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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

Rajeswari and Another Vs. Sri Buvaneswari Cycle Mart

Court : Chennai

Subject : Tenancy

Acts : Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 -- Sections 10 (2), 14, 15, 16, 17, 18, 23, 25, 27 and 151; Partnership Act, 1932 -- Sections 4, 19, 22; Code of Civil Procedure (CPC), 1908 -- Order 1, Rule 10 -- Order 6, Rule 17 -- Order 23, Rule 3 -- Order 30, Rule 1 and 4 and Order 41, Rule 22 and 27; Indian Contract Act, 1872 -- Sections 45

Reported in : 2000(1)CTC156

30, Rule 4 of the Code reads as follows:- ' Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872, where two or more person may sue or be sued in the name of a firm under the

Mathuradas Canji Matani Vs. Ebrahim Fazalbhoy

Court : Mumbai

Subject : Civil

Reported in : AIR1927Bom581; (1927)29BOMLR1296

I now come to the crux of the case, viz., Rule 4, This provides:-(1) Notwithstanding anything contained in Section 45 of the Indian Contract Act, 1872, where two or more persona may sue or be sued in the … 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

Mithoolal Nayak Vs. Life Insurance Corporation of India

Court : Supreme Court of India

Subject : Media and CommunicationInsurance

Acts : life Insurance Corporation Act, 1956; Insurance Act, 1938 - Sections 38 and 45; Indian Contract Act, 1872 - Sections 17, 19, 30, 64 and 65; Constitution of India - Article 133(1)

Reported in : AIR1962SC814; [1962]32CompCas177(SC); [1962]Supp2SCR571

words, there was a deliberate suppression fraudulently made by Mahajan Deolal. Fraud, according to s. 17 of the Indian Contract Act, 1872 (IX of 1872), means and includes Inter alia any of the following acts committed by a party to … was guilty of fraudulent suppression of material facts and the company was entitled to avoid the contract under Section 45 of the Insurance Act, 1938 - Moreover, the appellant was not entitled to a refund of the money

Commissioner of Gift-tax Vs. Sree Narayana Chandrika Trust Overruled

Court : Kerala

Subject : Direct Taxation

Acts : Gift-tax Act, 1958 - Sections 2, 16(1), 26(1), 45 and 48; Indian Contract Act, 1872 - Sections 2; Income-tax Act, 1961 - Sections 45 and 48

Reported in : [2001]248ITR275(Ker)

in the Act and, therefore, it must carry the meaning assigned to it in Section 2(d) of the Indian Contract Act, 1872. . , The above provision is no doubt subject to such qualifications or limitations as contained in the … fundamental to the computation machinery incorporated in the scheme relating to the determination of the charge provided in Section 45, such a case must be regarded as falling outside the scope of capital gains taxation altogether.' 7. Respectfully

Dr. M.i. Itty Vs. Kerala Financial Corporation,

Court : Kerala

Subject : BankingCompany

Acts : Companies Act, 1956 - Section 529A; ;Kerala Revenue Recovery Act, 1968 - Sections 7 and 34; ;Indian Contract Act, 1872 - Sections 2, 128, 134, 140 and 141; ;Kerala Agriculturists Debt Relief Act, 1958; ;Madras Agriculturists' Relief Act, 1938; ;Insolvency Act - Section 45; ;Sick Textile Undertakings (Nationalisation) Act, 1974 - Sections 5 and 29; ;Companies (Court) Rules, 1959 - Rules 164 and 179

appellant, a guarantor, cannot be held liable. Reliance was placed on Sections 128, 134 and 141 of the Indian Contract Act, 1872 in support of the said contention. The learned Counsel for the appellant also referred to and relied on … and not merely barred. In such a case the liability of the surety is pro tanto extinguished.'25. Significantly Section 45 of the Insolvency Act specifically provides that an order of discharge of the insolvent does not have the

M.V.V. Prasada Rao Vs. Municipal Council

Court : Andhra Pradesh

Subject : ContractCommercial

Acts : Andhra Pradesh Municipalities Act, 1965 - Sections 43, 43(3), 44, 45 and 289 ; Contract Act, 1872 - Sections 2, 65 and 70; Punjab Municipal Act, 1911 - Sections 18, 45, 47, 47(3) and 70; Madras District Municipalities Act, 1920 - Sections 69; Madras City Municipal Act, 1919 - Sections 81 and 81(3)

Reported in : 2005(5)ALD499; 2005(6)ALT165

Counsel also had drawn the attention of this Court to Section 65 and also Section 70 of the Indian Contract Act, 1872, and would maintain that Section 45 of the Act would not operate as a bar to maintain the

The Board of Trustees of the Port of Bombay and ors. Vs. M/S Sriyanesh ...

Court : Supreme Court of India

Subject : Commercial

Acts : Major Port Trusts Act, 1963 - Sections 2, 42, 43, 47, 48, 49, 59, 61, 68, 70, 71, 126 and 131; Indian Contract Act, 1872 - Sections 45, 151, 152, 161 and 171; Constitution of India - Articles 14, 19, 226, 265 and 300A; Arbitration and Conciliation Act, 1996; Indian Railways Act, 1890; Bills of Lading Act, 1856

Reported in : AIR1999SC2947; 1999(3)CTC91; 2000(69)ECC7; 1999(112)ELT373(SC); JT1999(5)SC172; 1999(4)SCALE318; (1999)7SCC359; [1999]3SCR1238; 1999(2)LC1472(SC)

inapplicable.(c) Section 68 of the MPT Act is important as it provides that notwithstanding the provisions contained in Section 45 of the Indian Contract Act, 1872 in case of Port Trust security payment would be made to joint … follows:The Board of Trustees of the Port of Bombay have been advised that under Section 171 of the Indian Contract Act, 1872, they have a general lien which they can exercise on the goods which came into their custody of

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 … Shin-Etsu Chemical Co. Ltd. (supra), the Supreme Court held that a finding regarding an arbitration agreement rendered under Section 45 of the Act would only be a prima facie finding and would not preclude a full examination at

C.E.S.C. Limited and ors. Vs. Subhash Chandra Bose and ors.

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Contract Act, 1872 - Sections 23, 182 and 184; Constitution of India - Articles 21, 39 and 226; Empolyed State Insurance Act, 1948 - Sections 2 and 2(9) India Electricity Rules, 1956 - Rules 36(2), 37, 45, 51, 64, 123(4) and 125(8); Indian Electricity Act, 1910 - Sections 3, 4, 18 and 20

Reported in : AIR1992SC573; 46(1992)DLT290(SC); JT1991(6)SC373; 1992LabIC332; (1992)ILLJ475SC; 1991(2)SCALE996; (1992)1SCC441; [1991]Supp2SCR267; 1992(1)LC111(SC)

link between the employee and the C.E.S.C. to the exclusion of the electrical contractor.19. Section 182 of the Indian Contract Act, 1872 defines 'agent' as a person employed to do any act or to represent another in dealing with third … thrashed by the Regional Director of the E.S.I.C., who on March 30, 1985, passed an order under Section 45-A of the Act holding that the C.E.S.C. was liable to pay Rs. 16,21,564.05 on account of contribution to