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M/s. Mascon Multiservices and Consultants Pvt. Ltd. Vs. Bharat Oman Re ...
Mumbai
Aug-11-2014
Land Acquisition
making such a claim. Mr. Andhyarujina would argue that Clause 47 is void under Section 28(b) of the Indian Contract Act, 1872. Section 28 of the ICA runs thus: 28. Agreements in restraint of legal proceedings, void. - Every agreement, - … Court in the case of Oil and Natural Gas Corporation Ltd. Vs. Oil Country Tubular Ltd. 2011(5) Bom.C.R. 198. He concluded that when the contract provided for the payment of liquidated damages upon a breach, the aggrieved
Tag this Judgment! AI Brief & AskSatnam Channan Vs. Darshan Singh
Punjab and Haryana
Feb-28-2006
Tenancy
East Punjab Urban Rent Restriction Act, 1949 - Sections 13B; Indian Contract Act, 1872 - Sections 182 to 188; Powers of Attorney Act, 1882 - Sections 1A and 2; Evidence Act, 1872 - Sections 118; Companies Act - Sections 198, 397, 398 and 399(3); Code of Criminal Procedure (CrPC) - Sections 2; Code of Civil Procedure (CPC) - Order 3, Rules 1 and 2
(2006)143PLR459
188 of the Contract Act, Section 118 of the Evidence Act and Section 1A of Powers of Attorney Act.Indian Contract Act, 1872.182, 'Agent' and 'Principal' defined.- An 'agent' is a person employed to do any act for another or … Prasad v. Hari Narain , following the earlier view taken in Shambhu Dutt Shastri v. State of Rajasthan 1986(2) Weekly Law Notes 713.6. Learned Counsel for the respondent has pointed out that as a matter of fact,
Tag this Judgment! AI Brief & AskState of West Bengal Vs. Afcons Pauling (India) Limited
Kolkata
Sep-10-2013
Arbitration
by Mr.Bose. In India, delay in performance of contracts is governed by Sections 55 and 56 of the Indian Contract Act, 1872. As held by the Supreme Court in General Manager Northern Railway versus Sarvesh Chopra reported in AIR 200.SC … BENGAL versus AFCONS PAULING (INDIA) LIMITED BEFORE: The Hon’ble Justice INDIRA BANERJEE. Date:10. 09.2013 JUDGMENT This application under Section 34 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as the 1996 Act, is for setting … in Municipal Corporation of Delhi versus Jagannath Ashok Kumar reported in AIR 198.SC 213.was rendered under Section 30 of the Arbitration Act, 1940. With the
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Daiichi Sankyo Company Limited vs.malvinder Mohan Singh and Ors
Delhi
Jan-31-2018
Land Acquisition
further pleaded that elements of active concealment are not made out in terms of section 17 of the Indian Contract Act, 1872 (hereinafter referred to as The Contract Act). Further, the respondent has suffered no loss direct or indirect as
Tag this Judgment! AI Brief & AskAnagha Prasad Vs. M.C.Abu
Kerala
Sep-02-2014
Education
being in force, they are Crl.MC Nos.3805, 3806 & 3807/2013 5 so empowered." 8. Section 11 of the Indian Contract Act, 1872 specifies the persons competent to contract. One of the main requirements therein is that the contracting party must … were inserted in the NI Act by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 with effect from 01.04.1989. Now it becomes, therefore, a necessity to find out whether there is any material
Tag this Judgment! AI Brief & AskM/S Kashyap???s Vs. Bata India Ltd.
Delhi
Jul-05-2013
Land Acquisition
pleaded the Agreement to be terminable by a 15 days notice only. Relying on Section 9 of the Indian Contract Act, 1872, it is contended that the plaintiff by remaining quiet after the letter dated 1 st February, 2003 of … the said portion of the property, together with interest thereon, pleading: (i) that the parties on 9th December, 1989 entered into a Joint Retail Venture Agreement in terms of which the plaintiff had allowed the defendants products
Tag this Judgment! AI Brief & AskM.P.M. Murugappa Chetti Vs. the Official Assignee of Madras
Mumbai
Jul-22-1937
Civil
(1938)40BOMLR1
is nothing whatever to show that Pethaperumal had full knowledge of the facts (see Section 198 of the Indian Contract Act which admittedly applies). He was living in a remote village in a Native State in India, the accounts … ratification applicable-Insolvency of the firm-Rights of minors to payment in priority over other creditors-Indian Contract Act (IX of 1872), Section 198.; The manager of a joint Hindu family transferred certain sums to a firm. There was no formal record
Tag this Judgment! AI Brief & AskGadigeppa Bhimappa Meti Vs. Balangowda Bhimangowda
Mumbai
Apr-08-1931
CivilContract
(1931)33BOMLR1313
the general answer to the two questions proposed by the learned Chief Justice. Indian Evidence Act (I of 1872), Section 115-Estoppel-Minor-Suit on contract- Representation by minor that he is of full age-No estoppel against minor from pleading minority-Indian … the Courts in India have to face is how to reconcile those two enactments.5. Section 11 of the Indian Contract Act provides:-Every person is competent to contract who is of the age of majority according to the law to … the Bombay High Court in Ganesh Lala v. Bapu I.L.R. (1895) Bom. 198 Dadasaheb Dasrathrao v. Bai Nahani I.L.R. (1917) Bom. 480 19 Bom. L.R.
Tag this Judgment! AI Brief & AskBezonji Byramji and Co., Jalna and ors. Vs. Central Bank of India Ltd. ...
Andhra Pradesh
Jul-30-1962
Commercial
Negotiable Instruments Act, 1881 - Sections 43 and 59; Indian Contract Act, 1872 - Sections 196 and 198
AIR1963AP348
any event liable to pay the amounts. There is considerable force in this contention. Section 198 of the Indian Contract Act has no application to the facts of the case. The principal was in full possession of all the … of hundies - Sections 43 and 59 of Negotiable Instruments Act, 1881 and Sections 196 and 198 of Contract Act, 1872 - hundies drawn in favour of respondent by appellant either as drawer or endorser dishonoured - appellant authorized
Tag this Judgment! AI Brief & AskDamodar Das Vs. Sheoram Das and ors.
Allahabad
Jul-09-1907
Contract
(1907)ILR29All730
It is dismissed. The parties will have their proportionate costs in all Courts. Act No. IX of 1872 (Indian Contract Act), Sections 198, 211 and 216 - Principal and agent--Ratification--Suit for adjustment of accounts--Two appellate decrees in similar terms--Appeal … the market rate, nor did he know until November 1902, that the defendants were selling their own goods. Section 198 of Act No. IX of 1872 provides that there can be no valid ratification until after knowledge of
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