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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 … by the Conservator of Forests, and such acceptance was notified. On August 6, the Divisional Forest Officer made a report to the Conservator of Forests

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 … case of Mohinder Singh Nanda v. Bank of Maharashtra, 1998 ISJ (Banking) 673, which according to the learned Counsel, is per incuriam.14. Firstly, Mr. Chhibbar

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 … court wrongly interpreting the endorsements dismissed the suit. (ii) The endorsement on 6.4.2006 could rightly be taken as a fresh agreement emerged between the plaintiff

St. Joseph Textiles Vs. Union of India and Another

Court : Supreme Court of India

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 151, 152 and 161

Reported in : 1993ACJ990; AIR1993SC1692; 1993(41)BLJR624; 1992(3)SCALE491; 1993Supp(3)SCC469; [1992]Supp3SCR681

(1) A railway administration shall be responsible as a bailee under Sections 151, 152 and 161 of the Indian Contract Act, 1872, for the loss, destruction, damage deterioration or non-delivery of goods carried by railway within a period of seven … are not unloaded from the railway wagons or removed from the railway premises.(5) For the purposes of this Chapter-(a) Unless otherwise previously determined, transit terminates on the expiry of the free time allowed (after the arrival of … to the Chief Commercial Superintendent and the General Manager, Eastern Railways on 6.10.1973. On 8.10.1973, the appellant addressed further letter to Station Master, Azim Ganj,

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 … admeasuring 100 square yards. The same was executed by respondents 5 and 6. The petitioner took possession of the flat and allegedly invested considerable amounts

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 … as contained in Clause 34 of the said agreement read with Annexure VI thereto being wholly opposed to the letter and spirit of section 23

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 … no cause of action against the defendant Nos. 1 and 2? OPD 6. Whether the plaintiff is entitled to recover the suit amount from defendants

M/S Versatile Commotrade Private Limited vs.smt Kesar Devi and Ors

Court : Delhi

Subject : Land Acquisition

act in CS(OS) 143/2018 Page 8 of 18 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 in … Agreement to Sell would have to be analyzed and determined as per Section 73 and 74 of the Indian Contract Act, 1872. The law on this subject has been settled by the Constitution Bench decision of the Supreme Court in

Punj Lloyd Ltd. Vs. Hindustan Petroleum Corporation Ltd.

Court : Mumbai

Subject : Arbitration

43 of the said judgment in the case M/s.Kailash Nath Associates(supra) read thus: “33. Section 74 occurs in Chapter 6 of the Indian Contract Act, 1872 which reads “Of the consequences of breach of contract.” It is in … considering the request of the petitioner for extension of time. Reliance is placed on Section 70 of the Indian Contract Act 1872 and it is submitted that the learned arbitrator ought to have allowed the said claim on the principles

Gmr Energy Limited vs.doosan Power Systems India Private Limited & ...

Court : Delhi

Subject : Arbitration

as disclosed from the plaint is that Article X Section 10.2 is inconsistent with some provisions of the Indian Contract Act, 1872, and hit by Section 23 of the Indian Contract Act (as being contrary to public policy). It is … the Arbitration Act which Doosan India seeks to do, CS(COMM) 447/2017 Page 6 of 98 would be hit by Section 28 of the Indian Contract … Section 2(h) only says that “party” means a party to an arbitration agreement. This expression falls in the chapter dealing with definitions and would have to be construed along with the other relevant provisions of the Act.