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Raghunath Gopal Daftardar Vs. Sau, Vijaya Raghunath Daftardar
Mumbai
Mar-15-1971
Family
Hindu Marriage Act, 1955 - Sections 12(1) and 12(2); Indian Contract Act, 1872 - Sections 17
AIR1972Bom132; (1971)73BOMLR840; ILR1972Bom511; 1972MhLJ110
the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872. Now, fraud is defined in Section 17 of the Indian Contract Act, 1872, which runs thus :- '
Tag this Judgment! AI Brief & AskThe State of Andhra Pradesh and anr. Vs. T. Suryachandra Rao
Supreme Court of India
Jul-25-2005
Property
Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 - Sections 10(3) and 21; Land Acquisition Act, 1898; Indian Contract Act, 1872 - Sections 17
AIR2005SC3110; 2005(5)ALD118(SC); JT2005(6)SC391; (2005)141PLR551; (2005)6SCC149
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 act committed by a party to a contract with intent to deceive another. From dictionary
Tag this Judgment! AI Brief & AskUniclel Ltd. and anr. Vs. the State Trading Corporation
Delhi
Mar-29-1978
Arbitration
Arbitration Act, 1940 - Sections 20(1); Indian Contract Act, 1872 - Sections 17
ILR1978Delhi203
case of fraud pleaded by the Unicel has to be decided under sections 17 and 19 of the Indian Contract Act, 1872. Under section 17 an act or omission including silence when there is a duty to speak has to
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Narsingdas Takhatmal Vs. Radhakisan Rambakas and ors.
Mumbai
Dec-03-1951
FamilyProperty
Evidence Act, 1872 - Sections 92; Indian Contract Act, 1872 - Sections 17(3); Code of Civil Procedure (CPC), 1908 - Order 6, Rule 4; Transfer of Property Act, 1882 - Sections 9
(1952)54BOMLR492
transaction. It must be fraud within the meaning of the term as used in Section 17(3) of the Indian Contract Act, 1872, and unless and until the allegations amount to that, there cannot be any valid plea of fraud which
Tag this Judgment! AI Brief & AskDai-ichi Karkaria Private Ltd., Bombay Vs. Oil and Natural Gas Commiss ...
Mumbai
Jan-29-1991
CommercialCustoms
Specific Relief Act, 1963 - Sections 38; Code of Civil Procedure (CPC), 1908 - Sections 94 and 151 - Order 6, Rule 4 and Order 39, Rules 1 and 2; Indian Contract Act, 1872 - Sections 15 and 17; Companies Act, 1956; Customs Act, 1962 - Sections 25; Indian Penal Code (IPC), 1860
AIR1992Bom309; 1991(4)BomCR631; (1991)93BOMLR183
the defendant No. I did not say a word. On this aspect, theExplanation to Section 17 of the Indian Contract Act, 1872 is of considerable significance. The said Explanation reads as under:--'Explanation silence as to facts likely to affect the
Tag this Judgment! AI Brief & AskAshok Mahansing Bajaj H.U.F. Vs. Elegant Pharmaceuticals Ltd. and Othe ...
Mumbai
Feb-14-2000
SICA
Code of Civil Procedure (CPC), 1908 - Order 37, Rules 2 and 3; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(2), 15, 16 and 22; Indian Contract Act, 1872 - Sections 17, 18, 25, 126, 127, 128, 140 and 141; Negotiable Instruments Act, 1881 - Sections 37; Industrial (Development and Regulations) Act, 1951; Companies Act, 1956
2000(2)ALLMR242; 2000(3)BomCR169; (2000)1BOMLR968; 2000(2)MhLj855
the said bill of exchange as principal debtors. 'Contract of guarantee' is defined under section 126 of the Indian Contract Act, 1872 and so also 'surety', 'principal debtor' and 'creditor' are defined in the said section. Section 126 of the … respect of an industrial company, an enquiry under section 16 is pending or any scheme referred to under section 17 is under preparation or consideration or a sanctioned scheme is under implementation or where an appeal under section
Tag this Judgment! AI Brief & AskRamchandra Laxman and ors. Vs. the Bank of Kolhapur
Mumbai
Aug-31-1951
ContractProperty
Registration Act, 1908 - Sections 17; Evidence Act, 1872 - Sections 91; Indian Contract Act, 1872 - Sections 23, 171 and 176; Code of Criminal Procedure (CrPC) , 1898 - Sections 253; Code of Civil Procedure (CPC), 1908 - Order 34, Rule 4
AIR1952Bom315; (1952)54BOMLR245; ILR1952Bom715
a non-compoundable offence which has been taken cognizance of, is against public policy under Section 23 of the Indian Contract Act, 1872, and is therefore void and unenforceable.'There, again, the same principle to which we have referred above was accepted, … intended to convey the meaning that no memorandum relating to a deposit of title deeds can be within Section 17 of the Indian Registration Act unless it embodies all the particulars of the transactions of which the deposit
Tag this Judgment! AI Brief & AskMithoolal Nayak Vs. Life Insurance Corporation of India
Supreme Court of India
Jan-15-1962
Media and CommunicationInsurance
life Insurance Corporation Act, 1956; Insurance Act, 1938 - Sections 38 and 45; Indian Contract Act, 1872 - Sections 17, 19, 30, 64 and 65; Constitution of India - Article 133(1)
AIR1962SC814; [1962]32CompCas177(SC); [1962]Supp2SCR571
words, there was a deliberate suppression fraudulently made by Mahajan Deolal. Fraud, according to s. 17 of the Indian Contract Act, 1872 (IX of 1872), means and includes Inter alia any of the following acts committed by a party to … did not amount to a fraudulent suppression of material facts by the policy-holder within the meaning of that section. The learned trial Judge found that the ailments for which Dr. Lakshmanan treated Mahajan Deolal in September-October, 1943,
Tag this Judgment! AI Brief & AskMahabir Kishore and ors. Vs. State of Madhya Pradesh
Supreme Court of India
Jul-31-1989
ContractLimitation
Contract Act, 1872 - Sections 72; Limitation Act, 1963 - Sections 17, 17(1) - Schedule - Articles 24 and 113; Code of Civil Procedure (CPC) - Sections 80
[1990]69CompCas16(SC); JT1989(3)SC327; (1989)4SCC1a
available in the former.17. A tax paid under mistake of law is refundable under Section 72 of the Indian Contract Act, 1872. In Sales Tax Officer v. Kanhaiya Lal : [1959]1SCR1350 where the respondent, a registered firm, paid sales tax
Tag this Judgment! AI Brief & AskRajeswari and Another Vs. Sri Buvaneswari Cycle Mart
Chennai
Sep-09-1999
Tenancy
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 -- Sections 10 (2), 14, 15, 16, 17, 18, 23, 25, 27 and 151; Partnership Act, 1932 -- Sections 4, 19, 22; Code of Civil Procedure (CPC), 1908 -- Order 1, Rule 10 -- Order 6, Rule 17 -- Order 23, Rule 3 -- Order 30, Rule 1 and 4 and Order 41, Rule 22 and 27; Indian Contract Act, 1872 -- Sections 45
2000(1)CTC156
30, Rule 4 of the Code reads as follows:- ' Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872, where two or more person may sue or be sued in the name of a firm under the … Act, the provisions of CPC is not applicable. There is also no parallel provision like Order 6, Rule 17. In Abdul Khader v. A.K.Murthy : (1947)2MLJ482 , this Court has held that though the provisions of CPC
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