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Union of India (Uoi) Vs. Sansar Chand and ors.
Himachal Pradesh
Jul-16-1959
LimitationCivil
Code of Civil Procedure (CPC) , 1908 - Section 149; ;Arbitration Act, 1940 - Section 8 and 8(1); ;Contract Act, 1872 - Sections 56, 73, 126 and 127
AIR1960HP1
defendants on various grounds. Inter alia it was contended that the plaintiff had committed several breaches of the contract and accordingly was estopped from filing the suit. As a result of those breaches, the lessees allegedly were … Reorganisation Act, the present appeal could have been filed only by the President of India or by his lawfully constituted attorney, and not by the Lieutenant-Governor.5. Mr. L.N. Sethi for the appellant, on the other hand, pointed
Tag this Judgment! AI Brief & AskNandi Infrastructure Corridor Enterprise Ltd. Represented by Its Duly ...
Karnataka
Jan-27-2008
Civil
Bangalore Water Supply and Sewerage Act, 1964 - Sections 29; Contract Law
ILR2008KAR1933; 2008(5)KarLJ583; 2008(2)KCCRSN90
this petition were to be rejected on the ground that it would fall in the realm of private Contract Law or that there is an alternate remedy of the petitioners insofar as any breach of obligation on the … this petition were to be rejected on the ground that it would fall in the realm of private Contract Law or that there is an alternate remedy of the petitioners insofar as any breach of obligation on the
Tag this Judgment! AI Brief & AskCultor Food Science Inc. Vs. Nicholas Piramal India Ltd. and ors.
Andhra Pradesh
Dec-12-2001
ArbitrationContract
Arbitration and Conciliation Act, 1996 - Sections 2(4), 2(5), 11, 11(9), 16, 45 and 85; Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 39, Rules 1 and 2; Indian Contract Act - Sections 19, 28, 29 and 64; Specific Relief Act, 1963 - Sections 27, 37, 38 and 41; Arbitration Act, 1940 - Sections 32 and 33 ; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3 and 45; Uncitral Model Law; Specific Relief Act, 1877 - Sections 56; Indian Companies Act; Constitution of India - Articles 133, 134A and 227
2002(2)ALD149; 2001(6)ALT706
the appellant filed its written statement in the suit, and till then the question as to whether the contract between the parties is uncertain, or is null and void cannot be decided, the trial Court confirmed the … the suit agreement is vitiated by fraud and is opposed to public policy and so is bad in law, and filed I.A.No. 1352 of 2000 in the suit, seeking an injunction restraining appellant and 3rd respondent from
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Yanala Malleshwari and ors. Vs. Ananthula Sayamma and ors.
Andhra Pradesh
Oct-24-2006
Property
Indian Registration Act, 1908 - Sections 17 to 22, 17(1), 17(2), 23A, 32, 32A, 34, 35, 49, 58, 59, 60, 60(2), 61, 61(2), 69, 71, 72 and 77; Transfer of Property Act, 1882 - Sections 4, 5 to 34, 38 to 53A, 54 to 57, 59, 107, 123 and 126; Specific Relief Act, 1963 - Sections 13, 15, 17, 21, 31, 31(2), 33, 34 and 49; Indian Contract Act, 1872 - Sections 13, 14, 15, 16, 17, 18, 19, 20, 23, 25, 29 and 65; Evidence Act - Sections 73; Indian Stamp Act, 1899 - Sections 35; Specific Relief Act, 1877 - Sections 18, 34, 39 and 41; Indian Registration Act, 1866; Indian Registration Act, 1871; Indian Registration Act, 1877; Registration and Other Related Laws (Amendment) Act, 2001; West Bengal Land Reforms Act, 1955 - Sections 4B; Andhra Pradesh Stamp (Amendment) Act, 1922; General Clau
2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)
common counter affidavit. It is to the following effect. The dispute raised in the writ petition pertains to contractual obligation between the petitioner and respondents 4 and 5. The same is a matter to be decided by … up sea-saw situation played by human ingenuity. These cases have thrown up a couple of interesting questions of law having far reaching consequences. Whether a person can nullify the sale by executing and registering a cancellation deed?
Tag this Judgment! AI Brief & AskJaswant Rai Vs. Abnash Kaur
Delhi
Oct-03-1973
Commercial
Transfer of Property Act, 1882 - Sections 55(1) and 55(2); Evidence Act, 1872 - Sections 92; Indian Contract Act, 1872 - Sections 23 and 73; Taxation Laws (Amendment) Act, 1972 - Sections 269
ILR1974Delhi689
Rs. 50,000.00 has been forfeited. A claim of damages for Rs. l,00,000.00 was also made for breach of contract. (13) On May 12, 1964, the purchaser instituted the present action for recovery of Rs. 1,40,000.00 against the … vendor alleged that the whole transaction was illegal and that 'the consideration for the agreement was forbidden by law and was of such a nature that if permitted, it would defeat the provisions of law. The consideration
Tag this Judgment! AI Brief & AskMst. Jagaribai Vs. Ramkhilawan and ors.
Madhya Pradesh
Dec-19-1974
FamilyProperty
Hindu Law; Hindu Women's Rights to Property Act, 1937 - Sections 3; Hindu Succession Act, 1956 - Sections 14; Evidence Act, 1872 - Sections 115; Madhya Pradesh Land Revenue Code, 1959 - Sections 165(4), 165(5) and 165(6); Contract Act, 1872 - Sections 23
AIR1976MP106
the plaintiff and that the defendant-transferees were put in possession of the property in part performance of the contract. Estoppel does not depend on the motive or on the knowledge of the matter, on the part of … uninhibited in point of disposition..... A male member of aHindu family governed by the Benares School of Hindu Law is undoubtedly subject to restrictions qua alienation of his interest in the joint family property but a widow
Tag this Judgment! AI Brief & AskPopat Namdeo Sodanvor Vs. Jagu Pandu Govekar
Mumbai
Feb-14-1968
PropertyContract
Hindu Law; Indian Contract Act; Specific Relief Acts
AIR1969Bom140; (1968)70BOMLR456; ILR1968Bom1245; 1968MhLJ665
1. This is an appeal on behalf of a minor whose suit for specific performance of a contract to purchase irremovable property has been dismissed by both the courts. Survey No. 40/A in village Koregaon belonged … clearly an agreement to sell, and there is no dispute about it before me. 5. Under the Hindu Law, which applied to the present case, the father is the natural guardian of the person and of the
Tag this Judgment! AI Brief & AskSheo Kumar and ors. Vs. Gyan Nath Raina and ors.
Allahabad
Nov-16-1954
PropertyContract
Contract Act, 1872 - Sections 65 and 73; Hindu Law
AIR1955All408
Raghubar Dayal J. 1. This appeal arises out of a suit for the specific -performance of a contract. The plaintiffs' suit for the specific performance of the contract was dismissed and their claim for damages for … tothis letter on 19-3-1943, saying that he had explained the matter to Debi Charan who had consulted his lawyers and had been advised that the purchaser would not be safeguarded unless it was mentioned in the draft
Tag this Judgment! AI Brief & AskRam Lal JaIn Vs. Central Bank of India Ltd., Bombay
Punjab and Haryana
Dec-22-1960
Civil
Debt Law; Displaced Persons (Debts Adjustment) Act, 1951 - Sections 2(6), 13 and 17; Contract Act - Sections 73 and 151
AIR1961P& H340; [1961]31CompCas338(P& H)
the petitioner, the claim was in reality to be compensated by way of damages for breach of the contract of bailment. The vagueness, which was perhaps intentional, of the claim made in the application, cannot disguise its … Court is justified in assuming that the legislature did not intend to go against the ordinary rules of law, unless the language used in the Act obliges the Court to come to the conclusion that they did
Tag this Judgment! AI Brief & AskThe Union of India Vs. Kishorilal Gupta and Bros.
Supreme Court of India
May-21-1959
ContractArbitration
Contract Act - Sections 62 and 63; Law of Contract
AIR1959SC1362; [1960]1SCR493; MANU/SC/0180/1959
SUBBA RAO J.-This appeal by special leave raises the question of survival of an arbitration clause in a contract after the said contract is superseded by a fresh one. The respondent'-firm, styled as " Kishorilal Gupta & … legally supported either under s. 62 or s. 63 of the Indian Contract Act or under the general law of contracts; (3) the non-performance of the terms of the new contract did not have the effect of
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