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Central Bureau of Investigation Vs. Bhupen Champaklal Dalal and Others

Court : Mumbai

Subject : Land Acquisition

the contract had been entered into and acts done by him as the principal in person under the Indian Contract Act, 1872. The legal effect of the acts of his business as the broker of the 5th to the 17th … Nos.5, 10 or 14. 3. The prosecution has charged each of the accused with having committed offences under Sections 120B, 409, 411, 420, 463, 465, 467 and 471 of the Indian Penal Code. There are separate charges … off criminal responsibility by executing a document in favour of a stooge. 48. Despite the admission of the execution of the power of attorney it

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 … his personal asset to the firm as his contribution to its capital cannot fall within the terms of Section 48. And as that provision is fundamental to the computation machinery incorporated in the scheme relating to the determination

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

Central Inland Water Transport Corporation Limited and anr. Vs. Brojo ...

Court : Supreme Court of India

Subject : Service

Acts : Companies Act, 1956 - Sections 617; Constitution of India - Articles 1, 4, 12, 13, 14, 15, 16, 17, 18, 19, 19(1), 23, 32, 36, 37, 38, 38(1), 39, 40, 41, 42, 47, 51, 51-A, 53(1), 68, 73, 131, 141, 152, 154, 154(1), 162, 226, 298, 308, 311, 311(2), 366, 367(1), 370 and 372; Indian Contract Act, 1872 - Sections 16(1), 16(2), 19, 19-A, 23 and 24; Code of Criminal Procedure (CrPC) , 1973 - Sections 19\7; Central Inland Water Transport Corporation Ltd. (Service, Discipline and Appeal) Rules, 1979 - Rules 9 and 11; Indian Penal Code (IPC), 1908 - Sections 21

Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC); [1986] 2 SCR 178; AIR 1986 SC 157; MANU/SC/0439/1986

Constitution? 2) Whether an unconscionable term in a contract of employment is void under Section 23 of the Indian Contract Act, 1872, as being opposed to public policy and, when such a term is contained in a contract of employment … of Article 370 of the Constitution read with the Constitution (Application to Jammu and Kashmir) Order, 1954 (CO. 48), set up a Constituent Assembly for the internal Constitution of the State and it had framed the Constitution

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 … but only intended to provide for prima facie proof of the particulars regarding the right as stated in Section 48. (Nav Sahitya Prakash v. Anand Kumar, AIR 1981 Allahabad 200).= (emphasis supplied)17.11 Section 13 of the Act provides

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 … but only intended to provide for prima facie proof of the particulars regarding the right as stated in Section 48. (Nav Sahitya Prakash v. Anand Kumar, AIR 1981 Allahabad 200).” (emphasis supplied)17.11 Section 13 of the Act provides

The State of Madras Vs. Gannon Dunkerley and Co., (Madras) Ltd.

Court : Supreme Court of India

Subject : Sales TaxContract

Acts : Sale of Goods Act, 1930 - Sections 4; Madras General Sales Tax Act, 1939 - Sections 2; Madras General Sales Tax (Amendment) Act, 1947; Government of India Act, 1935 - Sections 107; Indian Contract Act - Sections 1, 65, 75 and 77

Reported in : AIR1958SC560; (1958)IIMLJ66(SC); [1959]1SCR379; [1958]9STC353(SC)

goods is to be transferred.' 20. Coming to the Indian law on the subject, section 77 of the Indian Contract Act, 1872, defined 'sale' as 'the exchange of property for a price involving the transfer of ownership of the thing … respondents for the year 1949-1950, and it raises a question of considerable importance on the construction of Entry 48 in List II of Sch. VII to the Government of India Act, 1935, 'Taxes on the sale of

Nithiya Kalyani Timbers Vs. Board of Trustees of Madras Port

Court : Chennai

Subject : Customs

Acts : Major Port Trusts Act, 1963 - Sections 42, 43, 48, 49, 50, 52 and 53(2); Indian Ports Act; Indian Railways Act, 1890; Indian Contract Act, 1872 - Sections 151, 152 and 161; Major Port Trust Rules - Rule 13

Reported in : 2001(131)ELT24(Mad)

other provisions of this Act, be that of a bailee under Sections 151, 152 and 161 of the Indian Contract Act, 1872.(7) After any goods have been taken charge of and a receipt given for them under this section, … remove the goods only after the strike came to an end. But, the Port authorities levied charges under Section 48 of the Major Port Trusts Act, 1963 from 5-7-1979 to 25-7-1979 which worked out to a total amount

Harshad J. Shah and Another Vs. L.i.C. of India and Others

Court : Supreme Court of India

Subject : Contract

Acts : Life Insurance Corporation Act, 1956 - Sections 48(2); Indian Contract Act, 1872 - Sections 186, 187, 188 and 237; Constitution of India - Articles 12 and 14; Life Insurance Corporation (Amendment) Act, 1981

Reported in : AIR1997SC2459; [1997]89CompCas109(SC); (1997)2GLR1577; JT1997(4)SC505; RLW1997(2)SC189; 1997(3)SCALE423; (1997)5SCC64; [1997]3SCR617

92 to 94).15. The position is not very different in the law in India. Section 186 of the Indian Contract Act, 1872 lays down that the authority of an agent may be express on implied. An authority is said to … Life Insurance Corporation (Amendment) Act, 1981 (Act 1 of 1981), Clause (cc) was inserted in Sub-section (2) of Section 48 and as a result, role-making power was conferred on the Central Government to make rules providing agents of

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