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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 … in Clause 10 and the consequences of non-completion are mentioned in Clause 9. So from the express terms of the contract and the commercial nature

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 … The decision was based upon Garnett v. Bradley (1878) 3 App. Cas. 944 and a reference to that case makes it clear that it cannot

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 … and the Chief Commercial Superintendent, Eastern Railway by way of reminder. On 9.10.1973, he also gave notice of claim for Rs. 53,441.93 under Section 78

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

Oswal Spinning and Weaving Mills Vs. Collector of Customs and Calcutta

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (1989)(21)LC125Tri(Delhi)

position of Port Trust Authority is that of a bailee under Sections 151, 152 and 161 of the Indian Contract Act, 1872, omitting the words "in the absence of any special contract" in Section 152 of that Act, But in … or where it contains any other stipulation by way of penalty.Yet in the Contract Act there is another chapter IX under the Heading "Of Bailment" running from Sections 148 to 181. Section 148 defines "bailment", "bailor" and … in a separate order My Lord Justice Ranganath Misra expressed as follows- 97 ...I do not propose to delve into that aspect in my separate

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 Board of Directors of the society in the meeting held on 9.12.1973 authorised the President, the Secretary and the Treasurer to execute the sale

Moothora Kant Shaw and ors. Vs. the India General Steam Navigation Co.

Court : Kolkata

Subject : Contract

Reported in : (1884)ILR10Cal166

purporting to limit the obligation imposed on a carrier by railway by Sections 152 and 161 of the Indian Contract Act, 1872, in the case of loss, destruction or deterioration of, or damage to property, shall be void unless it … deal with all or any of the subjects above referred to, and to add them as a new chapter to the Act. With this view, leave has already been asked to introduce a Bill to amend and … fix a common carrier with liability. It is true, that by Section 9 of the Carriers Act, and by Section 13 of the Railways Act

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 … Tenth Edition, Indian Economy Reprint 1995, the following passages occur at pages 90, 91 and 120, respectively :--'It has been an ancient observation in the

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. … promised to repay a sum of Rs. 5 lakhs with interest at 9.5 per cent. per annum. On the same day another document was executed

Union of India and anr. Vs. M. Mariaprakasa Mudaliar Sons Karur

Court : Chennai

Subject : Civil

Acts : Indian Railways Act - Sections 54, 55, 56, 57, 72, 72(1), 72-A, 73, 74-A, 74-B, 74-C, 74-D, 74-E, 75, 76, 77, 78 and 78B; Limitation Act, 1908 - Schedule - Articles 30 and 31; ;Indian Contract Act, 1872 - Sections 151, 152 and 161

Reported in : AIR1972Mad140

72(1) of the Act to be that of a bailee under Sections 151, 152 and 161 of the Indian Contract Act, 1872 subject to the other provisions of the Act. Sections 72 and 77 are included in Chapter VII dealing