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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. … remedies of the true owner entitled to transfer but who has not done so, could be many. Under Section 38 of TP Act, a person who is authorized to transfer property only under specific conditions, but transfers the

Abdul Satar Jaji Ibrahim Vs. Shah Manilal Talakchand

Court : Gujarat

Subject : Property

Acts : Administration of Evacuee Property Act, 1950 - Sections 2, 40 and 46; Administration of Evacuee Property Ordinance, 1949 - Sections 23 and 38; Indian Contract Act, 1872 - Sections 11, 31 and 32; Specific Relief Act, 1877 - Sections 18, 21 and 22

Reported in : AIR1970Guj12

affected thereby, or (2) for an unlawful object or consideration within the meaning of Section 23 of the Indian Contract Act, 1872, or (3) to a person legally disqualified to be transferee. It would follow from this provision that if … Section 40 and 41 of the Administration of Evacuee Property Act (Act No. XXXI of 1950), or under Section 38 of the Ordinance No.XXVII of 1949 which was in force then. According to him, since it was an

S.K. JaIn Vs. State of Haryana and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 16, 31(1), 31(8) and 38; Indian Contract Act, 1872 - Sections 23 and 28; Rent Control Act; Constitution of India - Article 226

Reported in : JT2009(7)SC128; 2009(4)MhLJ719(SC); 2009(3)SCALE236; (2009)4SCC357; 2009AIRSCW1934; 2009(3)LHSC2031

view. It is also submitted that the contract is in conflict with Sections 23 and 28 of the Indian Contract Act, 1872 (in short the `Contract Act').5. Learned Counsel for the respondents on the other hand supported the judgment of … logic in it. It is balancing factor to prevent frivolous and inflated claims. INDIAN CONTRACT ACT (9 of 1872) Section 23: [Dr. Arijit Pasayat, V.S. Sirpurkar & Asok Kumar Ganguly, JJ] Arbitration agreement - Agreement clause providing for … (7) of Clause 25-A of the agreement was in conflict with the provisions of Section 31(8) read with Section 38 of the Act. It was submitted that the costs involved cannot be more than Rs. 20 crores and,

Jakson Engineers Pvt. Ltd. Vs. Delhi Development Authority and ors.

Court : Delhi

Subject : Property

Acts : Arbitration Act, 1940 - Sections 20 and 38; Indian Contract Act, 1872 - Sections 51 and 52; Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981; Specific Relief Act, 1963 - Sections 19; Limitation Act - Schedule - Article 54

Reported in : 2003VIIIAD(Delhi)461; 2004(1)CTLJ185(Del); 107(2003)DLT272

basis' . 24. In this behalf, learned counsel has referred to the provisions of Section 51 of The Indian Contract Act, 1872 ( hereinafter to be referred to as, `the said Act' ), which is as under :-' 51. Promisor … specific performance of the contract. 32. Learned counsel for the DDA has also referred to the provisions of Section 38 of the said Act, which is as under :-' 38. Effect of refusal to accept offer of performance.

Central Inland Water Transport Corporation Limited and anr. Vs. Brojo ...

Court : Supreme Court of India

Subject : Service

Acts : Companies Act, 1956 - Sections 617; Constitution of India - Articles 1, 4, 12, 13, 14, 15, 16, 17, 18, 19, 19(1), 23, 32, 36, 37, 38, 38(1), 39, 40, 41, 42, 47, 51, 51-A, 53(1), 68, 73, 131, 141, 152, 154, 154(1), 162, 226, 298, 308, 311, 311(2), 366, 367(1), 370 and 372; Indian Contract Act, 1872 - Sections 16(1), 16(2), 19, 19-A, 23 and 24; Code of Criminal Procedure (CrPC) , 1973 - Sections 19\7; Central Inland Water Transport Corporation Ltd. (Service, Discipline and Appeal) Rules, 1979 - Rules 9 and 11; Indian Penal Code (IPC), 1908 - Sections 21

Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC); [1986] 2 SCR 178; AIR 1986 SC 157; MANU/SC/0439/1986

Constitution? 2) Whether an unconscionable term in a contract of employment is void under Section 23 of the Indian Contract Act, 1872, as being opposed to public policy and, when such a term is contained in a contract of employment … or of any breach of any rules pertaining to service or conduct or non-performance of his duties. Rule 38 prescribes the procedure for imposing a major penalty and sets out in detail how a disciplinary inquiry is

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

Court : Supreme Court of India

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 … that it is not properly stamped, it should be impounded and dealt with in the manner specified in Section 38 of the Stamp Act. The court cannot act upon such a document or the arbitration clause therein. But

Raghunath Gopal Daftardar Vs. Sau, Vijaya Raghunath Daftardar

Court : Mumbai

Subject : Family

Acts : Hindu Marriage Act, 1955 - Sections 12(1) and 12(2); Indian Contract Act, 1872 - Sections 17

Reported in : AIR1972Bom132; (1971)73BOMLR840; ILR1972Bom511; 1972MhLJ110

the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872. Now, fraud is defined in Section 17 of the Indian Contract Act, 1872, which runs thus :- ' … of fraud is not ground for divorce under the Indian Divorce Act. In Bai Appibai v. Khimji Cooverji 38 Bom LR 77 : AIR 1936 Bom 138 this High Court has held that a fraudulent misrepresentation or

Shaik Mastan and ors. Vs. Karempudi Dharma Rao and ors.

Court : Andhra Pradesh

Subject : PropertyContract

Acts : Code of Civil Procedure (CPC) , 1908 - Order 38, Rule 12; Limitation Act, 1963 - Schedule - Article 21; Indian Penal Code (IPC), 1860; Andhra Pradesh Agriculture Indebtedness (Relief) Act, 1977; Stamp Act; Evidence Act, 1872 - Sections 92; Contract Act, 1872 - Sections 15; Negotiable Instruments Act - Sections 118; Urban Land Ceilings Act

Reported in : 2007(2)ALD643; 2007(4)ALT409

to show that either the deceased or the first defendant took such a plea. Section 15 of the Indian Contract Act, 1872, defines 'Coercion' as:committing, or threatening to commit, any act forbidden by the Indian Penal Code (XLV of 1860), … before judgment of a Lathe machine and agricultural produce belonging to the deceased. Since Rule 12 of Order 38 CPC prohibits attachment before judgment of the agricultural produce in possession of an agriculturist, deceased could have claimed

Modi Rubber Ltd. Vs. Guardian International Corp.

Court : Delhi

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 16 and 18; Companies Act, 1956 - Sections 82; Arbitration and Conciliation Act, 1996 - Sections 6, 6.1, 9, 11, 17, 18, 19 to 24, 25 and 36; Indian Contract Act, 1872 - Sections 27, 32, 39 and 56; Specific Relief Act, 1963 - Sections 10, 14, 14(1), 16, 21, 23, 41, 41(1) and 42; Arbitration Act, 1940 - Sections 18, 20 and 41; Code of Civil Procedure (CPC) , 1908 - Sections 148A - Order 38, Rule 5 - Order 39; LCIA Rules; Constitution of India - Articles 16 and 226

Reported in : 2007(2)ARBLR133(Delhi); 141(2007)DLT822

is not an abstract or nebulous concept. In India, it is statutorily recognised in Section 56 of the Indian Contract Act which relates to performance of a contract. Undoubtedly, frustration of contract is a class of circumstances under which … must look primarily to the law as embodied in Sections 32 and 56 of the Indian Contract Act, 1872.We hold, thereforee, that the doctrine of frustration is really an aspect or part of the law of discharge … v. Bartholomew and its earlier pronouncement reported in N.S. Golikari at page 389, the Apex Court emphasized that relief by way of interlocutory injunction is

insure Policy Plus Services (India) Pvt. Ltd., a Company Registered Un ...

Court : Mumbai

Subject : Insurance

Acts : Companies Act; Life Insurance Corporation Act, 1956 - Sections 3, 6, 9, 26, 28, 30, 43 and 43(1); Insurance Regulatory and Development Authority Act, 1999 - Sections 3; Insurance Act, 1938 - Sections 6, 24, 26, 30A, 37, 38, 38(1), 38(2), 38(4), 38(5), 38(7), 39, 39(4), 113 and 378; Indian Contract Act, 1872 - Sections 23 and 30; Public Debts Act; Transfer of Property Act, 1882 - Sections 3; Insurance Regulatory Act - Sections 43; Income Tax Act, 1971 - Sections 10(1) and 10(1OD); Gaming Act, 1892; Income Tax Act, 1961 - Sections 80DDA; Code of Civil Procedure (CPC) , 1908 - Sections 60; Constitution of India - Articles 12, 14 and 19(1)

Reported in : 2007(3)ALLMR462; 2007(3)BomCR98; (2007)109BOMLR559; [2007]79SCL583(Bom)

lives assured and such contracts are expressly declared to be null and void under Section 30 of the Indian Contract Act. The major distinguishing factor is risk of loss. In insurance, the assured is moved to effect a policy … assigned as minors cannot contract. Similarly the other policies cannot be assigned in view of the provisions of Contract Act 1872. The policy for handicapped dependents is governed by the provisions of Section 80DDA of the Income Tax Act, … The 1st petitioner understood that such business was legally permissible in India, by virtue of the provisions of Section 38 of the Insurance Act. Before commencing business the 1st petitioner had discussed with the 1st respondent who confirmed