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Panchanan Dhara and ors. Vs. Monmatha Nath Maity (Dead) Thr. L.Rs. and ...

Court : Supreme Court of India

Subject : Company

Acts : Companies Act, 1956 - Sections 46 and 48; Code of Civil Procedure (CPC) - Sections 100(4); Limitation Act, 1963 - Schedule - Article 54; Indian Contract Act, 1872 - Sections 29, 31 and 63

Reported in : AIR2006SC2281; 2006(4)ALD18(SC); [2006]131CompCas577(SC); 2006(1)CTLJ403(SC); [2007(1)JCR226(SC)]; 2006(5)MhLj209; (2006)3MLJ81(SC); 2006MPLJ468(SC); 2006(6)SCALE34; (2006)5SCC340

18.04.1971 were found to be uncertain, the same would be void in terms of Section 29 of the Indian Contract Act. The learned Counsel would furthermore submit that having regard to the provisions of Sections 46 and 48 of … time for performance being extended, even though originally the agreement had a fixed date. Section 63 of the Contract Act, 1872 provides that every promise may extend time for the performance of the contract. Such an agreement to extend

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 … Civil Court has been barred by reason of Section 23 of the Ordinance as also by reason of Section 46 of the Act. It is, therefore, enough to observe that the property in question has to be treated

Lacoste vs Crocodile International Pte. Ltd. & Anr.

Court : Delhi

Subject : Intellectual Property

need to be <clear, specific, and mutually acknowledged= to be binding by relying on Section 4 of the Indian Contract Act, 1872, to contend that the letter dated 10.02.1989 (Ex. DW 1/24), even if considered a unilateral proposal, was accepted … slippers.332. Registration to be conclusive as to validity after seven years.Subject to the provisions of section 35 and section 46, in all legal proceedings relating to a trade mark registered in Part A of the register (including applications

Crocodile International Pte. Ltd. vs La Chemise Lacoste and Anr

Court : Delhi

Subject : Intellectual Property

need to be “clear, specific, and mutually acknowledged” to be binding by relying on Section 4 of the Indian Contract Act, 1872, to contend that the letter dated 10.02.1989 (Ex. DW 1/24), even if considered a unilateral proposal, was accepted … slippers.332. Registration to be conclusive as to validity after seven years.Subject to the provisions of section 35 and section 46, in all legal proceedings relating to a trade mark registered in Part A of the register (including applications

M/s. Mascon Multiservices and Consultants Pvt. Ltd. Vs. Bharat Oman Re ...

Court : Mumbai

Subject : Land Acquisition

making such a claim. Mr. Andhyarujina would argue that Clause 47 is void under Section 28(b) of the Indian Contract Act, 1872. Section 28 of the ICA runs thus: 28. Agreements in restraint of legal proceedings, void. - Every agreement, - … be charged for 10 weeks of delay. If the delay still further continued the engineer-in-charge may take action. 46. It is contended by the respondent that the work was delayed for more than 10 weeks. The respondent

Tulsidas Vithaldas Vs. the Union of India

Court : Gujarat

Subject : Civil

Acts : Railways Act, 1890 - Sections 72, 74-C(3) and 74-D; Evidence Act, 1872 - Sections 106 and 114; Indian Contract Act, 1872 - Sections 46

Reported in : AIR1967Guj130

74D of Railways Act, 1890, Sections 106 and 114 of Indian Evidence Act, 1872 and Section 46 of Indian Contract Act, 1872 - consignments dispatched by plaintiff through railways - goods damaged in transit and delivered after delay - suit

Raju Naidu Vs. M. Kolandaisamy and Another

Court : Chennai

Subject : Contract

Acts : Specific Relief Act, 1963 -- Sections 28; Indian Contract Act, 1872 -- Sections 46

Reported in : 1998(2)CTC585

No costs. Contract - specific performance - Section 28 of Specific Relief Act, 1963 and Section 46 of Indian Contract Act, 1872 - petition under Section 28 - decree for specific performance passed in favour of respondents - respondents not

Hindalco Industries Vs. Indian Farmers Fertilizers Cooperative Limited

Court : Delhi

Subject : Land Acquisition

the silence of 3 months after issuance of the letter dated 24th May 2000. Section 46 of the Indian Contract Act, 1872 (‘ICA’) required parties to perform their obligations within a reasonable time. Consequently the inexplicable silence of 3 months

Karsondas Kalidas Ghia Vs. Chhotalal Moti Chand

Court : Mumbai

Subject : Contract

Reported in : (1924)ILR48Bom259

be taken that no time for the performance was specified within the meaning of Section 46 of the Indian Contract Act: that is, the plaintiff's engagement had to be performed within a reasonable time. A subsidiary question, arises as … Rule 1--When time is not of the essence of the contract--Performance within reasonable time--Indian Contract Act (IX of 1872), Section 46. - [Couto; M.L. Pendse, JJ.] In the first instance the order passed under s. 132(5) is an order

Iti Limited Vs. Alphion Corporation

Court : Karnataka

Subject : Land Acquisition

extended meaning to morality, but concerns itself only with what is sexually reprehensible.’ In the book on the Indian Contract Act by Pollock and Mulla it is stated at p. 157: ‘The epithet “immoral” points, in legal usage, to … term “agreement” is not defined in the Arbitration Act, albeit it is defined in Section 10 of the Contract Act, 1872 (for short “the Contract Act”), [ “10. What agreements are contracts.-All agreements are contracts if they are made … 115 JDI (Clunet) 1206 (1988). See also Gary B. Born : - 46 - COM.S No.1 of 2022 International Commercial Arbitration, Vol. I, 2009, pp.