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Aug 29 2016

M/s. Stellar Information Technology Private Ltd Vs. Rakesh Kumar and O ...

Court : Delhi

Decided on : Aug-29-2016

Subject : Right to Information

In view of the aforesaid, the application is dismissed and the interim order passed on 08.06.2016 is vacated. Indian Contract Act, 1872 Section 27 Ad interim Injunction Plaintiff prayed to pass ex-parte ad interim injunction Order thereby restraining Defendant, from using

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Nov 08 1943

State of Gondal Vs. Govindram Seksaria

Court : Mumbai

Decided on : Nov-08-1943

Subject : PropertyContract

Reported in : (1944)46BOMLR822

and having regard to Section 55 of the Transfer of Property Act, 1882, and Section 69 of the Indian Contract Act, 1872, to which I will presently refer.12. The whole of the purchase price being paid, plaintiff No. 1 was … the City of Bombay Municipal Act, 1888, in that group of sections commencing with Section 139 ending with Section 219. The plaintiff-company would have had to establish, in the first instance, that under Section 146 the trustees were

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Sep 23 2008

Roshanlal S. JaIn and ors. (Aop) Vs. Deputy Commissioner of Income Tax ...

Court : Gujarat

Decided on : Sep-23-2008

Subject : Direct Taxation

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 300; Constitution of India - Articles 14 and 20(2); Income Tax Act, 1961 - Sections 2, 2(1), 3, 4, 139, 140A, 142, 143, 144, 190, 207, 208 to 219, 234A, 234B and 234C; Indian Contract Act, 1872 - Sections 59 to 61

Reported in : (2008)220CTR(Guj)38; [2009]309ITR174(Guj); [2009]176TAXMAN95(Guj)

the Constitution.7.5 An incidental contention was also raised based on provisions of Sections 59 - 61 of the Indian Contract Act, 1872 to submit that the respondent authority had erred in law in not treating the amount of tax paid … during any financial year in accordance with provisions of Sections 208 - 219 in respect of total income of the assessee which would be chargeable … three assessment years under consideration as bad in law to the extent there is an overcharging of interest;(ii) Section 234A of the IT Act, 1961 (the Act) is ultra vires to the extent the said section provides

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Jul 27 1976

Kamarbai and ors. Vs. Badrinarayan and anr.

Court : Mumbai

Decided on : Jul-27-1976

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 6; Indian Contract Act, 1872 - Sections 2 and 23; Specific Relief Act, 1963 - Sections 27, 27(2), 28, 31 and 34; Trusts Act, 1882 - Sections 84; Criminal Law

Reported in : AIR1977Bom228; (1976)78BOMLR579; 1977MhLJ115

if the sale-deed is for an unlawful object or consideration within the meaning of Section 23 of the Indian Contract Act, 1872, the sale would be void.79. The effect of these sections on transfers tainted by sexual immorality was considered … binding if made under seal, unenforceable if by parol.' 76. In P.S. Atiyah's Law of Contract, at page 219, we find the following observations:--'It must not be thought that illegality in the law of contract is conterminous

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Feb 29 1960

B.R. Herman and Mohatta (India) Ltd. Vs. Pran Ballav Majumdar

Court : Kolkata

Decided on : Feb-29-1960

Subject : Contract

Acts : Sale of Goods Act - Sections 31 and 35; ;Contract Act - Sections 73 and 74

Reported in : AIR1960Cal524,64CWN798

Act shows that it draws its descent from its old and forgotten parent in Section 93 of the Indian Contract Act, 1872 which read as follows -'In the absence of any special promise the seller of goods is not bound … for payment on arrival of the ship. That isillustrated by Fragano v. Long, (1825) 4 B and C 219. In spite of the express stipulation that three months' credit was to be given from the time of

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Feb 01 1967

Lajya Ram Vs. Jalil-ur Rehman and ors.

Court : Delhi

Decided on : Feb-01-1967

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 219

Reported in : 3(1967)DLT672

agree. The case questioned as to when the remuneration of agent was due under Section 219 of the Contract Act, 1872 - There was a presumption that subject to contract to the contrary became payable only after the performance

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Jan 11 2021

M/s N.n. Global Mercantile Private Limited Vs. M/s Indo Unique Flame L ...

Court : Supreme Court of India

Decided on : Jan-11-2021

Subject : Arbitration

which is voidable at the option of a party (as by way of illustration u/S. 19 of the Indian Contract Act, 1872) in paragraph 15 of the judgment, it was held that the invalidity which attaches itself to the main … Arb LR13 RRB Energy Ltd. v. Vestas Wind System & Ors., (2015) 219 DLT516 30 AIR1962SC406 [1962]. 3 SCR702 31 [1880]. 14 Ch. D471 40 … be maintained with respect to the enforcement of the Bank Guarantee. 1.7 Indo Unique filed an application under Section 8 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) in Civil (Commercial) Suit No.62 of 2017, seeking

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Aug 29 2011

Gtl Limited Vs. Ifci Ltd. and ors.

Court : Delhi

Decided on : Aug-29-2011

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Orders 39, 2 Rules 1, 2;Indian Contract Act, 1872 - Sections 176, 23

by the defendant No. 1 has to be in accordance with the law and principles envisaged under the Indian Contract Act, 1872. It is submitted that the illegal invocation of the pledge and consequently unilateral sale to itself tantamount to … was stated, sale of shares by the defendant No.1 is illegal, and such sale is in violation of Section 176 of the Contact Act, 1872 as no notice was given prior to the said sale. 18. It

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Apr 05 2010

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

Court : Kerala

Decided on : Apr-05-2010

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

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Dec 05 1991

Jayakunvar Manilal Shah Vs. Syndicate Bank

Court : Karnataka

Decided on : Dec-05-1991

Subject : Contract

Acts : Contract Act, 1872 - Sections 127 and 144; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 7 - Order 41, Rule 22

Reported in : ILR1992KAR1053; 1992(2)KarLJ583

and Ors. v. Kanhaiyalal Ors. ; (iv) , Gulam Hussain v. Faiyaz Ali Khan;24. Section 127 of the Indian Contract Act, 1872 ('the Act' for short) reads thus:-'127. CONSIDERATION FOR GUARANTEE. - Anything done, or any promise made, for the … of defendant No. 3 who are numbered as defendants 3(A) and 3(B) and defendants 4 and 5. R.F.A.No. 219/1991 is preferred by defendant Nos. 1, 2 and 6 to 9, The first respondent in both the appeals

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