Advanced Search Results

industrial Finance Corporation of India Ltd. Vs. the Cannanore Spinnin ...

Court : Supreme Court of India

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 20, 21, 29, 56, 128 and 130 to 141; Companies Act, 1956; Industrial Development and Regulations Act; Sick Textile Undertakings (Nationalisation) Act, 1974 - Sections 3, 4, 5 and 20; Nationalisation (Sick Textile Undertakings Taking Over of Management) Act, 1972 - Sections 5, 5(1) and 5(2); Constitution of India - Article 136; Sick Industrial Companies (Industrial Provisions) Act, 1995 - Sections 22

Reported in : AIR2002SC1841; 2002(3)ALD113(SC); 2002(2)ARBLR676(SC); II(2002)BC430(SC); [2002]110CompCas685(SC); (2002)4CompLJ337(SC); JT2002(4)SC318; (2002)3MLJ144(SC); 2002(3)SCALE574;

juncture, it would also be convenient to note the true effect of Sections 139 and 140 of the Indian Contract Act, 1872 as well, which read as under : '139. Discharge of surety by creditor's act or omission impairing surety's … creditor has against the principal debtor, including the enforcement of every security stands statutorily recognised and incorporated in Section 141 of the Indian Contract Act as regards the discharge of a surety from liability, when the creditor … is this finding which is under challenge before this Court under Article 136 of the Constitution and this Court on 6th March, 1995 granted special

M/S. Indian Drugs and Pharmaceuticals Ltd. Vs. M/S. Indo Swiss Synthet ...

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 2, 8 and 33; Limitation Act, 1963 - Schedule - Article 137; Constitution of India - Article 136; Indian Contract Act, 1872 - Sections 62; Code of Civil Procedure (CPC) - Sections 20

Reported in : AIR1996SC543; 1996(1)ARBLR77(SC); 1995(6)SCALE439; (1996)1SCC54; [1995]Supp5SCR189

breach of contract - Section 33 of Arbitration Act,1940, Article 136 of Constitution of India, Section 62 of Indian Contract Act, 1872, Section 20 of CPC,1908 and Article 137 of Schedule to Limitation Act, 1963 - whether arbitration clause remained in

Compact Griha Nirman Vs. Kusum Alloys Ltd.

Court : Karnataka

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 7, 11, 11(5), 11(6), 16, 16(1), 16(2), 16(3) and 16(5); Companies Act, 1956 - Sections 293(1); Specific Relief Act - Sections 20; Indian Contract Act, 1872 - Sections 2 and 10; Constitution of India - Article 136

Reported in : ILR2007KAR3794; 2007(6)KarLJ564; ILR2007(4)Kar4192; 2007(5)AIRKarR416; AIR2007NOC2349

context, it is necessary to notice the difference between an agreement and a contract, Section 2(e) of the Indian Contract Act, 1872 defines, that 'Every promise and every set of promises forming consideration for each other, is an agreement'. Section … by the Chief Justice would attain finality and an appeal will lie against that order only under Article 136 of the Constitution of India to the Supreme Court. The Chief Justice has to necessarily apply his mind

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 … of continuing guarantee and revocation of continuing guarantee by surety's death respectively; Sections 132, 133, 134, 135 and 136 deal with liability of the sureties and discharge of their iiabilities; Section 137 provides that the creditor's forbearance

National Textile Corp.Ltd. Vs. Nareshkumar Badrikumar Jagad and ors

Court : Supreme Court of India

Subject : Civil

Acts : The Textile Undertakings (Taking over of Management) Act, 1983 ; Textile Undertakings (Nationalisation) Act, 1995 - 3(1) (2); Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ; Maharashtra Rent Control Act, 1999 - Section 3(1) (a) ; Code of Civil Procedure (CPC), 1908 - Section 115 Order 8 Rule 2; Constitution Of India - Article 136, 12; Food Corporation Act, 1964; Punjab Municipalities Act, 1911 ; Companies Act - Sections 619, 620; Indian Contract Act 1872 - Section 230

relationship of agent and principal and held that in view of the provisions of Section 230 of the Indian Contract Act 1872 (hereinafter called the `Contract Act'), an agent is not liable for the acts of a disclosed principal subject … after the amendment Act 2002, w.e.f. 1.7.2002. Being the fourth court, in exercise of its power under Article 136 of the Constitution, this Court should not entertain the appeal. The appeal lacks merit and is liable to

Ministry of Defence, Government of India Vs. Cenrex Sp. Z.O.O and Othe ...

Court : Delhi

Subject : Arbitration

is also, at this stage, necessary to refer to and reproduce Sections 51, 52 and 54 of the Indian Contract Act, 1872 inasmuch as these provisions will be relevant to determine the issue as to whether or not it was … Kailash Nath Associates Vs. Delhi Development Authority and Another, (2015) 4 SCC 136 reiterates the ratio of Fateh Chand's case (supra). 13. In the present … Oral: 1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act') is filed by the

M/s. Al Rostamani International Exchange, Represented by its Head Inte ...

Court : Chennai

Subject : Land Acquisition

misrepresentation, if it was at the material date false in substance and in fact. Section 17 of the Indian Contract Act, 1872 defines "fraud" as an act committed by a party to a contract with intent to deceive another. From … deprived of their hard earned money on a technical question of law which is not in existence. Sections 136 and 137 are sufficient safeguards for the companies in India to proceed against the foreign companies if any

Ajit Kumar Nag Vs. General Manager (P.J.), Indian Oil Corporation Ltd. ...

Court : Supreme Court of India

Subject : Service

Acts : Constitution of India - Articles 12, 14, 32, 136, 226, 227, 309, 311, 311(2) and 356; Indian Penal Code (IPC) - Sections 147, 149, 341, 323, 498A and 506; Contract Act, 1872 - Sections 23; Service Rules; Criminal Law

Reported in : AIR2005SC4217; [2005(107)FLR407]; JT2005(8)SC425; RLW2005(4)SC2326; (2005)7SCC764; 2006(1)SLJ267(SC)

Such provisions have also been held to be bad and against public policy under Section 23 of the Contract Act, 1872. Even if there is a term in the contract or in a Rule, it is liable to be … Constitution challenging the validity of Clause (vi) of Standing Order 20 of the Certified Standing Orders of the Indian Oil Corporation Ltd.-respondent herein being arbitrary and against the principles of natural justice.2. To appreciate the controversy raised … of jurisdiction which deserves interference in exercise of discretionary jurisdiction under Article 136 of the Constitution. As is clear, the situation has been created by

Superintendent and Legal Remembrancer, State of West Bengal Vs. Corpor ...

Court : Supreme Court of India

Subject : Civil

Acts : Calcutta Municipal Act, 1951 - Sections Sections 115, 167(2), 218, 218(1), 512, 537, 541, 541(1), 541(2) and 547A; ;Constitution of India - Articles 25, 32, 136, 226, 298, 300, 372 and 544; Calcutta Municipal Act, 1923 - Sections 385(1), 386(1), 421 and 488; Common Law; Constitutional Law; Interpretation Act; Crown Proceedings Act; City of Bombay Municipal Act, 1888 - Sections 212, 222(1), 265, 305, 489 and 491; Indian Limitation Act, 1877 - Sections 26 - Schedule - Articles 167 and 178; City of Madras Municipal Act, 1884 - Sections 341; Government of India Act, 1935 - Sections 110, 208(1) and 225(1); Indian Contract Act, 1872 - Sections - 74; Specific Relief Act - Sections 9; Indian Registration Act, 1908 - Sections 17(2) and 90; Indian Easements Act - Sections 2; The Crown Grant

Reported in : AIR1967SC997; 1967CriLJ950; [1967]2SCR170

be bound unless the contrary is stated. Many Acts like the Code of Civil Procedure, 1908 and the Indian Contract Act 1872 make special provisions for the Government in respect of particular matters on the assumption that in respect of … that the Government carried on a trade. In this appeal under Art. 136 of the Constitution, I do not propose to interfere with this finding … for the year 1960-61, the Government of West Bengal did not take out a licence under the said section but carried on the said trade. The main contention of the Government was that the State was not

K.R. Suresh versus R. Poornima & Ors.

Court : Supreme Court of India

Subject : Land Acquisition

Reported in : [2025] 6 S.C.R. 22

of Rs.20,00,000/-. 43. At this juncture, we deem it appropriate to take note of Section 74 of the Indian Contract Act, 1872 (for short, “the 1872 Act”). Section 74 of the 1872 Act deals with the compensation for loss or … : (1969) 2 SCC 554; Kailash Nath Associates v. DDA [2015] 1 SCR 627 : (2015) 4 SCC 136; Lakshmanan v. B.R. Mangalagiri [1994] Supp. 6 SCR 561 : (1995) Supp. 2 SCC 33; Godrej Projects Development