- Sections 90, 94 and 95; Companies Act, 1956 -- Sections 4-A; Unit Trust of India Act, 1963 -- Sections 3

Reported in : [2000]100CompCas257(Mad); 1998(2)CTC518

the amount is bound to repay the same with interest, In view of section 72 of the Indian Contract Act, 1872 and whether a constructive trust can arise over a wide variety of situations. A similar question of mistaken … in case not expressly provided for-In any case not coming within the scope of any of the preceding sections, where there is no trust, but the person having possession of property has not the whole beneficial interest