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Gulbanu Razack Vs. Assistant Commissioner of Income-tax (investigation ...

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 80C, 80L, 132, 132(1), 132(4), 132(4A), 132(5), 132(7), 132(11), 132(12), 132B, 132B(3), 132B(4), 244A, 297 and 297(2); Interest Act, 1978 - Sections 4; ;Indian Contract Act, 1872- Sections 73

Reported in : [1990]186ITR226(AP)

297 and 297 (2) of Income-tax Act, 1961, Section 4 of Interest Act, 1978 and Section 73 of Indian Contract Act, 1872 - writ petition filed for direction to pay compensatory interest on the amount seized and refunded subsequently -

M/S. Raptakos Brett and Co. Ltd. Vs. Ganesh Property

Court : Supreme Court of India

Subject : Tenancy

Acts : Partnership Act, 1932 - Sections 56, 57, 58, 59 and 69(2); Transfer of Property Act - Sections 4, 5(1), 108, 111 and 116; Code of Civil Procedure (CPC) - Sections 80 - Order 7 Rules 11 and 13 - Order 23 Rule 1 - Order 40 Rule 1; Indian Arbitration Act, 1940 - Sections 8(2); Karnataka Cinemas (Regulation) Act - Rule 6; Indian Railways Act - Sections 77; Indian Contract Act, 1972; Indian Contract Act, 1872 - Sections 1; Companies Act, 1913 - Sections 171; Limitation Act, 1963

Reported in : 1998VIIAD(SC)37; AIR1998SC3085; (1999)1CALLT22(SC); 1999(1)CTC175; JT1998(6)SC289; 1998(5)SCALE195; (1998)7SCC184; [1998]Supp1SCR485

the Indian Contract Act, 1972. Our attention, in this connection, also was invited to Section 1 of the Indian Contract Act, 1872 which provides that :'nothing herein contained shall affect the provisions of any Statute, Act or Regulation not hereby … Act itself provides that it is subject to the contract or local usage to the contrary and that Section 4 of the Property Act lays down that chapters and sections of this Act which relate to contracts shall

Union of India (Uoi) Vs. Amar Singh

Court : Supreme Court of India

Subject : Commercial

Acts : Indian Limitation Act - Sections 19 - Schedule - Articles 30 and 31; Indian Railway Act, 1890 - Sections 77 and 80; Indian Contract Act, 1872 - Sections 148, 151, 152, 161 and 194

Reported in : AIR1960SC233; [1960]2SCR75

other provisions of the Act, be that of a bailee under s. 151, 152 and 161 of the Indian Contract Act, 1872. Section 148 of the Indian Contract Act defines 'bailment' thus : 'A 'bailment' is the delivery of goods by … a government camp. The respondent collected the goods of himself and of sixteen other officers, and on September 4, 1947 booked them at Quetta Railway Station to New Delhi by a passenger train as per parcel way

Govind NaraIn and Brothers Vs. Union of India

Court : Delhi

Subject : Commercial

Acts : Code of Civil Procedure (CPC), 1908 - Sections 80; Partnership Act; Indian Contract Act, 1872 - Sections 4

Reported in : 1993(27)DRJ134

its acceptance by the defendant and there was no concluded contract in terms of Section 4 of the Indian Contract Act, 1872. In support of his contention the learned counsel placed reliance on a judgment of Allahabad High Court reported

Suguna and K. Devi Vs. Vinod G. Nehemiah and ors.

Court : Chennai

Subject : Property

Acts : Indian Contract Act, 1872 - Sections 16, 16(2) and 16(3); Specific Relief Act, 1963 - Sections 34; Evidence Act - Sections 111 and 230A; Indian Trusts Act, 1882 - Sections 8; Code of Civil Procedure (CPC) - Order 6, Rules 2 and 4

Reported in : 2008(2)CTC433; 2008(2)CTLJ223(Mad); (2008)5MLJ167

undue influence and fraud played on, it was pointed out that with reference to Section 16(3) of the Indian Contract Act, 1872, the first appellant admitted that she maintained a fiduciary relationship with the deceased Nehemiah; as such, she was … O.S.A. No. 330 of 2007. The facts leading to the filing of the suits are as follows:Respondents-1 to 4 herein in this appeal filed a suit against the appellants in C.S. No. 153 of 2002 seeking a

Bharat Sarvodaya Mills Co. Ltd. Vs. Mohatta Brothers Overruled

Court : Gujarat

Subject : Civil

Acts : Partnership Act, 1932 - Sections 4, 30, 31(1), 31(2), 32, 32(3), 34, 39, 40, 41, 42, 43, 44, 58, 59, 60, 61, 62, 63, 63(1), 69(2) and 69(3); Code of Civil Procedure (CPC), 1908 - Sections 86 and 87B - Order 30, Rules 1, 1(1), 1(2), 2, 2(1), 2(2), 2(3) and 4; Indian Contract Act, 1872 - Sections 45 and 70; Constitution of India - Article 133(1)

Reported in : AIR1969Guj178; (1969)GLR457

equally by all the partners who are compromises and all of whom are under Section 45 of the Indian Contract Act, 1872, joined together in enforcing the promise against a third party promisor. The suit by a firm as we … term 'firm' and the nature of a suit by a firm, or in the name of a firm. Section 4 of the Act defines, partnership. It is the relation between persons who have agreed to share the profits

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 … this cheque on 29/12/64 were started from 1/1/65 onwards in Installments of Rs.10,000.00 per day on 1st, 2nd, 4th, 6th, 7th, 8th and 11/01/1965. On 2/1/65, infact, two cheques, one of Rs. 10,000.00 and another of Rs.

Percept D'Markr (India) Pvt. Ltd. Vs. Zaheer Khan and Anr.

Court : Supreme Court of India

Subject : ArbitrationContract

Acts : Indian Contract Act, 1872 - Sections 27; Companies Act, 1956; Arbitration and Conciliation Act, 1996 - Sections 9 and 36; Specific Relief Act, 1963 - Sections 14, 14(1), 41 and 42; Arbitration and Conciliation Rules

Reported in : AIR2006SC3426; 2006(2)ARBLR34(SC); 2006(2)AWC1869(SC); 2006(5)BomCR322; (2006)5CompLJ224(SC); 2006(1)CTLJ100(SC); (2006)4MLJ1695; 2006(3)SCALE324; (2006)4SCC227

(India) Pvt. Ltd. and the respondent No. 1 - Zaheer Khan is void under Section 27 of the Indian Contract Act, 1872 has been in restraint of trade. It was submitted by learned senior counsel for the appellant - Mr. … said agreement. The appellant, by its letter, clarified its position as regards its contention in paragraphs 3 and 4 of letter dated 15.09.2003 and further reiterated that if respondent No. 1 was at any time during or

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 … 1 P. M. The plaintiff submitted a tender in the standard form for several coupes, including coupe No. 4 in Block No. XIX before 1 P. M. on August 5. He offered to take up that particular

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 … open plots, the dwelling houses or flats are already acquired, to provide its members common amenities and services. Section 4 of the Act provides that a society, which has as its objects the promotion of the economic interests