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Nagpur Nagarik Sahakari Bank Ltd. Vs. Union of India and anr.

Court : Andhra Pradesh

Subject : Company

Acts : Maharashtra Co-operative Societies Act - Sections 164; Indian Contract Act, 1872 - Sections 74, 124, 126, 128, 140, 141 and 145

Reported in : [1984]55CompCas677(AP)

shall be final and binding on the bank ....' Sections 124, 126, 128, 140 and 145 of the Indian Contract Act, 1872, read as under : '124. A contract by which one party promises to save the other from loss … the duties and obligations indicated in the said agreement shall be final and binding on the bank ....' Sections 124, 126, 128, 140 and 145 of the Indian Contract Act, 1872, read as under : '124. A

Arul Murugan Traders Vs. Rashtriya Chemicals and Fertilizers Ltd. and ...

Court : Chennai

Subject : Company

Acts : Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 39, Rules 1 and 2; Indian Contract Act, 1872 - Sections 126, 128, 133, 140 and 145

Reported in : (1984)2MLJ375

courts when bank guarantees are invoked, after referring to Sections 126, 128, 133, 140 and 145 of the Indian Contract Act, 1872, dealing with indemnity and guarantee, he refers to United Commercial Bank v. Bank of India, : [1981]3SCR300 , … No. 737 of 1982, it sought for grant of a temporary injunction under Order 39, rule I and section 151, CPC, restraining respondents from realising the said amount by enforcing the bank guarantee till the disposal of

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 … performance and surety's right to benefit of creditor's securities respectively; Sections 142 to 144 deal with the guarantee; Section 145 deals with the implied promise to indemnify surety; Section 146 deals with co-sureties liable to contribute equally and

Punjab State Industrial Development Corporation Limited Vs. Punjab Nat ...

Court : Punjab and Haryana

Subject : Company

Acts : Companies Act, 1956 - Sections 125, 429A, 442 and 537; Indian Contract Act, 1872 - Sections 140, 141 and 145; Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Industries (Development and Regulation) Act, 1951 - Sections 18A; Companies Court Rules, 1959 - Rule 9

Reported in : [2008]145CompCas293(P& H); (2006)144PLR402; [2009]95SCL189(Punj& Har)

Act') read with Rule 9 of the Companies Court Rules, 1959, and Sections 141 and 145 of the Indian Contract Act, 1872, for an order to, declare all the liabilities of the Punjab National Fertilizers and Chemicals Limited (In Liquidation) … Company Application Nos. 258 and 260 of 2005 filed by the Punjab State industrial Development Corporation Limited under Section 442, 429-A, of the Companies Act, 1956 (hereinafter to be referred as 'the Act') read with Rule 9

Ramesh Chand Vs. Pollagoni Venkanna and ors.

Court : Andhra Pradesh

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 145 and 166; Insurance Act, 1938 - Sections 64VB, 64VB(2) and 64VB(3); Indian Contract Act, 1872

Reported in : 2007ACJ2198; 2007(1)ALD177; 2006(6)ALT806

and conditions of the contract. For all purposes, policy is a contract under the general law i.e., the Indian Contract Act, 1872.31. If we put it in a different way, the policy, since possessing all trappings of contract, is … Additional District Judge, Nalgonda (for brevity 'the Tribunal No. 1') allowing O.P. No. 250 of 1995, filed under Section 166 of the Motor Vehicles Act, 1988 (for brevity 'the M.V. Act'), and awarding a sum of Rs. … apply for renewal of policy or a certificate of insurance under Section 145(b) of the M.V. Act, only in order to get undue advantage or

Bal Gangadhar Tilak Vs. Shri Shriniwas Pandit

Court : Mumbai

Subject : Family

Reported in : (1915)17BOMLR527

a valid exercise of the power.;A Court is precluded, both on general principles and by the Indian Evidence Act, 1872, Section 145, from treating the oral testimony of a witness as rebutted by statements in documents in evidence unless the … upon the transaction of the adoption itself, an attack in which the various grounds of rescission applicable to contracts in general were alluded to. Their Lordships hold that it is impossible to discover what it is that

Smt. Shanti Devi Sharma and anr. Vs. Radheshyam Palod and anr.

Court : Madhya Pradesh

Subject : Civil

Acts : Madhya Pradesh Kerosene Dealers Licensing Order, 1979; Essential Commodities Act, 1955; ;Indian Contract Act, 1872 - Sections 45; Suits Valuation Act; Court Fees Act, 1870 - Sections 7 and 17; Code of Civil Procedure (CPC) , 1908 - Sections 151 and 153 - Order 1, Rules 9 and 10(1) - Order 2, Rule 2 - Order 30, Rules 1, 2 and 4 - Order 39, Rules 1 and 2; Code of Criminal Procedure (CrPC) - Sections 145

Reported in : 2000(3)MPHT451; 2000(2)MPLJ331

which reads:'4. Right of suit on death of partner.-- (1) Notwithstanding anything contained in Section 45 of the Indian Contract Act, 1872 (9 of 1872), where two or more persons may sue or be sued in the name of a … may be delivered to them as the possession was with the Additional Tahsildar pursuant to the proceedings under Section 145 of the Criminal Procedure Code, it was found that no payment of ad valorem Court fee is required.23.

Gian Chand and ors. Vs. M/S York Exports Ltd. and anr.

Court : Supreme Court of India

Subject : Land Acquisition

averments contending that the contract is not frustrated as pleaded by the plaintiffs under Section 56 of the Indian Contract Act, 1872 and the plaintiffs are not entitled for the decree of money including the interest as claimed by them … was cast on the plaintiffs in the agreement to sell. The plaintiffs managed to obtain permission only for 145 bighas of land. As the stipulated time for obtaining permission for the entire area expired, the plaintiffs sought

N. Srihari and ors. Vs. N. Prakash and ors.

Court : Andhra Pradesh

Subject : Family

Acts : Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955; Evidence Act, 1872 - Sections 21, 63, 65, 67, 68, 111 and 145; Indian Succession Act, 1925 - Sections 59 and 63; Contract Act, 1872 - Sections 13 to 18, 20, 21 and 22

Reported in : 2005(4)ALD370

undue influence. But, a contract vitiated by fraud suffers from incurable defect. Sections 13 - 18 of the Indian Contract Act, 1872 define/describe 'consent', 'free consent', 'coercion'', 'undue influence', 'fraud', and 'misrepresentation'. As this Court finds that the allegations of … on the strength of a prior contradictory statement unless it has been put to him, as required by Section 145 of the Evidence Act.63. In Union of India v. Moksh Builders and Financiers (supra) the Supreme Court laid

National Insurance Company Limited Rep. by Its Divisional Manager Vs. ...

Court : Andhra Pradesh

Subject : Motor VehiclesInsurance

Acts : Motor Vehicles Act, 1988 - Sections 2(10), 2(34), 3, 4, 5, 140, 143A, 145, 146, 147, 147(2), 147(3), 147(5), 149, 149(2), 149(7), 163A and 166; Contract Act, 1872 - Sections 124 and 125; Insurance Act, 1938 - Sections 2(9); Motor Vehicles Act, 1939 - Sections 93 to 111; General Insurance Business (Nationalisation) Act, 1972; Indian Penal Code (IPC), 1860 - Sections 337

Reported in : 2010ACJ165; AIR2009AP142; 2009(3)ALT121

Vehicles Act does not define word 'insurance' or 'insurance policy'. In common law and as per provisions of Indian Contract Act, 1872, insurance policy is similar contract of indemnity. Section 124 of Contract Act defines 'contract of indemnity' as 'a … Act, Chapter XI (Sections 145 - 164) was enacted regulating insurance of motor vehicles against third party risks. Section 145 of the Act defines seven terms used in that chapter. As per Section 145(a) of the Act 'authorised