Advanced Search Results

Mathuradas Canji Matani Vs. Ebrahim Fazalbhoy

Court : Mumbai

Subject : Civil

Reported in : AIR1927Bom581; (1927)29BOMLR1296

rule, it is necessary to refer to Sections 42, 43 and 45 of the Indian Contract Act of 1872. Section 42 is as follows:-When two or more persons have made a joint promise, then, unless a contrary intention appears … referred to in this respect.12. Turning next to the law of India, Sections 239 to 266 of the Indian Contract Act, 1872, deal with partnership. Section 253(10) provides that, in the absence of any contract to the contrary, partnerships are

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 … 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 at will under Section 43 or under Section 44 by Court.

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 … 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 … Section 41(e) of the Act a declaration or injunction to prevent its breach cannot be legally granted.148. However, Section 42 of the Specific Relief Act, 1963 carves out an exception to the above provision. This statutory provision provides

Gea Energy System India Ltd. Vs. Germanischer Lloyd Aktiengesellschaft

Court : Chennai

Subject : Company

Acts : 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)

Reported in : [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 … of interim injunction in the face of the negative covenant found in the joint venture agreement as per Section 42 of the Specific Relief Act. If the respondents are permitted to carry on similar business with the partnership

Daiichi Sankyo Company Limited vs.malvinder Mohan Singh and Ors

Court : Delhi

Subject : Land Acquisition

further pleaded that elements of active concealment are not made out in terms of section 17 of the Indian Contract Act, 1872 (hereinafter referred to as The Contract Act). Further, the respondent has suffered no loss direct or indirect as … award which contains decisions on matters submitted to arbitration may be enforced; or OMP (EFA) (COMM) 6/2016 Page 42 of 115 (d) the composition of the arbitral authority or the arbitral procedure was not in accordance with

Central Bank of India Vs. Keshaorao Narayanrao Patil

Court : Mumbai

Subject : Contract

Acts : Contract Act, 1872 - Sections 171

Reported in : II(2005)BC259; 2004(6)BomCR791; 2004(4)MhLj788

the arrears of rent is quite unauthorised and illegal. He contended that as per section 171 of the Indian Contract Act, 1872, (for short, the Contract Act) the defendant Bank has claimed lien and the Bank can make adjustment in … and the judgment and decree passed by the trial Court on 8-4-1988 directing the defendant to pay Rs. 42,000/- with interest @ Rs. 12% per annum from the date of the suit till realisation, was confirmed.2. Brief

Citi Bank N.A. Vs. Standard Chartered Bank and ors.

Court : Supreme Court of India

Subject : CommercialBanking

Acts : 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

Reported in : 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 … 1991, Citi Bank agreed to sell to SCB 11.5% GOI 2009 Bonds of the face value of Rs. 42 crores and Rs. 8 crores respectively against receipt of the purchase price paid by the SCB to the

Adai Mehra Production Pvt. Ltd. Vs. Sumeet P. Mehra and Another

Court : Mumbai

Subject : Arbitration

but the two are distinct and separate. The learned senior counsel placed reliance on Section 42 of the Indian Contract Act, 1872. Mr Amit Mehra is a director of the Petitioner makes no difference to the position in law and

Polaris Software Lab. Limited Rep. by Its Company Secretary Vs. Suren ...

Court : Chennai

Subject : Labour and IndustrialContract

Acts : Indian Contract Act, 1872 - Sections 27; Specific Relief Act, 1963 - Sections 42

Reported in : (2004)ILLJ323Mad; (2003)3MLJ557

the rights of the parties while parties go on trial. Contract - confidential information - Section 27 of Indian Contract Act, 1872 and Section 42 of Specific Relief Act, 1963 - plaintiff company engaged services of defendants which were terminated

A.S.K. Rathnaswamy Nadar and Co., Madras Vs. Trustees of the Port Trus ...

Court : Chennai

Subject : Civil

Acts : Major Port Trusts Act, 1913 - Sections 42; Indian Railways Act, 1890; Indian Contract Act, 1872 - Sections 151, 152 and 161

Reported in : AIR1997Mad255

other provisions of this Act, be that of a bailee under Sections 151, 152 and 161 of the Indian Contract Act, 1872.6. That being so, it is not possible to hold that the Circular, which enables a provision for … to the dates fixed by the Port Trust. In the event, it is not cleared, the provisions of Section 42 of the Major Port Trusts Act, 1963 (hereinafter refered to as 'the Act') will come into play and