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Superintendent and Legal Remembrancer, State of West Bengal Vs. Corpor ...

Court : Supreme Court of India

Subject : Civil

Acts : Calcutta Municipal Act, 1951 - Sections Sections 115, 167(2), 218, 218(1), 512, 537, 541, 541(1), 541(2) and 547A; ;Constitution of India - Articles 25, 32, 136, 226, 298, 300, 372 and 544; Calcutta Municipal Act, 1923 - Sections 385(1), 386(1), 421 and 488; Common Law; Constitutional Law; Interpretation Act; Crown Proceedings Act; City of Bombay Municipal Act, 1888 - Sections 212, 222(1), 265, 305, 489 and 491; Indian Limitation Act, 1877 - Sections 26 - Schedule - Articles 167 and 178; City of Madras Municipal Act, 1884 - Sections 341; Government of India Act, 1935 - Sections 110, 208(1) and 225(1); Indian Contract Act, 1872 - Sections - 74; Specific Relief Act - Sections 9; Indian Registration Act, 1908 - Sections 17(2) and 90; Indian Easements Act - Sections 2; The Crown Grant

Reported in : AIR1967SC997; 1967CriLJ950; [1967]2SCR170

be bound unless the contrary is stated. Many Acts like the Code of Civil Procedure, 1908 and the Indian Contract Act 1872 make special provisions for the Government in respect of particular matters on the assumption that in respect of … in Schedule IV shall annually take out a licence before the prescribed date and pay the prescribed fee. Section 218 is in Ch. XIII. Under s. 541(1)(b) if any person exercises on or after the first day of

S.M.Mariyam Aysha Umma Vs Ashok Kumar

Court : Chennai

of the plaintiffs that the sale deed is void on the ground of fraud.35. Section 17 of the Indian Contract Act 1872 defines fraud, which is as follows:-“17. 'Fraud' defined.- 'Fraud' means and includes any of the following acts committed … new Door No. 41, Old Door No.21, previous Door No.18-B, Josier Street, Nungambakkam, Chennai, measuring one ground and 2185 sq.ft., with ground floor and first floor. In Schedule -B list of four documents have been given including

Bal Gangadhar Tilak Vs. Shri Shriniwas Pandit

Court : Mumbai

Subject : Family

Reported in : (1915)17BOMLR527

a valid exercise of the power.;A Court is precluded, both on general principles and by the Indian Evidence Act, 1872, Section 145, from treating the oral testimony of a witness as rebutted by statements in documents in evidence unless … Jenkins, in the case of Valubai Govind Kashinath I.L.R. (1889) 24 Bom 218 the decision being to the effect that among Brahmins in the Presidency … upon the transaction of the adoption itself, an attack in which the various grounds of rescission applicable to contracts in general were alluded to. Their Lordships hold that it is impossible to discover what it is that

N.A. Radha and Others Vs. State of Andhra Pradesh and Others

Court : Andhra Pradesh

Subject : ContractLimitation

Acts : Andhra Pradesh Revenue Recovery Act, 1864 - Sections 52-A; Limitation (Amendment) Act, 1963 - Sections 18; Indian Contract Act, 1872 - Sections 25(3) and 59; Constitution of India - Articles 62, 137 and 226; Limitation Act, 1908 - Sections 19

Reported in : 2000(2)ALD560; 2000(2)ALT484

dated 18-10-1988 constitutes an agreement in terms of Section 25(3) of the Contract Act.13. Section 25(3) of the Indian Contract Act, 1872 (for short 'the Contract Act') is in the following terms:'Section 25. Agreement without consideration void, unless it is

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 … 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

Shivram Govind Darshane Vs. Viswanath Govind Darshane

Court : Mumbai

Subject : Contract

Reported in : (1956)58BOMLR154

the plaintiffs were not seeking to enforce the original contract which was illegal under Section 23 of the Indian Contract Act, 1872, but they were calling upon, the defendant to render an account for the amount received by him, for … Gajendragadkar, J.1. This revisional application raises a short and interesting question of law under Section 23 read with Section 218 of the Indian Contract Act. The unfortunate incidents that followed the assassination of Gandhiji are ultimately the basis

Peter Philip Saldanha Vs. Anne Grace Saldanha

Court : Mumbai

Subject : Family

Reported in : (1930)32BOMLR17

The decision in this case depends upon the proper construction of Section 88 of the Indian Christian Marriage Act, 1872, which is in these terms:-Nothing in this Act shall be deemed to validate any marriage which the personal … more than 350 years. The relevant portion of the decree is as follows :-'Those who shall attempt to contract marriage otherwise than in the presence of the pastor (parochus), or of some other priest by permission of … v. Mallao (1860) 29 L.J.P. & M. 97 Lord Campbell at p. 218 said :-The objection to the validity of the marriage in England was

The Post Master General and Gangaram Vs. Chenmal Mayachand

Court : Mumbai

Subject : Civil

Reported in : (1941)43BOMLR758

and is void under Section 6(f), of the Transfer of Property Act, 1882, and Section 23 of the Indian Contract Act, 1872.;The principle of waiver does not apply to a statutory prohibition based on public policy.;Graham v. Ingleby (1848) 1 … Court has inherent power to consider such an application.;Shamu Patter v. Abdul Kadir Ravuthan (1912) L.R. 39 I.A. 218, s.c. 14 Bom. L.R. 1034, Prem Chand v. Mulkh Raj [1939] A.I.R. Lah. 380, Secy. of State v.

Kantilal Vasanji Chheda Vs. Vrajesh Kantilal Patel and Others

Court : Mumbai

Subject : Land Acquisition

the date of this judgment until the date of payment. 4. Order and decree accordingly. Indian Contract, Act, 1872,Sections 188, 196, 197, 211, 213, 214, 217 218; Limitation Act, 1963, Article 54, Article 58-Original Suit- Specific performance- … premise the simple and clear provisions relating to the law of agency in the Chapter X of the Indian Contract Act would become applicable to all the parties. The relevant legal provisions by which the Acts would be governed … relevant legal provisions by which the Acts would be governed would be Sections 188, 196, 197, 211, 213, 214, 217 and 218 which run thus:

Mrs. Chandramani Dubey and anr. Vs. Rama Shankar Dubey and ors.

Court : Allahabad

Subject : FamilyProperty

Acts : Indian Christian Marriage Act, 1872 - Sections 5 and 88; Hindu Law; Transfer of Property Act, 1882 - Sections 122

Reported in : AIR1951All529

died in 1927 and, it is no longer disputed, he went through the ceremony of marriage under the Indian Christian Marriage Act (XV [15] of 1872) with Mrs. Chandramani Dubey, a Christian by religion. A son, Udai … does not terminate the marriage : vide In re Millard, 10 Mad. 218, Thapita Peter v. Thapita Lakshmi, 17 Mad. 235 (F. B.), (at page … consider then in this background is whether, in the case of a marriage in which one of the contracting parties is a Christian any ceremony or ceremonies, and, if so, what, are required to be performed. The … to it were not Hindus, but such a marriage is governed, under Section 3 (g), Oudh Laws Act, by the principles of justice, equity and