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Indian Oil Corporation Ltd. Vs. Raaj Unocal Lubricants Ltd.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 20; Contract Act, 1872 - Sections 10, 19, 19A and 23

Reported in : 1997(1)BomCR292

read with Annexure VI thereto being wholly opposed to the letter and spirit of section 23 of the Indian Contract Act, 1872 is void and unenforceable. On merits of the claims of the plaintiff against the defendant, Mr. Bhatt has … and the defendant under or in respect of or relating to the said agreement, instead of proceeding under Chapter (II) of the Act, the plaintiff has filed the present application for filing the arbitration agreement in this … this application numbered and registered as suit under the provisions of section 20 of The Arbitration Act, 1940 (for short, 'the Act') the plaintiff seeks

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

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 … petition the 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

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 Acts

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 … reference may be made to the pleadings, in these petitions. W.P. No. 23005 of 2004 is filed by the petitioner seeking a writ of Mandamus

M/s. Visakha Petroleum Products Pvt. Ltd. Vs. B.L. Bansal, Sole Arbitr ...

Court : Mumbai

Subject : Arbitration

permitted to urge that clause 10.2 of the agreement was void as opposed to Section 28 of the Indian Contract Act, 1872. 12. The learned arbitrator rejected the allegations of official bias made against him by the petitioner. It is … the crisis could not be met unless subsisting contracts were closed out and, so to speak a new chapter begun. That is the ratio underlying the combined effect of bye-laws 52-AA and 52-A and in view of

Hasanali Mahomedali Vs. Esmailji Sulemanji

Court : Mumbai

Subject : Trusts and Societies

Reported in : (1907)9BOMLR606

voidable at the instance of persons interested in the property sold. This corresponds with Section 370 of the Indian Succession Act 1865.19. Henderson, in his Commentary on that Section, states that an executor or administrator shall not … executor cannot carry on the trade of his testator except for the purposes of winding it up. A contract requires two parties to it and the man in one character can with difficulty contract with himself in … of co-executor in the transaction-Onus of proving good fath-Evidence Act (1 of 1872), Section 11-Good will-Survival of good will.;Under Sectoin 88 of the Trusts Act … them from trustees properly so called, by declaring that nothing in the chapter relating to them shall impair the rights of transferees in good faith … an account against both defendant 1 and defendant 2, executors of Mahomedali, on the footing of wilful

The Osmanabad Janata Sahakari Bank Ltd. Vs. Pandharinath Gyanba Gunale ...

Court : Mumbai Aurangabad

Subject : Land Acquisition

Rules, 1961, Rule 89, 107, 156; Transfer of Property Act, 1882, (“T.P.Act”)Section 4, 53A, 105, 106, 107, 111; Indian Contract Act, 1872; Indian Registration Act 1908, Sections17, 49; Specific Relief Act, Chapter II; Civil Procedure Code, 1908, Order 2 Rule

United India Insurance Co. Ltd. Vs. A. Narayana Reddy and ors.

Court : Andhra Pradesh

Subject : Motor Vehicles

Acts : Insurance Act, 1938 - Sections 2(9), 64VB, 64VB(1) and 64VB(2); Motor Vehicles Act, 1988 - Sections 146, 146(1), 147, 147(4), 147(5), 149 and 149(1); Contract Act, 1872 - Sections 2, 25, 51, 52, 54 and 65

Reported in : 2008ACJ725; 2007(2)ALD347; 2007(3)ALT568

the provisions of Section 64-VB of the Insurance Act, 1938 and Sections 51, 52 and 54 of the Indian Contract Act, 1872, their Lordships held:11. Thus the question has now to be considered as the same is the crux of … prohibition on the use of the motor vehicles without an insurance policy having been taken in accordance with Chapter 11 of the Motor Vehicles Act. The manifest object of this provision is to ensure that third party, … M. Venkateswara Reddy, J.1. C.M.A. Nos.340, 1761, 2087 and 2097 of 2000 arise out of a common order, dated 17-9-1999,

Dabur India Ltd. and Another Vs. Hansa Vision Ltd. and Another

Court : Delhi

Subject : Service Tax

be advertised has been accepted by defendant No.1, it must pay on account of Section 70 of the Indian Contract Act 1872. 13. The learned Single Judge has extensively relied upon the law laid down in the decisions reported as:- … then different considerations come into play and Section 70 could be invoked. 48. Section 70 which occurs in Chapter V of the Contract Act deals with certain relations resembling those created by contract. In such cases which … which defendant No.3 issued release orders on April 06, 1995 and April 26, 1995 as also a release order dated nil, pursuant whereto, Hansa Vision