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Penguin Maritime Ltd. Vs. Lee and Muirhead Ltd.

Court : Mumbai

Subject : Miscellaneous

principal is stated in Chapter X relating to agency and contained in Sections 211 to 221 of the Indian Contract Act, 1872. The relevant sections run thus : 211. Agent's duty in conducting principal's business. - An agent is bound … the plaintiff incurred loss by the defedant's acts, the defendant must make good such loss to the plaintiff (Section 211). 96. The defendant was expected to have the skill of an agent of the shipper, charterer and ship

Md. Nazeer Ahmed and anr. Vs. Economic Transport Organisation

Court : Andhra Pradesh

Subject : Contract

Acts : Andhra Pradesh Civil Courts (Amendment) Act, 1989; Contract Act, 1872 - Sections 126, 128, 129 and 211

Reported in : 2005(3)ALD527

of the agent not authorized to act in a particular manner. A reference to Section 211 of the Indian Contract Act, 1872 (the Act, for brevity) would be suffice to conclude that when an agent acts not in accordance with

Dinesh Vasantrai Bhuta Vs. Mrs. Vasantben Harvilas Jani

Court : Mumbai

Subject : Evidence

Acts : Bombay Rent Act, 1947 - Section 28; Indian Evidence Act, 1872 - Section 65, 90, 62, 63 (2), 64, 66, 92

this background, it is necessary to consider the provisions of Sections 62 to 66 of the Indian Evidence Act, 1872. Section 62 indicates as to what is the primary evidence. Section 63 indicates as to what is secondary evidence. … in respect of the aforesaid Leave and License Agreement, the Defendant contended that there was n privity of contract between the Plaintiff and the Defendant that the Plaintiff is neither the tenant or sub-tenant nor a Licensee … v/s. Govindbhai A. Bhatte and Others, reported in 1994(1) Bom. C. R. 21114 in paragraph 14 it was submitted that once the factum of the

K.R. Steelunion Limited, a Company Incorporated Under the Companies Ac ...

Court : Mumbai

Subject : CompanyTenancy

Acts : Companies Act, 1956 - Sections 446; Presidency Small Causes Court Act, 1882 - Sections 41; Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 - Sections 3(1), 13(1), 13(2) and 28; Maharashtra Rent Control Act, 1999 - Sections 3(1) and 33; Indian Contract Act, 1872; Transfer of Property Act, 1882 - Sections 106; Companies Act - Sections 210, 211, 446, 455 and 458; Super Profits Tax Act, 1963; Companies (Court) Rules, 1959 - Rules 117, 298 and 299

Reported in : 2007(3)BomCR821; 2007(4)MhLj280; [2007]76SCL108(Bom)

such licensees or tenants are not governed by Rent Act but they are subjected to the provisions of Indian Contract Act, 1872 and/or the Transfer of Property Act, 1882 or by other Laws other than Rent Law. 17. Learned Counsel … further submits that in view of the provisions of Section 210 and 211 of the Companies Act read with Rule 298 and 299 of the … V.C. Daga, J.1. The applicant has invoked the jurisdiction of this Court under Section 446 of the Companies Act, 1956 ('the Companies Act' for short), to seek leave to file and proceed

Reliance Broadcast Network Limited Vs. Raj Oil Mills Ltd.

Court : Mumbai

Subject : Land Acquisition

the agreement that Reliance sent ROML were, Mr. Jain said, only a proposal. Under section 7 of the Indian Contract Act, 1872, that proposal would result in a concluded contract only if the acceptance was absolute and unqualified. It was … five-judge decision of the Federal Court in JainarainRam Lundia v Surajmull Sagarmull and Ors. (AIR (36) 1949 FC 211)The claim in that case was for specific performance of an agreement of sale of shares in a company.

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, … [1895] A. C. 56, and the more recent case of David Allester, Ltd., In re [1922] 2 Ch. 211. In both these cases the limited purpose was in order that the goods should be realized by the

Sinclair Freight and Chartering Consultants Pvt. Ltd. Vs. Fiel Traders

Court : Kolkata

Subject : Commercial

Acts : Contract Act, 1872 - Sections 211, 212 and 214; ;Air Act, 1972

Reported in : AIR1987Cal201,1988(15)ECC207

of suit on ground of consignor having suffered on account of negligence of agent--Justified--Indian Contract Act (9 of 1872), Sections 211, 212, 214.--Carriage by Air Act (69 of 1972), Section 3(1); Schedule I, Rules 6(5), 8(k), (1), … that the air way-bill was not approved by the respondent. An agent is, under Section 211 of the Contract Act, bound to conduct the business of his principal according to directions given by the principal, or, in the

Re Connect Energy Trading vs M/S DCM Shriram Industries Ltd

Court : Delhi

Subject : Arbitration

compensate the Respondent/claimant for the said pecuniary loss. It referred to Sections 73, 211 and 212 of the Contract Act, 1872 [‘Act of 1872’] and the terms of the Trading Agreement executed between the parties to conclude that the … Appellant/RE Connect Energy Trading regarding sale of RECs made by the Appellant on behalf of the Respondent at Indian Energy Exchange [‘IEX’] platform on 25.04.2018 in terms of two agreements, both dated 18.12.2013 executed between the Appellant … MANMEET PRITAM SINGH ARORAMANMEET PRITAM SINGH ARORA, J. (ORAL)1. This appeal under Section 37(1)(c) of the Arbitration andConciliation Act, 1996 [‘the Act’] lays a challenge

Scod 18 Networking Pvt. Ltd. Vs. Sahara Sanchar Ltd. and Another

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Subject : Service Tax

contract, if any, between the parties? Agency Issue : ‘Agency’ is dealt with in Chapter X of the Indian Contract Act 1872, being Sections 211 to 238. An agent has certain duties towards its principal. It has a duty in … appearing on behalf of the respondent No. 2, submitted :- a) Having regard to the provisions contained in Section 230 of the Indian Contract Act, an ‘Agent’ cannot be sued in his individual capacity. b) The respondent

Jaiswal Coal Co. Vs. Fatehganj Co-operative Marketing Society Ltd.

Court : Kolkata

Subject : Civil

Acts : Calcutta High Court (Original Side) Rules - Rules 89, 90, 91, and 92; ;Code of Civil Procedure (CPC) , 1908 - Section 75 - Order 26, Rules 11, 12 and 18; ;Contract Act, 1872 - Sections 216 and 217

Reported in : AIR1975Cal303

English Law and the Indian Law. (As to Indian Law see Sections 211, 213 and 216 of the Indian Contract Act, 1872) 65. But can the Court issue commission and ask the Commissioner or Special Referee to enquire into secret … examine accounts. Examination of accounts is not synonymous with examination of 'books of accounts.' Mr. Gupta referred to Section 211 of the Indian Contract Act and submitted that an agent is bound to conduct the business of his