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National Textile Corporation (Gujarat) Ltd. Vs. State Bank of India an ...

Court : Supreme Court of India

Subject : SICA

Acts : Industries (Development and Regulation) Act, 1951 - Sections 18(1); Sick Textile Undertakings (Nationalization) Act, 1974 - Sections 2, 2(1), 3, 3(7), 4, 5, 5(2), 5(3), 8, 17, 20, 21, 22, 27, 27(1) and 29; Sick Textile Undertakings (Taking Over of Management) Act, 1972; Indian Contract Act, 1872 - Sections 59, 60, 61, 128 and 134; Bihar Money Lending (Regulation of Transactions) Act, 1939 - Sections 2; Income Tax Act, 1961; Payment of Gratuity Act; Bombay Relief Undertaking (Special Provision) Act, 1958 - Sections 4(1)

Reported in : AIR2006SC2927; [2006]134CompCas164(SC); (2006)6CompLJ448(SC); JT2006(7)SC285; 2006(7)SCALE627

the same had nothing to do with the adjustment of accounts in terms of the provisions of the Indian Contract Act, 1872. Section 59 of the Indian Contract Act provides for application of payment where debt to be discharged is indicated. … the parties, we may notice some of the relevant provisions of the Act.Appointed day' had been defined in Section 2(1) of the Act to mean the '1st day of April, 1974.The term 'owner' has been defined in Section

Dai-ichi Karkaria Private Ltd., Bombay Vs. Oil and Natural Gas Commiss ...

Court : Mumbai

Subject : CommercialCustoms

Acts : 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

Reported in : 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 … is a statutory Corporation constituted under the provisions of the Oil and Natural Gas Commission Act, 1959. The 2nd defendant is a nationalised Bank.2. The plaintiff supplies Pour Point Depressant (PPD)/ Flow Improver to defendantNo. 1, which,

M/S. Raptakos Brett and Co. Ltd. Vs. Ganesh Property

Court : Supreme Court of India

Subject : Tenancy

Acts : Partnership Act, 1932 - Sections 56, 57, 58, 59 and 69(2); Transfer of Property Act - Sections 4, 5(1), 108, 111 and 116; Code of Civil Procedure (CPC) - Sections 80 - Order 7 Rules 11 and 13 - Order 23 Rule 1 - Order 40 Rule 1; Indian Arbitration Act, 1940 - Sections 8(2); Karnataka Cinemas (Regulation) Act - Rule 6; Indian Railways Act - Sections 77; Indian Contract Act, 1972; Indian Contract Act, 1872 - Sections 1; Companies Act, 1913 - Sections 171; Limitation Act, 1963

Reported in : 1998VIIAD(SC)37; AIR1998SC3085; (1999)1CALLT22(SC); 1999(1)CTC175; JT1998(6)SC289; 1998(5)SCALE195; (1998)7SCC184; [1998]Supp1SCR485

the Indian Contract Act, 1972. Our attention, in this connection, also was invited to Section 1 of the Indian Contract Act, 1872 which provides that :'nothing herein contained shall affect the provisions of any Statute, Act or Regulation not hereby … on the averments in the plaint, the suit can be said to have been barred Under Section 69 Sub-section (2) of the Partnership Act as that is the only bar which is relied upon by the learned senior

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

The Official Assignee of Madras Vs. the Mercantile Bank of India Ltd.

Court : Mumbai

Subject : Contract

Reported in : (1935)37BOMLR130

of the documents. The solution of the question depends on the true effect of Section 178 of the Indian Contract Act, 1872, as then in force; that section which has since been repealed by the Indian Contract (Amendment) Act, 1930, … to contracts. A railway receipt is now included in the definition of documents of title to goods in Section 2 (4) of the Indian Sale of Goods Act, 1930.8. The two questions which next arise on Section 178

Tirumani Venkata Narasamma and anr. Vs. Vodugu Mahalakshmi

Court : Andhra Pradesh

Subject : PropertyContract

Acts : Indian Contract Act, 1872 - Sections 2, 23 and 65; Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977 - Sections 3

Reported in : 2007(5)ALD285; 2007(6)ALT796

also the appellate Court. The Counsel also would submit that in the light of Section 65 of the Indian Contract Act, 1872, even if the transaction to be treated as void, the opposite party is bound to compensate the same … the Apex Court observed as hereunder:Section 65 makes a distinction between an agreement and a contract. According to Section 2 of the Contract Act, an agreement which is enforceable by law is a contract and an agreement which

Bharat Sarvodaya Mills Co. Ltd. Vs. Mohatta Brothers Overruled

Court : Gujarat

Subject : Civil

Acts : Partnership Act, 1932 - Sections 4, 30, 31(1), 31(2), 32, 32(3), 34, 39, 40, 41, 42, 43, 44, 58, 59, 60, 61, 62, 63, 63(1), 69(2) and 69(3); Code of Civil Procedure (CPC), 1908 - Sections 86 and 87B - Order 30, Rules 1, 1(1), 1(2), 2, 2(1), 2(2), 2(3) and 4; Indian Contract Act, 1872 - Sections 45 and 70; Constitution of India - Article 133(1)

Reported in : AIR1969Guj178; (1969)GLR457

equally by all the partners who are compromises and all of whom are under Section 45 of the Indian Contract Act, 1872, joined together in enforcing the promise against a third party promisor. The suit by a firm as we … is filed by the original defendant company while First Appeal No. 1029/60 is filed by the original plaintiff-firm. 2. The short facts which have given rise to these two appeals are as under:-- The plaintiff-firm is a

Airfoam Industries Pvt. Ltd. Vs. Union of India (Director-general of S ...

Court : Delhi

Subject : Arbitration

Acts : Indian Contract Act, 1872 - Sections 2; Arbitration Act, 1940 - Sections 20

Reported in : ILR1975Delhi420; 1973RLR116

be absolute and unqualified. The relevant principles have received statutory statement in Sections 2 and 7 of the Indian Contract Act, 1872, and are too well known to require restatement. Applying those principles, the conclusion I would reach is that … T.P.S. Chawla, J. (1) This is an application under Section 20 of the Arbitration Act. It was opposed by the respondent and on 6-8-1971, the following issues were

Binny Mill Labour Welfare House Building Co-operative Society Limited ...

Court : Karnataka

Subject : Contract

Acts : Karnataka Co-operative Societies Act, 1959 - Sections 125; Specific Relief Act, 1963 - Sections 31; Mysore Co-operative Societies Act, 1959 - Sections 18; Indian Contract Act, 1872 - Sections 2, 19, 23 and 24 to 30; Indian Registration Act, 1908 - Sections 47, 48 and 49; Transfer of Property Act, 1882 - Sections 54; Companies Act

Reported in : ILR2008KAR2245; 2009(2)KarLJ291; 200(3)KCCR1692; 2008(5)AIRKarR120; AIR2008NOC2774

have clear distinction between the legal terms such as valid, invalid, void and voidable.20. Section 2 of the Indian Contract Act, 1872, states that in what sense the aforesaid expressions are used in the Act. Section 2(h) states that an

i.B.P. Company Ltd. and ors. and Amarnath Singh Vs. Ramashish Prasad S ...

Court : Patna

Subject : Civil

Acts : Special Relief Act; Specific Relief Act, 1963 - Sections 10, 14, 14(1) and 41; Arbitration Act, 1940; Indian Contract Act, 1872 - Sections 2

at any contract, I would like to refer Section 2(a), (b), (e), (f), (g) and (h) of the Indian Contract Act, 1872.Section 2(a) runs as follows :-When one person signifies to another his willingness to do or to abstain from