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Corporation Bank Vs. Mohandas Baliga

Court : Karnataka

Subject : Contract

Acts : Evidence Act, 1872 - Sections 34; Bankers' Books Evidence Act, 1891 - Sections 4; Contract Act, 1872 - Sections 23, 133, 134, 135, 139 and 141

Reported in : ILR1993KAR201; 1993(1)KarLJ308

11 and 11.1 of the Judgment, therefore, it is necessary to reproduce the same:'9. Chapter VIII of the Indian Contract Act, 1872, (hereinafter referred to as the 'Act') deals with indemnity and guarantee. Section 124 defines the expression 'Contract of … for recovery of a sum of Rs. 1,42,639.05 along with future interest and costs from defendants 1 to 3. The trial Court has decreed the suit as against defendants 1 and 2 but it has dismissed it

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 … hereinafter, neither of these extreme covenants can be countenanced. Turning to paragraph 3, it is no doubt true as submitted by Dr. Singhvi for the

Atul Mehra and anr. Vs. Bank of Maharashtra

Court : Punjab and Haryana

Subject : Contract

Acts : Contract Act, 1872 - Sections 148; Banking Regulation Act, 1949 - Sections 6; Evidence Act, 1872 - Sections 114

Reported in : AIR2003P& H11; II(2003)BC570

locker hirer and the bank fall within the definition of bailment as given in Section 148 of the Indian Contract Act, 1872, merely on the locker being hired; or is it necessary also to prove by independent evidence entrustment, quantity, … compensate the appellants. Learned Counsel relied on the commentary contained in Paget's Law of Banking, Ninth Edition. 1982, Chapter II, Relation of Banker to Customer, VII-Safe Custody.17. In this commentary, it is stated that 'the banker's knowledge … are entitled to recover any amount. If so, to what amount? OPP 3. Whether the defendant-Bank has no contractual liability to make good loss incurred

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 … of the plaintiff. It pleaded having paid full money to defendant No.3. 3. In a nutshell, the pleading was that for advertising the products of

Dayal Singh Vs. Collector of Stamps

Court : Delhi

Subject : Property

Acts : Stamp Act, 1899 - Sections 2(1), 2(6), 24, 27, 33, 40 and 64; Transfer of Property Act, 1882 - Sections 54; Indian Contract Act, 1872 - Sections 2; Delhi Municipal Corporation Act, 1947 - Sections 147 and 148

Reported in : AIR1972Delhi131

already paid for the mortgage.' We may also consider the definition of 'consideration' in Section 2(d) of the Indian Contract Act, 1872 which is as follows:--'(d) When, at the desire of the promisor, the promise or any other person has … called a consideration for the promise.'For, according to Section 4 of the Transfer of Property Act, 1882, the chapters and sections of the said Act which relate to contracts shall be taken as part of the Indian … Indian Stamp Act, 1899 is further subject to the provisions of Section 33 and 40 of the Stamp Act which authorises the impounding of the

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 … from 1-9-1990 after the agreement between the parties was to terminate on 31-8-1990. I was not quite happy with such a concession being given as

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. … referred to as 'LAM' account), of Messrs Lasco Steels Limited.6. On December 31, 1966, the head office of the plaintiff-bank at Bombay had sent necessary

Jai Dayal Madan Gopal, in Re.

Court : Allahabad

Subject : Direct Taxation

Reported in : [1933]1ITR186(All)

to the Income-tax Act, the words 'firms,' 'partner' and 'partnership' have the same meaning respectively as in the Contract Act, 1872 : vide Section 2 sub-section (6)(a). A partnership as defined in Section 239, Contract Act, is the relation … of that definition of person. No doubt there are other section in Chapter II of the Contract Act dealing particularly with the death or disability … argument that a partnership which purports to exist between a firm and an individual is unlawful according in Indian law, pointed out the fallacy that'conceding that a firm is not a legal person, a person within the … individuals, whether incorporated or not : Section 2(3) of 1868 and s. 3(39) of 1897. In Kadar Bax v. Bukt Behari another learned Judge of

Axis Bank Vs. Sbs Organics Pvt. Ltd and Anr.

Court : Supreme Court of India

Subject : Land Acquisition

Senior Counsel further submits that the Bank has a lien on the amount under Section 171 of The Indian Contract Act, 1872. The decision of the High Court of Gujarat in Babu Ganesh Singh Deepnarayan v. Union of India and … to in sub-section (4) of section 13 taken by the secured creditor or his authorised officer under this Chapter, may make an application alongwith such fee, as may be prescribed to the Debts Recovery Tribunal having jurisdiction … includes any mortgage, charge, hypothecation, assignment other than those specified in section 31;” The mechanism for enforcement of security interest is contemplated under Section 13

Rajesh Gupta Vs. Central Bank of India

Court : Delhi

Subject : Land Acquisition

the respondent Bank against the appellant was on the principle of restitution enshrined in Section 72 of the Indian Contract Act, 1872 and the respondent Bank is entitled to refund of the amount mistakenly paid under the said Bank Draft … Draft, is not supported by the counsel for the respondent Bank before this Court.22. Section 72, contained in Chapter V of the Contract Act titled “Of Certain Relations Resembling Those Created By Contract” on which the counsel … for condonation of delay in filing the same. Vide detailed order dated 31stJuly, 2013, the delay was condoned and hearing of both the RFAs commenced.