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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 … this duty', says Dallas, C.J. Brethertonv. Wood, (1821) 3 Br. and B. 54 (62), 'is a breachof the law, and for this breach an action

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.

Vijaylaxmi Vs. Manjit Singh Bhalla

Court : Delhi

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 24

Reported in : 1989(16)DRJ367; 1989RLR248

would appear to be something like claim for necessaries supplied : (see Chapter V of the Indian Control Act, 1872 dealing with certain relations resembling those created by contract Sections 68,69). It could be argued that in the … (if any) benefit indirectly from the state payment. In principle the courts will not allow this. In Barnes v. Barnes 1972 (3) All. E.R. 872. Russell L.J. said that it would be 'quite wrong to say that

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 … Thana District. The tenders were to be submitted on or before August 5, 1920, 1 P. M. The plaintiff submitted a tender in the standard

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 expiry of the lease period. However, the subsequent paragraphs 2 to 5 have been relied upon by the counsel for both the parties for

K.Paramasivam Vs. G.Lakshminarayanan.

Court : Chennai

Subject : Limitation

Acts : Indian Limitation Act - Section 18, Article 54; Indian Contract Act, 1872 - Section 25; Transfer of Property Act - Section 4; Registration Act ; Code of Civil Procedure,(CPC) 1908 - Order 8 Rule 5; Specific Relief Act - Section 16(c), 20

The learned senior counsel for the plaintiff inviting the attention of this court to Section 25 of the Indian Contract Act, 1872 which is extracted here under for ready reference :25. Agreement without consideration, void, unless it is in writing … relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act   The Chapters and sections of this Act which relate to contracts shall be taken as part of the Indian Contract … suit was filed well within the period of limitation as per Article 54 of the Indian Limitation Act. (iii) The trial court did not decide

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 … 20.08.2003, bearing document No. 2854 of 2003 executed by respondents 4 and 5 as void, illegal, contrary to statutory provisions, administrative instructions and circulars. It

Gurdarshan Singh S/O. Dalip Singh and anr. Vs. Bishan Singh S/O. Uttam ...

Court : Punjab and Haryana

Subject : PropertyContract

Acts : Contract Act, 1872 - Sections 32, 56 and 65; Transfer of Property Act, 1882 - Sections 108 and 117; Displaced Persons (Debts Adjustment) Act, 1951 - Sections 2(6), 7 and 10

Reported in : AIR1963P& H49

as we are concerned we can look primarily to the law as embodied in Sections 32 and 56, Indian Contract Act, 1872. It was so observed by Fazal Ali, I. in Ganga Saran v. Firm Ram Charan, AIR 1952 SC … the lease in this case relates to agricultural land, and Section 117 specifically provides that the provisions of Chapter V do not apply to leases of land for agricultural purposes.11. My conclusion, therefore, is that the doctrine … on the lessor.5. The doctrine of frustration is set out in Sec-lion 56 of the Contract Act of which the relevant portion runs as follows:'56.

Jwaladutt R. Pillani Vs. Bansilal Motilal

Court : Mumbai

Subject : Contract

Reported in : (1929)31BOMLR687

exhaustive-Liability of retiring partner to old customers of the firm-Actual notice requisite-Effect of public notice of dissolution-English law.;The Indian Contract Act, 1872 is not a complete Code dealing with the law relating to contracts.;Irrawaddy Flotilla Co. v. Bugwandass (1891) L.R. … at least prior to the Indian Contract Act of 1872 : Shewram v. Bohomutoollah (1864) W.R. 94. The defence of the appellant is based on … to define and amend certain parts of that law. No doubt it treats of bailments in a separate chapter. But there is nothing to show that the Legislature intended to deal exhaustively with any particular chapter or

Sh. Manoj Tomar Vs. Neena Khatter and Another

Court : Delhi

Subject : Land Acquisition

or promise to do an act in which the public are interested. ? 33. Section 74 occurs in Chapter 6 of the Indian Contract Act, 1872 which reads "Of the consequences of breach of contract". It is … law, once no loss is caused to the aggrieved party as per Section 73 and 74 of the Indian Contract Act, 1872, no cause of action arises for claiming damages or forfeiture of advance money received under the agreement to … the plaintiff and only thereafter the agreement to sell was entered into. 5. The issue is that even if the plaintiff is guilty of breach