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In Re: Vaishu Engineering Industries Ltd.

Court : Andhra Pradesh

Subject : Company

Acts : Andhra Pradesh State Financial Corporation Act, 1951 - Sections 29; Indian Contract Act, 1872 - Sections 172, 173, 176 and 529; Companies Act, 1956 - Sections 125, 125(4), 126, 529, 529(1) and 529A

Reported in : 2006(5)ALD115

had pledged goods in favour of the Bank, within the meaning of expression under Section 172 of the Indian Contract Act, 1872 (hereinafter referred to as 'the Contract Act'). The goods pledged were lying in the factory premises of the … 'pledge'. The bailor is in this case called the 'pawnor'. The bailee is called 'pawnee'. In terms of Section 173 of the Contract Act, Pawnee has a right to retain the goods pledged. In terms of Section 176

Mohan Enterprises Rep. by Its Managing Partner Mr. Peetani Sambaiah Vs ...

Court : Andhra Pradesh

Subject : BankingContract

Acts : Indian Contract Act, 1872 - Sections 171, 173 and 174

Reported in : I(2008)BC476

in the facts and circumstances of the present case, it cannot be said that Section 171 of the Indian Contract Act, 1872 would be attracted. Ultimately, the learned Counsel would conclude that this stand taken by the banking institution is … Sections 173 and 174 of the Act deal with the pawnee's right of retainer of the goods pledged. Section 173 provides that the pawnee may retain the goods pledged, not only for payment of the debt or the

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 … the control of the Court, grant or renew leases of a limited duration. The more important sections are 173 and 174.173. Persons whose property is under the superintendence of the Court of Wards shall not be competent

Government of West Bengal Vs. Chatterjee Petrochem (Mauritius) Co. and ...

Court : Kolkata

Subject : Company

Acts : Companies Act, 1956 - Sections 10F, 173, 289, 291, 397, 397(2), 398, 399, 399(1), 402, 403, 406, 617 and 619B; ;Income Tax Act, 1922 - Section 66 and 66(1); ;Companies Act, 1985 - Section 459; ;Indian Contract Act, 1872 - Sections 13, 14, 17 and 18; ;Constitution of India - Articles 33, 141 and 142; ;Code of Civil Procedure (CPC) , 1908 - Order 39, Rule 3; ;Unlisted Public Companies (Preferential Allotment) Rules, 2003 - Rule 6

Reported in : [2008]143CompCas837(Cal)

allegations are not supported by any documentary or oral evidence. By referring me to the provisions of the Indian Contract Act, 1872, Sections 13, 14, 17 and 18 and to the statements made in the company petition, counsel for the … 426 US 438, in support of his contention that an omitted fact is material for the purpose of Section 173 of the Companies Act, 1956, if there is a substantial likelihood that a reasonable shareholder would consider it

Sayamma Dattatraya Narsingrao Vs. Punamchand Raichand Marwadi

Court : Mumbai

Subject : Contract

Reported in : AIR1933Bom413; (1933)35BOMLR850; 147Ind.Cas.1096

defendants Nos. 2 and 3. Reference may also be made to illustration (h) to Section 23, of the Indian Contract Act, 1872.8. As to the principles deducible from decided cases, the following propositions can be laid down:-Firstly, where the consideration … is also illustrated by the English decisions in Jones v. Merionethshire Permanent Benefit Building Society [1892] 1 Ch. 173 Williams v. Bayley (1866) L.R. 1 H.L. 200 and Collins v. Blantern (1767) 1 Sm. L.C. 406 In

Raghunath Gopal Daftardar Vs. Sau, Vijaya Raghunath Daftardar

Court : Mumbai

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 12(1) and 12(2); Indian Contract Act, 1872 - Sections 17

Reported in : 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 :- ' … In this case, Rattigan on Divorce was relied upon by the learned Judge and is quoted at page 173. It is in these words :-'Generally speaking, concealment or deception by one of the parties in respect to

Union of India (Uoi) Vs. Col. L.S.N. Murthy and anr. Overruled

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 19, 24, 28, 28(1), 31, 34 and 37; Contract Act, 1872 - Sections 70; Code of Civil Procedure (CPC) , 1908; Evidence Act, 1872

Reported in : 2006(4)ALD368; 2006(4)ALT256; 2006(3)ARBLR552(AP)

the benefit was bound to pay compensation to the 2nd respondent in terms of Section 70 of the Indian Contract Act. Though the statement of claim filed by the 2nd respondent for the value of the fruits supplied by … be void, the Arbitrator was competent to grant the appropriate relief in terms of Section 70 of the Contract Act, 1872 and therefore the Award dated 6-6-2001 did not suffer from any infirmity warranting interference on any of the

Dr. M.i. Itty Vs. Kerala Financial Corporation,

Court : Kerala

Subject : BankingCompany

Acts : Companies Act, 1956 - Section 529A; ;Kerala Revenue Recovery Act, 1968 - Sections 7 and 34; ;Indian Contract Act, 1872 - Sections 2, 128, 134, 140 and 141; ;Kerala Agriculturists Debt Relief Act, 1958; ;Madras Agriculturists' Relief Act, 1938; ;Insolvency Act - Section 45; ;Sick Textile Undertakings (Nationalisation) Act, 1974 - Sections 5 and 29; ;Companies (Court) Rules, 1959 - Rules 164 and 179

appellant, a guarantor, cannot be held liable. Reliance was placed on Sections 128, 134 and 141 of the Indian Contract Act, 1872 in support of the said contention. The learned Counsel for the appellant also referred to and relied on … (1875) Law Rep. 10 Ch. App. 211. See Rowlatt, op. cit. p. 173. The same is the position in liquidation proceedings. The dissolution of a … giving credit to the amount received from the Official Liquidator. The Corporation thereafter issued Ext.P6 demand notices under Sections 7 and 34 of the Kerala Revenue Recovery Act, 1968 demanding payment of the sum of Rs. 33,45,780.20

Calcutta Credit Corpn. Ltd. and anr. Vs. His Royal Highness Prince Pet ...

Court : Kolkata

Subject : Commercial

Acts : Evidence Act, 1872 - Sections 101 to 104, 106 and 117; ;Contract Act, 1872 - Sections 151 and 152

Reported in : AIR1964Cal374,68CWN554

fail in taking as much care as was required of them as a bailee underSection 151 of the Indian Contract Act. It would be useful to refer to the terms of Section 151 as well as Section 152 of … correct statement of the law. Their Lordstins further observed :'It is true that under the Evidence Act of 1872, Section 106, when any fact is especially within the knowledge of any person, the burden of proving that fact … Ltd., 27 Cal LJ 615 (at p. 618) : AIR 1917 PC 173 (at p. 175). In that case, where Sections 151 and 152 of

Dodla Bhaskar Rao Vs. State Bank of India

Court : Orissa

Subject : Contract

Acts : Contract Act, 1872 - Sections 176 and 177

Reported in : AIR1992Ori161; [1994]80CompCas57(Orissa)

rights and liability of the parties are governed by the provisions in Sections 172 to 179 of the Indian Contract Act, 1872. Section 172 defines the terms 'pledge', 'pawner' and 'pawnee'. Section 173 lays down that the pawnee may retain the