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Muralidhar Chatterjee Vs. International Film Company Limited.

Court : Mumbai

Subject : Contract

Reported in : (1944)46BOMLR178

the contract and the defendants were justified in rescinding it, the plaintiff had, under Section 64 of the Indian Contract Act, 1872, a good claim for refund of the sum of Rs. 4,000 paid on account. The learned Judge accepted

Shri Hanuman Cotton Mills and ors. Vs. Tata Air Craft Limited

Court : Supreme Court of India

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 64, 73 and 74

Reported in : AIR1970SC1986; 1970MPLJ74(SC); (1969)3SCC522; [1970]3SCR127

fails and is dismissed with costs. Contract - breach of contract - Sections 64, 73 and 74 of Indian Contract Act, 1872 - appellants entered in contract for sale of area-scrap with respondent - earnest money deposited - contract repudiated … us earlier, is earnest money and therefore the above decision does not apply.38. Mr. Maheshwari finally urged that Section 64 of the Contract Act may apply and he also relied1 on the decision of the Judicial Committee in

Rama Rao and Another Vs. Bashu Khan Saheb and Two Others

Court : Chennai

Subject : Contract

Acts : Code of civil procedure, 1908 -- Order 2, Rule 3 and 4; Indian Contract Act, 1872 -- Sections 64, 74; Sale of Goods Act, 1893 -- Sections 4(1)

Reported in : 1998(2)CTC363; (1998)IIIMLJ605

However, there will be no order as to costs. Contract - damages - Sections 64 and 74 of Indian Contract Act, 1872 - A suit for damages and charge on property - suit on account of sale of property to … referred to the distinguished Muralidhar Chatterjee v. International Film Co., Ltd and held that restoration of benefit under Section 64 of the Contract Act would arise only when there was no breach on the part of the person

Koyana Suryanarayana Reddy Vs. C. Chellayyamma

Court : Andhra Pradesh

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 55 and 64; Specific Relief Act, 1963 - Sections 9

Reported in : AIR1989AP276

issuing a notice requiring the contract to be performed in a reasonable time. Vide Section 55 of the Indian Contract Act, 9 of 1872. In this case, whatever might be the original intention of the parties and without detaining … does not automatically get determined. He has to further expressly or in unambiguous words determine the contract under Section 64 of the Contract Act. It is not in dispute that subsequent to Exhibit A-5, the 1st defendant did

V.D. Swami and Co. (P.) Ltd. Vs. Southern Switchgear Ltd.

Court : Chennai

Subject : Company

Acts : Companies Act, 1956 - Sections 294, 294(1), 294(2) and 294(2A); Indian Contract Act, 1872 - Sections 64 and 65

Reported in : [1995]84CompCas932(Mad); (1993)IMLJ483

appeal will be refunded in accordance with law. Company - force majeure clause - Companies Act, 1956 and Indian Contract Act, 1872 - agreement executed between plaintiff and defendant - plaintiff appointed as sole agent for export of product - … Principles of the English Law of Contract, page 346.' 14. In the Indian Contract Act, we have in section 64, the consequences of rescission of a voidable contract and in section 65, the obligation of persons who have

The Oriental Insurance Co. Ltd. Vs. Smt. Rukminibai and Others

Court : Karnataka

Subject : Insurance

Acts : Insurance Act, 1938 - Sections 64 VB; Indian Contract Act, 1872 - Sections 2A, 3 and 9; Motor Vehicles Act, 1939 - Sections 110-D

Reported in : 1994ACJ811; AIR1995Kant18; ILR1994KAR861; 1994(2)KarLJ138

seen that like all contracts, a contract of insurance is governed by the general law of contract. Though Indian Contract Act, 1872 (Act 9/72 Central Act) does not deal with the rights and liabilities arising out of a contract between … completed contract between the Insurer and the Insured as required by Section 64VB of the Insurance Act, the Court cannot act upon the cover note, … Area, Bangalore City, in M.V.C. 1585/88 on 13-8-1990, has come up before this Court, in these Appeals under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter called the 'Act').2. The appellant has sought for setting aside

Commissioner of Income-tax Vs. P.M. Paily Pillai

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 64

Reported in : [1972]86ITR516(Ker)

that the document is for adequate consideration. The relevant part of this judgment reads thus:'Section 25(1) of the Indian Contract Act, 1872, provides that an agreement made without consideration is void, unless it is expressed in writing and registered under … holding that the deed does not evidence a transfer otherwise than for adequate consideration within the meaning of Section 64(iv) of the Income-tax Act ?'2. The year of assessment is 1964-65 relating to the accounting period that ended

National Insurance Co. Ltd. Vs. Deivanai and ors.

Court : Chennai

Subject : Insurance

Acts : Insurance Act - Sections 64, 64(1) and 64(2); Indian Contract Act, 1872

Reported in : AIR2009Mad124

time of the policy, after referring to various decisions. Finally the Division Bench has held as follows:11. The Indian Contract Act, 1872 covers the relationship between the parties to an insurance contract generally except in regard to some of its … reference to the particulars available in the oral evidence on record and it reached a conclusion that under Section 64(b) of the Insurance Act, the Insurance Company has to be held liable since on 2.3.1992 itself the

Cultor Food Science Inc. Vs. Nicholas Piramal India Limited and ors.

Court : Andhra Pradesh

Subject : ArbitrationContract

Acts : Arbitration and Conciliation Act, 1996 - Sections 2(4) and (5), 11, 11(9), 16, 45 and 85; Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 39, Rules 1 and 2; Indian Contract Act, 1872 - Sections 19, 28, 29 and 64; Specific Relief Act, 1963 - Sections 27, 37, 38 and 41; Arbitration Act, 1940 - Sections 32 and 33; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3; Specific Relief Act, 1877 - Sections 56; Indian Companies Act; Constitution of India - Articles 133, 134-A and 227

Reported in : 2002(1)ALD154

policy. (ii) Civil - injunction - Order 39 Rules 1 and 2 and Sections 28 and 64 of Indian Contract Act, 1872 - suit for injunction against institution of arbitration proceedings on basis of fraud granted by Trial Court - … the contention of the 1st respondent that the suit agreement was vitiated by fraud is accepted, as per Section 64 of the Contract Act, 1st respondent has to restore the benefit if any received by it from the

inbamathi Vs. Ramar,

Court : Chennai

Subject : Property

Acts : Indian Trusts Act, 1882 - Sections 63 and 64; Transfer of Property Act - Sections 41; Indian Contract Act, 1872 - Sections 108

Reported in : 2007(2)CTC116

a bona fide holder to whom they have passed in circulation, or shall be deemed to affect the Indian Contract Act, 1872 (9 of 1872), Section 108, or the liability of a person to whom a debt or charge is … the appellant submitted that the Courts below have committed an error of law in denying the benefits under Section 64 of the Indian Trusts Act, 1882 to the appellant as she has established that she is a bona