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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 … at the rate of 17.5% per annum to be compounded on quarterly basis under the over-draft Account No. 4/81. The second defendant was the surety; (ii) The second type of loan was a demand loan of Rs.

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 … a tender in the standard form for several coupes, including coupe No. 4 in Block No. XIX before 1 P. M. on August 5. He

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 … the rental of the premises. Turning to the cause of action paragraph 4 it is seen that it is also in general terms and refers

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 … Division), Amritsar, whereby the suit for recovery for a sum of Rs. 4,26,160/- instituted by the appellants against the defendants-bank, has been dismissed with costs

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 … bearing house No. 18/183-A, Kurswan, Kanpur, with the CIT, Kanpur, respondent No. 4, by way of equitable mortgage. The petitioner further undertook that if the

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 … the Society one K. Beeraiah is examined as DW-1. They have produced 4 documents which are marked as Ex.D-1 to D-4.8. The Trial Court on

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 … the plaintiff to realize the money, if any unpaid, from defendant No.3. 4. Defendant No.3 remained ex-parte. 5. On the pleadings of the parties, 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 … this order an application (I.A. 5010/90) of the petitioner filed under section 41 and Ii Schedule of' the Act read with Arbitration (Protocol and Convention)

T. Raju Setty Vs. Bank of Baroda

Court : Karnataka

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 23, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 152 and 153; Code of Civil Procedure (CPC), 1908 - Order 22, Rules 4, 9 and 11 - Order 41, Rule 33 - Order 43, Rule 1; Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947; Punjab Land Acquisition (Defence of India) Rules, 1943; Madras Debt Conciliation Act - Sections 10(2); Debt Conciliation Act; Limitation Act, 1963 - Article 115

Reported in : AIR1992Kant108

other defendants-2 and 3?(3) Whether a decree could be passed against sureties?POINT No. 19. 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 … was one of the sureties.3. The suit was filed on 25-1-1973 for recovery of a sum of Rs. 4,545-81 (Principalsum being Rs. 3200/-) advanced as a loan to the 1st defendant -- H. Malegowda on 7-4-1969 under

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. … The plaintiff filed the suit for recovery of a sum of Rs. 4,38,327.90 from defendants Nos. 1 to 5 with further interest thereon at 19.50