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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

of the railway administration as a bailee under Sections 151, 152 and 162 of the Indian Contract Act, 1872, for the loss, destruction or deterioration … 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 … by the amendment Act 39-61 to relieve the railway administration of its basic liability as a common carrier. Section 72 of the Act, as it stood prior to 1-1-1962, was replaced by Sections 73 and 77 of

The Union of India (Uoi) - Through the General Manager, Northern Railw ...

Court : Allahabad

Subject : Civil

Acts : Indian Railways Act - Sections 73 and 77; Indian Railways (Amdendment) Act, 1961; Contract Act, 1872 - Sections 151, 152, 161 and 162

Reported in : II(2005)ACC534; 2005(3)AWC2656

Act would be eloquent of the fact that the railway administration as bailee under Sections 151, 152 and 162 of the Indian Contract Act, 1872 cannot wash his hands off the responsibility for the loss, destruction or … other provisions of the Act, be that of a bailee under Section 151, 152 and 161 of the Indian Contract Act, 1872. The trial court on a comparative examination of the two sections held the view that Old Section 73

Association of Medical Super Speciality Aspirants and Residents Vs. Un ...

Court : Supreme Court of India

Subject : Land Acquisition

They further submitted that the service bonds executed by the Appellants fall foul of Section 27 of the Indian Contract Act, 1872. The Notifications that were issued by the State Government were also challenged on the ground of unconstitutionality as … to carry on any occupation, trade or business guaranteed by Article 19(1)(g) of the Constitution of India. Article 162 of the Constitution refers to the extent of the executive power of the State Government and that power

B. Srinivasa Reddy Vs. Karnataka Urban Water Supply and Drainage Board ...

Court : Karnataka

Subject : Service

Acts : Karnataka Urban Water Supply and Drainage Board Act, 1973 - Sections 4, 4(2), 6(1), 7, 7(1), 68, 69 and 69(2); Karnataka Urban Water Supply and Drainage Board Rules, 1974 - Rules 3, 4(2), 8 and 18(2); ;Trade Unions Act, 1926; Industrial Disputes Act, 1947 - Sections 2; Indian Contract Act, 1872; Land Acquisition Act, 1894; Indian Penal Code (IPC) - Sections 200; Constitution of India - Articles 14, 16, 32, 151(2), 162, 226 and 309

posts are in the nature of contract which is governed by either the Regulations or provisions of the Indian Contract Act, 1872 or any other statutory provisions and therefore, he has contended that mere phraseology of word 'Contract' is used … executive power is co-extensive with legislative power of the State under Article 162 of the Constitution of India, the State can create civil posts and … 1973 and Karnataka Urban Water Supply and Drainage Board Rules, 1974 (hereinafter referred to as 'Act and Rules'). Section 4(2) of the Act provides that the Chairman and the Managing Director shall possess the prescribed qualification and

Central Inland Water Transport Corporation Limited and anr. Vs. Brojo ...

Court : Supreme Court of India

Subject : Service

Acts : Companies Act, 1956 - Sections 617; Constitution of India - Articles 1, 4, 12, 13, 14, 15, 16, 17, 18, 19, 19(1), 23, 32, 36, 37, 38, 38(1), 39, 40, 41, 42, 47, 51, 51-A, 53(1), 68, 73, 131, 141, 152, 154, 154(1), 162, 226, 298, 308, 311, 311(2), 366, 367(1), 370 and 372; Indian Contract Act, 1872 - Sections 16(1), 16(2), 19, 19-A, 23 and 24; Code of Criminal Procedure (CrPC) , 1973 - Sections 19\7; Central Inland Water Transport Corporation Ltd. (Service, Discipline and Appeal) Rules, 1979 - Rules 9 and 11; Indian Penal Code (IPC), 1908 - Sections 21

Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC); [1986] 2 SCR 178; AIR 1986 SC 157; MANU/SC/0439/1986

Constitution? 2) Whether an unconscionable term in a contract of employment is void under Section 23 of the Indian Contract Act, 1872, as being opposed to public policy and, when such a term is contained in a contract of employment … crashed into the dust of history. Civilizations have flourished, reached their peak and passed away. In the year 1625, Carew, C.J., while delivering the opinion of the House of Lords in Re the Earldom of Oxford 1625

Y. Konda Reddy Vs. State of Andhra Pradesh and Others

Court : Andhra Pradesh

Subject : Contract

Acts : Constitution of India - Articles 12, 14, 73, 77, 154, 162, 163, 166(3), 226, 288, 299 and 299(1); Indian Contract Act, 1872 - Sections 2; Evidence Act, 1872 - Sections 115

Reported in : AIR1997AP121

226 and 299 of Constitution of India, Section 115 of Evidence Act, 1872 and Section 2 (b) of Contract Act, 1872 - tender in dispute opened in favour of petitioner and letter of acceptance issued to him - parties … Petition dismissed. Contract - cancellation of tender - Articles 12, 14, 154, 162, 226 and 299 of Constitution of India, Section 115 of Evidence Act, … that : (1) It has not borrowed from any commercial bank. (2) It has an annual turnover from Indian parameters of Rs. 12,000 crores and the annual turnover of the foreign parameters, Rs. 51,000 crores. Comparatively speaking,

Durga Prasad Vs. Mst. Parveen and ors.

Court : Madhya Pradesh

Subject : PropertyCivil

Acts : Evidence Act, 1872 - Sections 123 and 162; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 2 - Order 11, Rule 19(2) - Order 41, Rule 1; Mineral Concession Rules, 1949 - Rule 41; Mines and Minerals (Development and Regulation) Act, 1957 - Sections 27; Limitation Act, 1908 - Sections 28 - Schedule - Article 47; Code of Criminal Procedure (CrPC) - Sections 145(6); Transfer of Property Act, 1882 - Sections 105 and 108

Reported in : AIR1975MP196

dated 27-1-1959. I do not, therefore, give permission to any one under Section 123 of the Indian Evidence Act. 1872, to give in evidence and said documents or to give any evidence derived therefrom. Solemnly affirmed at Chhindwara … lessor and lessee and the plaintiff's suit was a suit founded on contract? (10) Whether the defendant No. 3, the State of Madhya Pradesh, as … provisions of Order 11, Rule 19 (2) of the Code of Civil Procedure, must be read subiect to Section 162 of the Evidence Act. He should, therefore, have determined whether upon the material before him the documents were,

Auseri Lal Vs. Raja Maneshar Bakhsh

Court : Mumbai

Subject : PropertyContract

Reported in : (1906)8BOMLR491

unconscionable one, and procured by the exercise of undue influence within the meaning of Section 16 of the Indian Contract Act, 1872, as amended by Section 2 of Act VI, of 1899.5. The first point depends on the construction and … group of Sections (161 to 177) in the Oudh Land Revenue Act, 1876,instituted 'Chapter VIII. Court of Wards.' Section 162 defines the persons who shall be held to be disqualified to manage their own estates, including (g) persons

Shankarrao Keshavrao Deshmukh Vs. Vadilal Mulchand Gujarati

Court : Mumbai

Subject : CivilProperty

Reported in : AIR1933Bom239; (1933)35BOMLR462

and that the plaintiff was entitled to recover the amount from the decree-holder under Section 72 of the Indian Contract Act. The same view was laid down by the Privy Council in the case of Dooli Chand v. Earn … my learned brother. Civil Procedure Code (Act V of 1908), Order XXI, Rule 89-Indian Contract Act (IX of 1872), Section 72-Mortgage decree-Execution-Sale of property not subject to mortgage-Owner paying money to have the sale set aside-Voluntary payment-Recovery of … of Parvatibai for her debts, and Survey Nos. 159, 160, 161 and 162 belonging to her were mortgaged under the mortgage-deed. According to the compromise

The Central Bank of India Limited Vs. P.D. Shamdasani

Court : Mumbai

Subject : Criminal

Reported in : AIR1938Bom33; (1937)39BOMLR1187

become a witness by the mere fact that he produces it. See Section 139 of the Indian Evidence Act, 1872. Objections were raised by the accused and the Bank under Section 162 of the Act. The validity of … desires to make a roving and fishing inquiry and because to allow inspection would involve a breach of contract and confidence between the Bank and its customers.8. Now it is perfectly true that the cases relied on