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S.A. Zahir Hussain and Another Vs. T. Somasundaram

Court : Chennai

Subject : Education

miscellaneous petition if any is closed. Civil Procedure Code- Section 100 - Transfer of Property Act Section 53(A) Indian Contract Act, 1872 Section 2(b),(e),(h) Specific Relief Act Section 5, Section 6, Section 22 Code of Civil Procedure, 1908 Order 39 Rule

State of Haryana and ors. Vs. Ms Malik Traders

Court : Supreme Court of India

Subject : Contract

Acts : Indian Contract Act, 1872 - Section 5

with the view taken by the High court. It is true that as per Section 5 of the Indian Contract Act, 1872 (hereinafter referred to as the Act ), a proposal may be revoked at any time before the communication

Yanala Malleshwari and ors. Vs. Ananthula Sayamma and ors.

Court : Andhra Pradesh

Subject : Property

Acts : Indian Registration Act, 1908 - Sections 17 to 22, 17(1), 17(2), 23A, 32, 32A, 34, 35, 49, 58, 59, 60, 60(2), 61, 61(2), 69, 71, 72 and 77; Transfer of Property Act, 1882 - Sections 4, 5 to 34, 38 to 53A, 54 to 57, 59, 107, 123 and 126; Specific Relief Act, 1963 - Sections 13, 15, 17, 21, 31, 31(2), 33, 34 and 49; Indian Contract Act, 1872 - Sections 13, 14, 15, 16, 17, 18, 19, 20, 23, 25, 29 and 65; Evidence Act - Sections 73; Indian Stamp Act, 1899 - Sections 35; Specific Relief Act, 1877 - Sections 18, 34, 39 and 41; Indian Registration Act, 1866; Indian Registration Act, 1871; Indian Registration Act, 1877; Registration and Other Related Laws (Amendment) Act, 2001; West Bengal Land Reforms Act, 1955 - Sections 4B; Andhra Pradesh Stamp (Amendment) Act, 1922; General Clau

Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)

individual civil right to the buyer, if such sale is in accordance with entrenched common law principles. The Indian Contract Act, 1872, Specific Relief Act and Transfer of Property Act, essentially deal with, among others - the contract of sale. … - 34). Part-B deals with 'Transfer of immovable property' (Sections 38 to 53A). A transfer as defined by Section 5 of TP Act is conveyance of property by one living person to one or more living persons or

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 … to the public to subscribe for any shares in, or debentures or debenture stock of, the Corporation. Article 51 of the Articles of Association confers upon the President of India the power to issue from time to

National Textile Corporation (Gujarat) Ltd. Vs. State Bank of India an ...

Court : Supreme Court of India

Subject : SICA

Acts : Industries (Development and Regulation) Act, 1951 - Sections 18(1); Sick Textile Undertakings (Nationalization) Act, 1974 - Sections 2, 2(1), 3, 3(7), 4, 5, 5(2), 5(3), 8, 17, 20, 21, 22, 27, 27(1) and 29; Sick Textile Undertakings (Taking Over of Management) Act, 1972; Indian Contract Act, 1872 - Sections 59, 60, 61, 128 and 134; Bihar Money Lending (Regulation of Transactions) Act, 1939 - Sections 2; Income Tax Act, 1961; Payment of Gratuity Act; Bombay Relief Undertaking (Special Provision) Act, 1958 - Sections 4(1)

Reported in : AIR2006SC2927; [2006]134CompCas164(SC); (2006)6CompLJ448(SC); JT2006(7)SC285; 2006(7)SCALE627

the same had nothing to do with the adjustment of accounts in terms of the provisions of the Indian Contract Act, 1872. Section 59 of the Indian Contract Act provides for application of payment where debt to be discharged is indicated. … and interest of the owner in relation to every sick textile undertaking vested absolutely in the Central Government. Section 5 provides that every liability, other than the liability specified in Sub-section (2) thereof in respect of any period

Manohar S/O Rambhau Galghate Vs. Saraswati Co-operative Housing Societ ...

Court : Mumbai

Subject : Trusts and SocietiesContract

Acts : Maharashtra Co-operative Societies Act, 1961 - Sections 91; Co-operative Societies Act - Sections 97; Indian Contract Act, 1872 - Sections 5 to 7 and 200; Urban Land Ceiling Act; Constitution of India - Article 226

Reported in : 2005(3)ALLMR711; 2005(5)BomCR470; 2005(3)MhLj297

125-B was allotted to the petitioner. He further states that provisions of Sections 5 to 7 of the Indian Contract Act, 1872 also show that there was no notice of revocation to the petitioner if said letter dated 27-3-1989 is … present respondent No. 2, challenging the judgment of Co-operative Court, Nagpur in Dispute No. 56/1980. Said dispute under Section 91 of Maharashtra Co-operative Societies Act was preferred by present petitioner assailing the cancellation of allotment of plot

Sushila Bhiku Shinde Vs. Sulochana Baburao Bhoj

Court : Mumbai

Subject : Contract

Reported in : (1981)83BOMLR267; 1982MhLJ598

on any ground, either of public ethics or of law.13. A mere reference to Section 23 of the Indian Contract Act, 1872 by the Court without pleading and without issue can hardly subserve the basic rule that parties are free … been ruled out by referring to the judgment of the Rajasthan High Court in the case of Naraini v. B. Mohan .5. The narrow and yet important question, therefore, that falls for consideration is whether the trial

Prasad Film Laboratories Vs. G.V. Films Limited, Represented by Its Di ...

Court : Chennai

Subject : Civil

Reported in : 2005(2)CTC372

and 16 of the Specific Relief Act, 1963. He further contended that as per Section 170 of the Indian Contract Act, 1872, the appellant herein is entitled to lien over others. According to him, the plaintiff is not entitled to … by the appellant by filing a memo. We have considered all the relevant materials and the rival contentions. 5. In order to appreciate the rival contentions, it is useful to refer the interim arrangement made by the

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 … must look primarily to the law 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 part of the law of discharge … GGL is concerned, the admitted position is that M/s Guardian is holding 50% shareholding while MRL along with other Indian promoters is holding 50% shareholding

Her Highness Maharani Shantidevi P. Gaikwad Vs. Savjibai Haribai Patel ...

Court : Supreme Court of India

Subject : Property

Acts : Urban Land (Ceiling and Regulation) Act, 1976 - Sections 1, 2, 3, 4, 5, 6(1), 7, 8, 10A(1), 15, 21, 23, 39 and 42; Constitution of India - Articles 39, 249, 250 and 252; Indian Contract Act, 1872 - Sections 31 and 202; Bombay Town Planning Act, 1954; Gujarat Town Planning and Urban Development Act, 1976 - Sections 13 and 124(2); Urban Land (Ceiling and Regulation) Rules, 1977 - Rule 11-A; Specific Relief Act, 1963 - Sections 14(1); and 20; Mulla's Contract Act

Reported in : AIR2001SC1462; 2001(2)ALT37(SC); (2001)3GLR2097; JT2001(4)SC43; 2001(2)SCALE647; (2001)5SCC101; [2001]2SCR590

be terminated as it constitutes a contract of agency coupled with interest to which Section 202 of the Indian Contract Act, 1872 applies. Mr. Nariman, however, relying on clauses (17) and (4) of the agreement and Section 9 of the … in an urban agglomeration falling within category C specified in Schedule I is fixed at 1500 square meters. Section 5 prohibits certain transfers of vacant land. Section 5(3), inter alia, provides that transfer made in contravention of the