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Shiva Jute Baling Limited Vs. Hindley and Company Limited

Court : Supreme Court of India

Subject : ContractArbitration

Acts : Indian Contract Act, 1872 - Sections 73 and 74; Arbitration Act, 1940 - Sections 33 and 35; Arbitration (Protocol and Convention) Act, 1937 - Sections 7

Reported in : AIR1959SC1357; [1960]1SCR569

the arbitrators had purported to award such damages as could not be done under the provisions of the Indian Contract Act, 1872. Both these contentions were negatived by the learned Single Judge and he ordered the award to be filed … costs to the respondent. 15. Appeal dismissed. The case debated on whether the award made by arbitrators under Section 33 of the Arbitration Act, 1940, could be held invalid under provisions of Section 35 of the Act, where

M/S Versatile Commotrade Private Limited vs.smt Kesar Devi and Ors

Court : Delhi

Subject : Land Acquisition

Agreement to Sell would have to be analyzed and determined as per Section 73 and 74 of the Indian Contract Act, 1872. The law on this subject has been settled by the Constitution Bench decision of the Supreme Court in … the time of registration of Sale Deed.7. That the first party/ies assure that the sale is clear of section 33, 81 DLR ACT.8. That If the first party/ies fails to execute the Sale Papers/ Sale CS(OS) 143/2018 Page

The Secretary of State for India Vs. Bhaskar Krishnaji Samant

Court : Mumbai

Subject : Civil

Reported in : AIR1925Bom485; (1925)27BOMLR973

paid in case of a breach of the conditions thereof may, notwithstanding anything in Section 74 of the Indian Contract Act, 1872, be recovered from him in case of such breach as if it were an arrear of land-revenue.16. It … As we are both agreed that the cross-objections fail, they are dismissed with costs. (The italics are mine). 33. It is as well at this point to quote also Section 75 and Section 7 of the Indian

Smt. Khamarunnisa Vs. Mudalappa

Court : Karnataka

Subject : CivilContract

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100; Prevention of Fragmentation of Consolidation of Holding Act; Specific Relief Act, 1963 - Sections 21; Indian Contract Act, 1872 - Sections 73; Karnataka Stamp Act, 1957 - Sections 33 and 35; Limitation Act - Schedule - Article 113

Reported in : ILR2003KAR4535

awarded under this section, the Court shall be guided by the principles specified in Section 73 of the Indian Contract Act, 1872 (9 of 1872).(5) No compensation shall be awarded under this Section unless the plaintiff has claimed any such … being read in evidence on the ground that it was not duly stamped because in any event under Section 33 of the Stamp Act it is obligatory upon the Court to impound the document and recover duty and

M/s Jade Garden Plot Owner's Association Vs. Smt. Bhagyalakshmi

Court : Karnataka

Subject : Land Acquisition

the chapters and sections of that Act which relate to contracts shall be taken as part of the Indian Contract Act, 1872. Therefore, the respondent in whose favor the appellant had executed an agreement for the sale of an - … upon would indicate that the same is one coupled with interest, - 33 - NC:2024. KHC:43493 CRP No.88 of 2024 coming within the purview of … ADVOCATE FOR R7; SRI. M. JAGADEESH., ADVOCATE FOR R8 AND R9) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION115OF THE CPC, 1908 PRAYING TO CALL FOR THE RECORDS IN O.S. NO.162 OF2008PENDING ON THE FILE OF III

North Delhi Municipal Corporation & Anr. Vs.shish Pal

Court : Delhi

Subject : Land Acquisition

clause valid inasmuch as it would render a fundamental condition of contract being hit by provisions of the Indian Contract Act, 1872 (hereinafter, „Contract Act‟). Every contract, to be valid, has to have consideration and the indefinite postponement of consideration … orders cannot bind the contractors in these cases. Analysis of the Clauses 33. Clause 7 of the General Conditions of Contract deals with the payment … on 28th February, 2017 in the following terms: - Rs.13,45,705/- the parties, transaction between “28. In view of Section 3 of Interest Act, 1978, the plaintiff is held entitled to interest from the date 14.03.2016 (after expiry

News Today (P) Limited, T.V. Division Vs. S. Hari Prasad and ors.

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2(3), 5, 11, 11(5), 11(6), 11(6)(1), 11(7), 11(9), 16, 16(1), 16(6) and 34; Indian Contract Act, 1872 - Sections 23 and 27; Arbitration Act, 1940 - Sections 33; Constitution of India - Article 23

Reported in : 2009(4)ALT657

as below. Agreement between respondents and applicant is void because it is in contravention of Section 27 of Indian Contract Act, 1872, because it is against Article 23 of Constitution of India and because it is against public policy and … contract is null and void and renders ipso jure arbitral clause invalid. In 1940 Act, this is different. Section 33 thereof enables any party to an arbitration agreement to challenge existence or validity of an arbitration agreement, before

Jyotsna K. Valia Vs. T.S. Parekh and Co.

Court : Mumbai

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 2, 2(1), 7, 9, 10, 25, 25(3) and 70; Limitation Act - Sections 18 and 19; Bombay Stamp Act, 1958 - Sections 33, 34 and 37; Indian Stamp Act, 1899 - Sections 35; Central Sales Tax Act; Arbitration Act, 1940 - Sections 2; Sale of Goods Act; Marine Insurance Act; Specific Relief Act; Limitation Act, 1908 - Sections 19 - Schedule - Article 64; Code of Civil Procedure (CPC) , 1908 - Order 37, Rules 1, 2 and 2(2)

Reported in : 2007(4)ALLMR718; 2007(3)BomCR772; 2007(4)CTC257; 2007(4)MhLj517; 2007(5)AIRKarR180; AIR2007NOC2237(FB)(Bom)

expressions need to be considered. Let us first understand the expression 'Contract in Writing' Section 10 of the Indian Contract Act, 1872 as reproduced below sets out, what agreements are contracts:10. What agreements are contracts. All agreements are contracts if … summary suit is maintainable.On the aspect of the document being properly stamped, it is submitted that considering Sections 33 and 37 of the Bombay Stamp Act, in respect of the documents not sufficiently stamped, on paying the

Hindustan Aeronautics Limited, Rep. by Its Managing Director Vs. Compa ...

Court : Karnataka

Subject : ArbitrationContract

Acts : Indian Contract Act, 1872 - Sections 73; Arbitration Act, 1949 - Sections 30 and 33

Reported in : ILR2004KAR4268

the award as claim No. 11 is based on irrational and arbitrary findings, it calls for interference. ;(B) INDIAN CONTRACT ACT, 1872 - SECTION 73 - ARBITRATION ACT, 1940 - SECTIONS 30, 33 - Bars damages for remote or indirect

M.R. Sreedharan, Son of Ramakrishnan Vs. G. Gopi, S/O. Govinda Mannadi ...

Court : Kerala

Subject : Civil

Acts : Stamps Act - Sections 33 and 34; Indian Contract Act, 1872

Reported in : AIR2004Ker167

antecedent obligation or a pre-existing liability it would not normally become a bond. Agreement is defined in the Indian Contract Act 1872 to mean every promise and every set of promises, forming the consideration for each other. Essential features for … a bond or an agreement. The court below held it is a bond and impounded the document under Section 33 of the Stamps Act and ordered chat the plaintiff is at liberty to seek admission of the document