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Citibank N.A. Vs. Standard Chartered Bank
Supreme Court of India
Jul-07-2004
BankingCommercial
Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992; Indian Contract Act - Sections 41, 62 and 63; Evidence Act, 1872 - Sections 114; Constitution of India - Article 142
III(2004)BC531; 2004(6)BomCR74; [2004]121CompCas491(SC); (2004)3CompLJ129(SC); JT2004(5)SC280; 2004(6)SCALE165; (2004)6SCC1; [2004]53SCL518(SC); 2005(1)LC60(SC)
dismissed as such. Banking - Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Indian Contract Act - Sections 41, 62 and 63 - Evidence Act, 1872 - Section 114 - Banker receipt - Citibank
Tag this Judgment! AI Brief & AskUnion of India (Uoi) Vs. Raman Iron Foundry Overruled
Supreme Court of India
Mar-12-1974
Arbitration
Arbitration Act, 1940 - Sections 41; Transfer of Property Act - Sections 6; Indian Contract Act, 1872 - Sections 74
AIR1974SC1265; (1974)2SCC231; [1974]3SCR556; MANU/SC/0005/1974
of the respondent all throughout. Arbitration - interpretation - Section 41 of Arbitration Act, 1940, Section 74 of Indian Contract Act, 1872, Section 6 of Transfer of Property Act and Indian Law - interpretation of Clause 18 of General Conditions of
Tag this Judgment! AI Brief & AskBharat Sarvodaya Mills Co. Ltd. Vs. Mohatta Brothers Overruled
Gujarat
Apr-01-1968
Civil
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)
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 … in accordance with the contract between the partners. There may be a compulsory dissolution of a firm under Section 41 or on the happening of certain contingencies as under Section 42 or a dissolution by notice of partnership
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Pranab Kumar Pal Vs. Ltz. Investment Pvt. Ltd. and ors.
Supreme Court of India
Apr-20-2009
CompanyContract
Companies Act, 1956 - Sections 235, 237, 398, 402 and 403; Indian Contract Act, 1872 - Sections 27; Specific Relief Act, 1963 - Sections 14 and 41
2009BusLR406(SC); JT2009(14)SC319; 2009(6)SCALE779; (2009)6SCC689; 2009(4)LC1881(SC)
which is completely antithetical to the freedom of employment of an individual enshrined in Section 27 of the Indian Contract Act, 1872 (in short `Contract Act') read with Section 14 and Section 41 of the Specific Relief Act, 1963 (in
Tag this Judgment! AI Brief & AskV. Sadasivan and 36 Others Vs. Binny Limited Represented by Its Chairm ...
Chennai
Dec-02-1997
Labour and industrial
Constitution of India, Articles 8, 12, 14, 21, 39, 41 and 226 -- Constitution of India -- Article 12 -- Rule 9(1) Indian Contract Act, 1872 -- Sections 23; Industrial Disputes Act, 1947 -- Sections 2, 12(3), 18(1), 25-F, 25-N, 25-O, 25J and 25II Companies Act, Sections 617; Indian Tourism Development Corporation (Conduct, Discipline and Appeal) Rules 1878 -- Rule 31 (v)
1998(1)CTC1; [1998(79)FLR97]
service - Articles 8, 12, 14, 21, 39, 41 and 226 of Constitution of India, Section 23 of Indian Contract Act, 1872, Sections 2, 12 (3), 18 (1), 25-F, 25-N, 25-O, 25-J and 25-I of Industrial Disputes Act, 1947, Section
Tag this Judgment! AI Brief & AskGea Energy System India Ltd. Vs. Germanischer Lloyd Aktiengesellschaft
Chennai
Feb-27-2007
Company
Indian Contract Act, 1872 - Sections 27; Specific Relief Act, 1963 - Sections 14, 41 and 42; Companies Act, 1956; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2; Companies Regulation - Regulation 73(2)
[2009]149CompCas689(Mad)
to take cognisance of such a merger that had taken place behind their back.19. Section 27 of the Indian Contract Act, 1872, reads as follows:27. Agreement in restraint of trade void.--Every agreement by which anyone is restrained from exercising a … venture business, the respondent-company also will have to share 50 per cent. loss. To invoke the provisions under Section 41 of the Specific Relief Act, the joint venture agreement should be in vogue. But, here, in this case,
Tag this Judgment! AI Brief & AskSorabji Hormusha Joshi and Co. Vs. V.M. Ismail and anr.
Chennai
Nov-18-1959
Commercial
Indian Contract Act, 1872; Sale of Goods Act, 1930 - Sections 13(1), 15, 16, 16(2), 41 and 471; English Sale of Goods Act, 1893; Uniform Sales Act; Indian Sale of Goods Act, 1953; Sale of Goods and Partnership Act, 1950; Sale of Goods Act (India and Pakistan), 1957;
AIR1960Mad520
both these points is the same in England, U. S. A. and India.(7) Before the passing of the Indian Contract Act, 1872, the rules of English law, including those in the Statute of Frauds were applied within the limits of … and Co. Ltd. (1920) 1 KB 850; Hardy and Co. v. Hillerns and Fowler (1923) 2 KB 490.(20) Section 41 of the Act gives the buyer a right to inspection and unless he has had an opportunity of
Tag this Judgment! AI Brief & AskCiti Bank N.A. Vs. Standard Chartered Bank and ors.
Supreme Court of India
Oct-08-2003
CommercialBanking
Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992; Indian Contract Act - Sections 41, 62 and 63; Constitution of India - Article 142; Evidence Act, 1872 - Sections 114
AIR2003SC4630; I(2004)BC211(SC); [2003]117CompCas554(SC); (2004)1CompLJ121(SC); 2004(2)CTC374; JT2003(10)SC597; 2003(8)SCALE364; (2004)1SCC12; [2003]47SCL582(SC); 2004(1)LC
light of these facts, let us now consider the effect of Section 41, 62 and 63 of the Indian Contract Act, 1872. The same are reproduced here under for ready reference:'41. Effect of accepting performance from third person. - When
Tag this Judgment! AI Brief & AskSai Baba Vs. Md. Kareem Khan
Andhra Pradesh
Sep-27-2002
ContractProperty
Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960; Special Relief Act - Sections 6; Rent Control Act - Sections 10; Indian Contract Act - Sections 17; Evidence Act,1872 - Sections 40, 41, 42 and 44; Constitution of India - Articles 133, 226 and 227; Code of Civil Procedure (CPC) - Sections 115
2003(3)ALD403
jurisdiction to evict them. 19. I will now deal with the aspect of fraud. Section 17 of the Indian Contract Act states that fraud means and includes the active concealment of a fact by a party having knowledge or … party to a proceeding can establish that any judgment, order or decree, which is relevant under Sections 40, 41 or 42 of the Act, was obtained by fraud or collusion. 20. The apex Court in S.P.CHENGALVARAYA NAIDU
Tag this Judgment! AI Brief & AskYanala Malleshwari and ors. Vs. Ananthula Sayamma and ors.
Andhra Pradesh
Oct-24-2006
Property
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
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 ground that the transferor (ostensible owner) was not authorized to make it. That is the purport of Section 41 of TP Act. Under Section 42 of TP Act, the transferor (seller) can always reserve power to revoke
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