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Ashok Mahansing Bajaj H.U.F. Vs. Elegant Pharmaceuticals Ltd. and Othe ...

Court : Mumbai

Subject : SICA

Acts : Code of Civil Procedure (CPC), 1908 - Order 37, Rules 2 and 3; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(2), 15, 16 and 22; Indian Contract Act, 1872 - Sections 17, 18, 25, 126, 127, 128, 140 and 141; Negotiable Instruments Act, 1881 - Sections 37; Industrial (Development and Regulations) Act, 1951; Companies Act, 1956

Reported in : 2000(2)ALLMR242; 2000(3)BomCR169; (2000)1BOMLR968; 2000(2)MhLj855

the said bill of exchange as principal debtors. 'Contract of guarantee' is defined under section 126 of the Indian Contract Act, 1872 and so also 'surety', 'principal debtor' and 'creditor' are defined in the said section. Section 126 of the … suit filed by the plaintiff for claim against the defendants jointly and severally has to be stayed under section 22 of S.I.C.A., 1985, since the 1st defendant is a sick company. It is also stated that so far

S.A. Zahir Hussain and Another Vs. T. Somasundaram

Court : Chennai

Subject : Education

miscellaneous petition if any is closed. Civil Procedure Code- Section 100 - Transfer of Property Act Section 53(A) Indian Contract Act, 1872 Section 2(b),(e),(h) Specific Relief Act Section 5, Section 6, Section 22 Code of Civil Procedure, 1908 Order 39 Rule

The Talmakiwadi Co-operative Housing Society Ltd. Vs. the Divisional J ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Maharashtra Co-operative Societies Act, 1960 - Sections 2(16), 4, 9, 13, 14, 17, 22(1), 23(1), 36, 72 and 166(2); Maharashtra Co-operative Societies Rules, 1961 - Rules 10 and 13(1); Constitution of India - Article 19(1); Co-operative Society Act, 1925; Indian Contract Act, 1872; Societies Registration Act, 1860; Bombay Co-operative Societies Act, 1925; Transfer of Property Act, 1882 - Sections 10; Andhra Pradesh Co-operative Societies Act, 1964; Hindi Sahitya Sammelan Act, 1962

Reported in : 1999(1)ALLMR389; 1999(1)BomCR393

directed, it has been provided that: (a) a person who is competent to enter into contract under the Indian Contract Act, 1872 would be eligible to become a member subject to his fulfilling certain requirements; (b) a minor or a … earlier correspondence and pointing out that the wording of bye-law No. 7 was 'contradictory to the provisions of section 22(1) of M.C.S. Act, 1960'. The Registrar observed that it was necessary and in the interest of the society

M/S. Asia Today Ltd. and ors. Vs. M/S. Mudra Communication Ltd. and an ...

Court : Mumbai

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 22; Indian Contract Act, 1872 - Sections 126 and 230; Code of Civil Procedure (CPC), 1908 - Order 37

Reported in : 2001(4)ALLMR111; (2001)3BOMLR273

of in the aforesaid terms. No costs. Sick Industrial Companies (Special Provisions) Act, 1985 - Section 22 - Indian Contract Act, 1872 - Section 126 - Recovery of money-Agreement for telecast of advertisements - Joint and several liability of the

M/S.Latif Estate Line India Ltd. Vs. Mrs. Hadeeja Ammal and ors.

Court : Chennai

Subject : Constitution

Acts : Constitution of India - Article 226; Registration Act - Sections 32-A, 17, 34, 22-A; Specific Relief Act, 1963 - Section 31; Tamil Nadu Bhoodan Yagna Act, 1958 - Section 3

Reported in : AIR2011Mad66(FB)

particularly, in a case of sale deed. In this context, we may refer to Section 62 of the Indian Contract Act, 1872 which provides that contract which need not be performed. By that provision, any novation, rescission and alteration of … Challenging registration of a unilaterally executed cancellation of a sale deed, a writ petition is maintainable under Article 226 of the Constitution of India. ii) A cancellation of a sale deed executed by mutual consent by all

Rajeswari and Another Vs. Sri Buvaneswari Cycle Mart

Court : Chennai

Subject : Tenancy

Acts : Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 -- Sections 10 (2), 14, 15, 16, 17, 18, 23, 25, 27 and 151; Partnership Act, 1932 -- Sections 4, 19, 22; Code of Civil Procedure (CPC), 1908 -- Order 1, Rule 10 -- Order 6, Rule 17 -- Order 23, Rule 3 -- Order 30, Rule 1 and 4 and Order 41, Rule 22 and 27; Indian Contract Act, 1872 -- Sections 45

Reported in : 2000(1)CTC156

30, Rule 4 of the Code reads as follows:- ' Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872, where two or more person may sue or be sued in the name of a firm under the … the Partnership Act'8. Section 19 of the Partnership Act, reads as follows:- ' Subject to the provisions of section 22, the act of a partner which is done to carry on, in the usual way, business of the

State Bank of India Vs. Punjab National Bank

Court : Delhi

Subject : Contract

Acts : Negotiable Instruments Act, 1881 - Sections 131; Indian Contract Act, 1872 - Sections 72

Reported in : I(1996)BC251; 57(1995)DLT55

plaintiff entitled to recover any amount from defendant no. 1 under the provisions of Section 72 of the Indian Contract Act, 1872 Ifso, to what amount is the plaintiff entitled and on what basis?2. Is the plaintiff entitled to the … suit having been withdrawn against defendants 2 to 9 and having been dismissed as such vide order dated 22/4/1988 of this Court). The allegations by the plaintiff are that the defendant No. 1 Bank (Punjab National Bank)

Commissioner of Income-tax Vs. Grand Enterprises

Court : Kerala

Subject : Direct Taxation

Acts : Abkari Act; Abkari Rules; Kerala Abkari Act - Sections 24 and 56; Foreign Liquor Rules - Rule 19; Indian Contract Act, 1872 - Sections 22 and 28; Income Tax Act

Reported in : [1999]235ITR594(Ker)

is no legal bar under Section 23 of the Contract Act, cannot be sustained. Section 23 of the Indian Contract Act, 1872, states that the consideration or object of an agreement is lawful, unless it is forbidden by law ;

Kadamba Sugar Industries Pvt. Ltd. and Others Vs. Devru Ganapathi Hedg ...

Court : Karnataka

Subject : Contract

Acts : Transfer of Property Act, 1882 - Sections 39, 47, 52, 62, 74, 75, 91, 92 and 100; Indian Contract Act, 1872 - Sections 69 and 140; Code of Civil Procedure (CPC), 1908 - Sections 11 and 244 - Order 1, Rule 10(6) - Order 2, Rule 1 - Order 21, Rule 2 - Order 22, Rule 10 - Order 34, Rules 4 and 5;

Reported in : AIR1993Kant288; ILR1993KAR679; 1993(1)KarLJ285

that the concept of subrogation can also be culled out from the provisions of S. 140 of the Indian Contract Act, 1872. Section 140 of the Indian Contract Act reads as under:'Rights of surety on payment or performance -- Where a … in the place of the Corporation Bank. The said application was purported to have been filed under Order 22, Rule 10, CPC. The said application was resisted by the instant appellants. In sum, it was contended by

Yanala Malleshwari and ors. Vs. Ananthula Sayamma and ors.

Court : Andhra Pradesh

Subject : Property

Acts : Indian Registration Act, 1908 - Sections 17 to 22, 17(1), 17(2), 23A, 32, 32A, 34, 35, 49, 58, 59, 60, 60(2), 61, 61(2), 69, 71, 72 and 77; Transfer of Property Act, 1882 - Sections 4, 5 to 34, 38 to 53A, 54 to 57, 59, 107, 123 and 126; Specific Relief Act, 1963 - Sections 13, 15, 17, 21, 31, 31(2), 33, 34 and 49; Indian Contract Act, 1872 - Sections 13, 14, 15, 16, 17, 18, 19, 20, 23, 25, 29 and 65; Evidence Act - Sections 73; Indian Stamp Act, 1899 - Sections 35; Specific Relief Act, 1877 - Sections 18, 34, 39 and 41; Indian Registration Act, 1866; Indian Registration Act, 1871; Indian Registration Act, 1877; Registration and Other Related Laws (Amendment) Act, 2001; West Bengal Land Reforms Act, 1955 - Sections 4B; Andhra Pradesh Stamp (Amendment) Act, 1922; General Clau

Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)

individual civil right to the buyer, if such sale is in accordance with entrenched common law principles. The Indian Contract Act, 1872, Specific Relief Act and Transfer of Property Act, essentially deal with, among others - the contract of sale. … the ambit of registration law and if a document does not fall under any of the categories in Sections 17 and 18 of the Registration Act, the registering officer is bound to refuse to admit the document … private law cannot be redressed in a public law remedy under Article 226 of Constitution of India. In all other writ petitions, the facts and