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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 … and other connected matter Page 37 of 97 16.25 Reference was made to paragraph nos. 43, 44, 46, 47, 49 and 50 of the impugned judgment to submit that the impugned mark was rightly found to be

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 … and other connected matter Page 37 of 97 16.25 Reference was made to paragraph nos. 43, 44, 46, 47, 49 and 50 of the impugned judgment to submit that the impugned mark was rightly found to be

Centrotrade Minerals and Metal Inc. Vs. Hindustan Copper Limited

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 2(2), 2(3), 2(4), 2(5), 2(6), 2(7), 4, 7, 9, 11, 11(6), 12, 12(3), 13, 14(2), 16, 17, 28(2), 28(3), 30, 30(2), 30, 30(2), 31, 32, 32(1), 32(2), 33, 34, 34(2), 34(3), 35, 36, 37, 37(2), 37(3), 39, 40(1), 41, 42, 43, 44, 45, 46, 47, 48, 48(1), 48(2), 49, 51, 53, 54, 57(1) and 85; Defence of India Act, 1939 - Sections 19 and 19(1); Government of India Act, 1935 - Sections 220(3) and 299(2); Land Acquisition Act, 1894 - Sections 23(1); Arbitration Act, 1899; Arbitration Act, 1940 - Sections 7, 30, 34, 44 and 47; Arbitration (Protocol and Convention) Act, 1937; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 9; Limitation Act, 1963; Carriage of Goods by Sea Act, 1992; Contract Act, 1872 - Sections 23; Indian Coun

Reported in : 2006(3)ARBLR201(SC); JT2006(5)SC507; 2006(5)SCALE535; (2006)11SCC245

14 is opposed to public policy as it is violative of the Indian statutes. Section 23 of the Indian Contract Act, 1872 embodies the doctrine of public policy as evolved by the common law. It takes within its sweep transactions: … to take certain other steps short of dismissal where a party fails to comply with a peremptory order Section 47 to make awards on different issues. But Indian statute, i.e., the 1996 Act does not provide such "contracting

Sohan Pal, Munna Lal Vs. the East Indian Railway Company

Court : Allahabad

Subject : Contract

Reported in : (1922)ILR44All218

Act as that of a bailee for reward as defined in Sections 151, 152 and 161 of the Indian Contract Act of 1872. Those sections, of course, cannot be construed without first interpreting the contract of bailment as defined … the same published for general information. These rules purport to have been made under the power conferred by Section 47, Sub-section (1), Clause (f), of the Indian Railways Act (IX of 1890). One of them is in the

Pasl Wind Solutions Private Limited Vs. Ge Power Conversion India Priv ...

Court : Supreme Court of India

Subject : Arbitration

SCC61 which was applied in Sasan, found that a contract which is unlawful under section 23 of the Indian Contract Act 1872, because it breaches Indian public policy, would be void but that “merely because the arbitrators are situated in … which recommended amendments to the Arbitration Act, and particularly, the substitution of section 2(1)(e) and the explanation to section 47. He stressed the fact that both these amendments were necessary to ensure that it is the High Court

M/s Jade Garden Plot Owner's Association Vs. Smt. Bhagyalakshmi

Court : Karnataka

Subject : Land Acquisition

the chapters and sections of that Act which relate to contracts shall be taken as part of the Indian Contract Act, 1872. Therefore, the respondent in whose favor the appellant had executed an agreement for the sale of an - … the relevant portion of the judgment in para No.47, is extracted hereunder:- 47. There is no direct reference in Section 202, to the termination of … ADVOCATE FOR R7; SRI. M. JAGADEESH., ADVOCATE FOR R8 AND R9) THIS CIVIL REVISION PETITION IS FILED UNDER SECTION115OF THE CPC, 1908 PRAYING TO CALL FOR THE RECORDS IN O.S. NO.162 OF2008PENDING ON THE FILE OF III

Balaji Industries and anr. Vs. State Bank of India and ors.

Court : Madhya Pradesh

Subject : Contract

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 47 and 151; Indian Contract Act, 1872 - Sections 41

Reported in : [1998]94CompCas545(MP); 1997(2)MPLJ316

of the process of the court. In further pursuit, he has placed reliance on Section 41 of the Indian Contract Act, 1872, and on Union of India v. Gangabishan, AIR 1973 Cal 141. He has also stated that efforts for … to the Court of the District Judge, Indore) in Execution Case No. 71/84-A, thereby rejecting their objections under Section 47 read with Section 151 of the Code. Objections were preferred on the linchpin that the decree-holder bank has

Ge Capital Services India Vs. G. Neuromed Diagnostic Centre Pvt. Ltd.

Court : Delhi

Subject : Civil

Acts : Arbitration and Conciliation Act, 1996 - Sections 11(6); Indian Contract Act, 1872 - Sections 47, 48 and 49; Code of Civil Procedure (CPC) - Sections 20 - Order 37, Rule 3

Reported in : 2007(98)DRJ74

be specified at the time of making the contract, may be appointed later on, or may be implied. Indian Contract Act, 1872, Sections 47, 48 and 49 deal with the place of performance. So far as the stipulated place is … Services v. Surjit Singh Bhatia and Mr. Jaspal Kaur 2006 (89) DRJ 73. This was the petition under Section 11(6) of the Arbitration and Conciliation Act, 1996. The issue that arose for consideration before the Court was

Nagpur Nagarik Sahakari Bank Ltd. Vs. Union of India and anr.

Court : Andhra Pradesh

Subject : Company

Acts : Maharashtra Co-operative Societies Act - Sections 164; Indian Contract Act, 1872 - Sections 74, 124, 126, 128, 140, 141 and 145

Reported in : [1984]55CompCas677(AP)

shall be final and binding on the bank ....' Sections 124, 126, 128, 140 and 145 of the Indian Contract Act, 1872, read as under : '124. A contract by which one party promises to save the other from loss … the duties and obligations indicated in the said agreement shall be final and binding on the bank ....' Sections 124, 126, 128, 140 and 145 of the Indian Contract Act, 1872, read as under : '124. A … bank guarantee, the bank is liable for a sum not exceeding Rs. 47,325.75 if the second defendant failed to perform his part of the contract.

C. Bala Krishnaiah Vs. A. Kannaiah (Died) and ors.

Court : Andhra Pradesh

Subject : Contract

Acts : Limitation Act - Schedule - Article 137; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Indian Contract Act, 1872 - Sections 14, 16, 17, 19 and 19A; Code of Civil Procedure (CPC) , 1908 - Sections 47 - Order 23, Rule 3 and 3A - Order 23(3)

Reported in : 2007(2)ALD281; 2007(2)ALT477

fit to grant such adjournment. Explanation - An agreement or compromise which is void or voidable under the Indian Contract Act, 1872 (9of 1872), shall not be deemed to be lawful within the meaning of this rule.Another significant development is … ground that the compromise, on which the decree is based, was not lawful. It is almost akin to Section 47 C.P.C, which mandates that all the issues, relating to the execution of decree, must be resolved in the