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M/s. Kumaraswamy Mineral Exports and Another Vs. The Commercial Manage ...

Court : Karnataka Dharwad

Subject : Land Acquisition

be voidable and not binding on the respondents. 6. On a plain reading of Section 22 of the Indian Contract Act, 1872, it is evident that a contract is not voidable merely because it was caused by one of the … rate which is unreasonable, it would be for the complainant to approach the Railway Rates Tribunal constituted under Chapter VII of the Railways Act, 1989. Therefore, since the petitioners were armed with an alternative remedy of redressal, … as per the Railway receipts bearing No.212000758. 212000768, 212000769 dispatched on 30.1.2008, 7.2.2008 and 8.2.2008 respectively to the consignee petitioner No.1., and etc.) 1. Heard

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 … Divisional Forest Officer at 5. 22 P. M. revoking the tender. At 7 p. M, the plaintiff's tender with reference to this coupe was accepted,

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 … Commissioner of Income-tax in their appeal by the assessee firm in para 7 at page 20 which runs as follows :'Because the finding of the

Union of India Vs. M/S. Sattur Nataraja Traders

Court : Karnataka

Subject : Contract

Acts : Railways Act, 1890 - Sections 46-C, 55, 56, 72, 73 and 77(1, 2 and 3); Railways (Amendment) Act, 1961 - Sections 73 and 77; Indian Contract Act, 1872 - Sections 151, 152, 161 and 162; Partnership Act, 1932 - Sections 69(2); Code of Civil Procedure (CPC), 1908 - Sections 80; Carriers Act, 1865; Constitution of India - Articles 133 and 134-A

Reported in : 1993ACJ877; AIR1992Kant301; ILR1992KAR392

other provisions of this Act, be that of a bailee under Ss. 151, 152 and 161 of the Indian Contract Act, 1872. (2) An agreement purporting to limit that responsibility shall, in so far as it purports to effect such … fact that the plaintiff was aware of the arrival of goods at Kankaria is of no material consequence. Chapter VII of the Act deals with the responsibility of the Railway Administration as a Carrier. It may be … day; that the plaintiff took delivery of the other two consignments on 7-8-1974 but failed to take delivery of the consignment in question on that

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 … terms and conditions and was to be entitled to claim and recover 75 per cent of the 'unearned increase in the value', i.e. the difference

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 … having a Savings Bank Account in U.S.A. and was also possessed of joint accounts of about Us $ 70,000 in the form of personal property with a life insurance of nearly Us $ 20,000. The husband said

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 … others filed suits being O.S. No. 463 of 2002 and O.S. No. 73 of 2004 in respect of the said land making a false claim.

Supriyo @ Supriya Chakraborty Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

Nath Ganguly, the Supreme Court was concerned with the interpretation of ‘public policy’ under Section 23 of the Indian Contract Act, 1872.19 In this context, this Court observed: “It is thus clear that the principles governing public policy must … The JJ Act was enacted to consolidate and amend the law catering to the basic needs of children. Chapter VIII (Sections 56 to73) deals with the provisions relating to adoption. Section 2(49) of the JJ Act defines … of Article 5 of the Universal Declaration of Human Rights and Article 7 of the International Covenant on Civil and Political Rights, no one shall

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 … Mulchand Jain (Dead) by Lrs. vs State of Maharashtra, 1979 (2) SCC 70. By referring to various judgments, the Constitution Bench in Chand Rani (supra)

Sehat Ali Khan and anr. Vs. Abdul Qavi Khan and ors.

Court : Allahabad

Subject : Limitation

Acts : Limitation Act, 1908 - Sections 12(2) and 29(2); Allahabad High Court Rules - Rule 7; Code of Civil Procedure (CPC) , 1908

Reported in : AIR1956All273

substituted in 1922, was differently worded and was:'29 (1) Nothing in this Act shall -- (a) affect the Indian Contract Act, 1872, Section 25;(b) affect or alter any period of limitation specially prescribed for any suit, appeal or application by … copies of the judgment and decree,The limitation for filing the special appeal was governed by Rule 7 of Chapter III of the Rules of Court which was then as follows:'In all appeals under the Letters Patent, a