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The Talmakiwadi Co-operative Housing Society Ltd. Vs. the Divisional J ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Maharashtra Co-operative Societies Act, 1960 - Sections 2(16), 4, 9, 13, 14, 17, 22(1), 23(1), 36, 72 and 166(2); Maharashtra Co-operative Societies Rules, 1961 - Rules 10 and 13(1); Constitution of India - Article 19(1); Co-operative Society Act, 1925; Indian Contract Act, 1872; Societies Registration Act, 1860; Bombay Co-operative Societies Act, 1925; Transfer of Property Act, 1882 - Sections 10; Andhra Pradesh Co-operative Societies Act, 1964; Hindi Sahitya Sammelan Act, 1962

Reported in : 1999(1)ALLMR389; 1999(1)BomCR393

directed, it has been provided that: (a) a person who is competent to enter into contract under the Indian Contract Act, 1872 would be eligible to become a member subject to his fulfilling certain requirements; (b) a minor or a … to amend its bye-laws. The order has been passed in exercise of the power vested in him under section 14(2) of the Societies Act. A few facts necessary to appreciate the controversy may be stated. 3. The … Bombay Co-operative Societies Act, 1925, by virtue of the provisions of section 166(2) of the 1960 Act, the society shall be deemed to have been

Nutan Kumar and Others Vs. Iind Additional District Judge, Banda and O ...

Court : Allahabad

Subject : TenancyContract

Acts : Indian Contract Act, 1872 - Sections 2, 3, 10, 12 and 23 to 30; Transfer of Property Act, 1882 - Sections 6, 105 and 108; Constitution of India - Article 13, 13(3) and 141; Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947 - Sections 7(2); Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Sections 11, 12, 13, 15, 15(1), 16, 16(1), 17, 17(1) and 31; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 15; Central Provinces and Berar Letting of Houses and Rent Control Order, 1949; Specific Relief Act; Child Marriage Restraint Act, 1929; Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1969 - Sections 5(8); Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 - Sections 166; Uttar P

Reported in : AIR1994All298

matter relating to all agreements constituting subsratum Of a valid contract are subject to and governting by the Indian Contract Act, 1872, hereinafter called the Contract Act.3. Clauses (h) and (g) of Section 2 of the Contract Act declare that … the provisions contained in S. 5(8) of the U.P. Imposition of Ceiling on Land Holdings Act, 1969 and Section 166 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 and similar provisions in other statutes declaring transfers

Chinnari Gopalam and ors. Vs. the Union of India (Uoi) Represented by ...

Court : Andhra Pradesh

Subject : Civil

Acts : Railways Act, 1890 - Sections 57 and 72; Sale of Goods Act, 1930 - Sections 2(4); Indian Contract Act, 1872 - Sections 166

Reported in : AIR1959AP331

of Sale of Goods Act 1930, Sections 57 and 72 of Railways Act, 1890 and Section 166 of Contract Act, 1872 - Section 2 (4) declares railway receipt to be document of title - Section 57 authorises railways to … of loss, destruction or deterioration of animals or goods.It is true however that the relevant provisions of the Indian Contract Act as to contracts of bailment would apply to the carriage of goods by the Railway authority, except in

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. 1,00,000/-

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 … under.(ii) An insurer is entitled to raise a defence in a claim petition filed under Section 163A or Section 166 of the Motor Vehicles Act, 1988, inter alia, in terms of Section 149(2)(a)(ii) of the said Act.(iii) The

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 … issue was answered in favour of the State by the Division Bench holding that the provisions of Article 166 (1) & (2) were being complied with before the Notifications were issued. The Division Bench held that the

Paulose Vs. State of Kerala

Court : Kerala

Subject : ExciseContract

Acts : Contract Act, 1872 - Sections 73 and 74; Madras Sales Tax Act; Kerala Abkari Act, 1077 - Sections 29 and 69; Kerala Abkari Shops Departmental Management Rules, 1972 - Rules 5(10), 5(15), 6, 6(10), 6(14), (28), 13 and 35; Constitution of India - Article 226

Reported in : 2005(3)KLT850

Section 29(r) is to the following effect:-29(r) 'for the forfeiture notwithstanding provisions to the contrary contained in the Indian Contract Act, 1872 or in any other law, of the whole or any portion of the kists deposited by persons who … had been dismissed by the Supreme Court in the decision reported as State v. Narayana Pillai, 2000(1) KLT 166. But the facts of the case appear to be different and the observations therefore may not be safe

Rajbir Singh & Anr vs.jaswant Yavdav

Court : Delhi

Subject : Land Acquisition

impugned judgment, and these paras read as under:-"―38. Here, the court would refer to Section 74 of the Indian Contract Act, 1872 which lays down the law with respect to compensation for breach of contract where a sum is named

Sundermull and ors. Vs. Ladhuram Kaluram

Court : Kolkata

Subject : Land Acquisition

Reported in : 83Ind.Cas.757

under item (i) was founded upon breach of contract; secondly, that having regard to the provisions of the Indian Contract Act (IX of 1872) and the Transfer of Property Act (IV of 1882) the only remedy open to the … to yield up possession--Breach of contract--Trespass--Damages--Transfer of Property Act (IV of 1882), Sections 106, 108--Contract Act (IX of 1872), Section 73. - … 7 M. & W. 48 at p. 54 : 10 L.J. Ex. 166 : 151 E.R. 673 : 56 R.R. 610. In that case an

Bajaj Allianz General Insurance Co. Lt Vs. Botu Janardhana Rao and 3 O ...

Court : Andhra Pradesh

Subject : Land Acquisition

indemnify pursuant to said policy more particularly under the contract of agency covered by chapter 10 of the Indian Contract Act, 1872, the general law apart from the special provisions under the Insurance Act is sustainable. The Tribunal there from … Thirty Nine thousand only) with interest at 7.5% per annum as prayed for in the claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, 'the Act').2. Heard Sri A.Rama Krishna Reddy, the learned counsel