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Binny Mill Labour Welfare House Building Co-operative Society Limited ...

Court : Karnataka

Subject : Contract

Acts : Karnataka Co-operative Societies Act, 1959 - Sections 125; Specific Relief Act, 1963 - Sections 31; Mysore Co-operative Societies Act, 1959 - Sections 18; Indian Contract Act, 1872 - Sections 2, 19, 23 and 24 to 30; Indian Registration Act, 1908 - Sections 47, 48 and 49; Transfer of Property Act, 1882 - Sections 54; Companies Act

Reported in : ILR2008KAR2245; 2009(2)KarLJ291; 200(3)KCCR1692; 2008(5)AIRKarR120; AIR2008NOC2774

have clear distinction between the legal terms such as valid, invalid, void and voidable.20. Section 2 of the Indian Contract Act, 1872, states that in what sense the aforesaid expressions are used in the Act. Section 2(h) states that an … states that contract which ceases to be enforceable by law becomes void when it ceases to be enforceable. Chapter II of the Act deals with contracts, voidable contracts and void agreements. Section 19 of the Act provides … appeals were heard by this Court and by a common order dated 15.4.1999 they were allowed and the suit of the plaintiff was dismissed. Aggrieved

Indian Airlines Corporation Vs. Keshavlal F. Gandhi and anr.

Court : Kolkata

Subject : Contract

Acts : Contract Act, 1872 - Sections 151 and 152

Reported in : AIR1962Cal290,65CWN949

on those terms, provided that there were no statutory conditions limiting his right' 15. The inapplicability of the Indian Contract Act 1872 in determining liability of a common Carrier was decided by the Privy Council, as far back as 1891, … contended, on the other hand, that the rights and liabilities of the contracting parties must be governed by Chapter IX of the Indian Contract Act, dealing with bailment, and particularly by Sections 151 and 152 or the … Banerjee, J. 1. On October 19, 1953, the defendant Opposite Party no. 2 delivered to

N. Soundarajan and ors. Vs. Union Bank of India and anr.

Court : Chennai

Subject : Banking

Acts : Contract Act - Sections 135

Reported in : [2004]121CompCas199(Mad)

liability of the guarantors is co-extensive with that of the principal and referred to Section 187 of the Indian Contract Act, 1872, and submitted that defendants Nos. 2 to 5 acted on behalf of the first defendant. His case is … India, , have taken the view that it is not the correct view that the rights conferred under Chapter VIII of the Contract Act are inalienable and cannot be waived. This court in S. Perumal Reddiar v. … This appeal is preferred against the judgment and decree dated February 6, 1986, in O. S. No, 586 of 1982 on the file of the

Yanala Malleshwari and ors. Vs. Ananthula Sayamma and ors.

Court : Andhra Pradesh

Subject : Property

Acts : 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

Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)

individual civil right to the buyer, if such sale is in accordance with entrenched common law principles. The Indian Contract Act, 1872, Specific Relief Act and Transfer of Property Act, essentially deal with, among others - the contract of sale. … first step while considering the first point which arises in these cases.TRANSFER OF PROPERTY ACT : INVALID TRANSFERS:17. Chapter II of TP Act contains two parts. Part-A deals with 'Transfer of property whether movable or immovable' (Sections … V.V.S. Rao, J.PART - IINTRODUCTION:1. Almost a century old Registration Act, 1908, which came into force on 01.01.1909, after about fifteen amendments, has now

H.B. Basavaraj (Dead) by Lrs. and anr. Vs. Canara Bank and ors.

Court : Supreme Court of India

Subject : Contract

Acts : Bombay Public Trust Act, 1950; Lokashikshana Trust (Taking Over of Management) Act - Sections 2; Indian Contract Act, 1872 - Sections 56, 62, 70, 129 and 130; Evidence Act - Sections 115; Lokashikshana Trust (Taking over of management) Ordinance

Reported in : 2010(1)KarLJ588; 2009(13)SCALE474; 2009AIRSCW7567

and the Bank would clearly show it to be one of a continuing guarantee. Section 129 of The Indian Contract Act, 1872 (hereinafter referred to as 'the Act') defines a continuing guarantee as 'A guarantee which extends to a series … liability would be co-extensive to that of the borrower. Accordingly, the guarantor himself waived off his rights under Chapter VIII of the Act which is conferred on a surety. This Court is in respectful agreement with the … (LST) was a public Trust registered under the Bombay Public Trust Act, 1950 which was engaged in the publication of a Kannada daily 'Samyukta Karnataka'

M/s. Kumaraswamy Mineral Exports and Another Vs. The Commercial Manage ...

Court : Karnataka Dharwad

Subject : Land Acquisition

be voidable and not binding on the respondents. 6. On a plain reading of Section 22 of the Indian Contract Act, 1872, it is evident that a contract is not voidable merely because it was caused by one of the … rate which is unreasonable, it would be for the complainant to approach the Railway Rates Tribunal constituted under Chapter VII of the Railways Act, 1989. Therefore, since the petitioners were armed with an alternative remedy of redressal, … 30.1.2008, 7.2.2008 and 8.2.2008 respectively to the consignee petitioner No.1., and etc.) 1. Heard the learned counsel for the petitioners and the learned counsel for

The Secretary of State for India Vs. Bhaskar Krishnaji Samant

Court : Mumbai

Subject : Civil

Reported in : AIR1925Bom485; (1925)27BOMLR973

paid 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 … local Government can frame rules for various purposes connected with the Indian Forest Act. We then come to Chapter XIII relating to subsidiary rules which contain Sections 75 to 77. Section 75 provides as follows:-The Local Government … Divisional Forest Officer, Western Division, Thana, by a proclamation dated June 25. 1920, invited tenders with reference to certain forest coupes in the Thana District.

M/S. Raptakos Brett and Co. Ltd. Vs. Ganesh Property

Court : Supreme Court of India

Subject : Tenancy

Acts : Partnership Act, 1932 - Sections 56, 57, 58, 59 and 69(2); Transfer of Property Act - Sections 4, 5(1), 108, 111 and 116; Code of Civil Procedure (CPC) - Sections 80 - Order 7 Rules 11 and 13 - Order 23 Rule 1 - Order 40 Rule 1; Indian Arbitration Act, 1940 - Sections 8(2); Karnataka Cinemas (Regulation) Act - Rule 6; Indian Railways Act - Sections 77; Indian Contract Act, 1972; Indian Contract Act, 1872 - Sections 1; Companies Act, 1913 - Sections 171; Limitation Act, 1963

Reported in : 1998VIIAD(SC)37; AIR1998SC3085; (1999)1CALLT22(SC); 1999(1)CTC175; JT1998(6)SC289; 1998(5)SCALE195; (1998)7SCC184; [1998]Supp1SCR485

the Indian Contract Act, 1972. Our attention, in this connection, also was invited to Section 1 of the Indian Contract Act, 1872 which provides that :'nothing herein contained shall affect the provisions of any Statute, Act or Regulation not hereby … Tenant, 8th Edn., at page 711. It has been observed by the learned author in paragraph 1083 of Chapter 2 dealing with Rights and Remedies of the Landlord that :'Subject to the provisions of the Rent Restriction

Mundipharma Ag Vs. Wockhardt Ltd.

Court : Delhi

Subject : Intellectual Property RightsArbitration

Acts : Arbitration Act, 1940 - Sections 20; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961; Copyright Act, 1957; Indian Contract Act, 1872 - Sections 27

Reported in : ILR1991Delhi606

manufacture of its various preparations as envisaged under the agreement would be hit by section 27 of the Indian Contract Act, 1872, which says every agreement by which any one is restrained from exercising a lawful profession, trade or business … it was the petitioner who was the owner of the copyrights in question. If reference is made to Chapter Xii of the Copyright Act, 1957 relating to civil remedies in case of infringement of copyright; every suit … J.(1) In this petition filed under section 20 of the Arbitration Act, 1940 (for short 'the Act') I am to decide by this order an

Jogender Singh Vs. Income Tax Officer

Court : Allahabad

Subject : Direct Taxation

Reported in : (1999)155CTR(All)218

the title deeds. In support of his above submission he relied upon ss. 134 and 139 of the Indian Contract Act, 1872, and submitted that the petitioner stood discharged as the respondents had acted inconsistently with the rights of the … any other sum payable in consequence of any order passed under the Act. Likewise, various sections contained in Chapter XXI of the Act, which deals with penalties, provides for imposition of penalty in addition to any tax … petitioner seeks a writ of certiorari quashing the order dt. 29th April, 1987, passed by the ITO, Circle-I(6), Kanpur, respondent No. 1 (filed as Annexure-H