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Daiichi Sankyo Company Limited vs.malvinder Mohan Singh and Ors

Court : Delhi

Subject : Land Acquisition

further pleaded that elements of active concealment are not made out in terms of section 17 of the Indian Contract Act, 1872 (hereinafter referred to as The Contract Act). Further, the respondent has suffered no loss direct or indirect as … the plaintiff and the remedy of the plaintiff is to rescind the contract of employment in accordance with Section 66 of the Contract Act or to insist that the contract be performed and that the plaintiff be put

Siddhivinayak Realties Pvt. Ltd. Vs. V. Hotels Limited and Others

Court : Mumbai

Subject : Arbitration

being in default could not and did not arise. It is submitted that under Section 39 of the Indian Contract Act, 1872, there must be not only categorical refusal to perform by the promisor of his promise in entering but … ultimately. The learned senior counsel invited my attention to the findings rendered by the Arbitral Tribunal in para 66 of the impugned award in which it has been held that if the respondents have not proceeded with,

Thyssen Stahlunion Gmbh Vs. the Steel Authority of India

Court : Delhi

Subject : Contract

Acts : Arbitration Act - Sections 30; Indian Contract Act, 1872 - Sections 73

Reported in : 2002IIAD(Delhi)149; AIR2002Delhi255; 2002(1)ARBLR610(Delhi); 96(2002)DLT515

comes the issue of damages. The Arbitrator has adopted the principle by referring to Section 73 of the Indian Contract Act, 1872 which is as follows:- '73. When a contract has been broken, the party who suffers by such breach … in 1923 in Champsey Bhara and Co. v. Jivraj Balloo Spg. and Wvg. Co. Ltd. AIR 1923 PC 66 took a view which holds the field till date that the award will stand unless on the face

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 … that with regard to the fabrication of Ex.B3, the plaintiff had lodged a police complaint as against him. 66. With regard to Ex.B3 both the courts below have concurrently found that Ex.B3 alleged letter of undertaking dated

Adai Mehra Production Pvt. Ltd. Vs. Sumeet P. Mehra and Another

Court : Mumbai

Subject : Arbitration

but the two are distinct and separate. The learned senior counsel placed reliance on Section 42 of the Indian Contract Act, 1872. Mr Amit Mehra is a director of the Petitioner makes no difference to the position in law and … of the Collector to the transfer under Section 70(4) of the Madhya Bharat Land Revenue and Tenancy Act 66 of 1950. The first condition was not fulfilled till October 6, 1952 and the second condition was never

Punj Lloyd Ltd. Vs. Hindustan Petroleum Corporation Ltd.

Court : Mumbai

Subject : Arbitration

considering the request of the petitioner for extension of time. Reliance is placed on Section 70 of the Indian Contract Act 1872 and it is submitted that the learned arbitrator ought to have allowed the said claim on the principles … the month of October 2007. The petitioner could complete fire alarm system and its stations in December 2007. 66. A perusal of the contract entered into between the parties clearly indicates that the time for completion for

Parsvnath Developers Limited & Ors. vs Asset Reconstruction Compan ...

Court : Delhi

Subject : Arbitration

contract no longer binding on the parties. The effect of novation, as recognised under Section 62 of the Indian Contract Act, 1872 is that the original contract stands completely discharged and becomes void and unenforceable upon being substituted by a

Bakshi Dev Raj and anr Vs. Sudheer Kumar

Court : Supreme Court of India

Subject : Contract

Acts : Indian Contract Act, 1872 - Section 23; Code of Civil Procedure (CPC) , 1908 - Order 47, 23, 41, 3 Rule (1), 3, 9, 4, Section 107(2); Indian Penal Code 1860 - Section 420; Constitution of India - Article 141, 136

for the appellants before the High Court was not lawful and in violation of Section 23 of the Indian Contract Act, 1872 and that the second appeal was disposed of without hearing on substantial questions of law framed by the … C.P.C. (b) that application is time barred, period of limitation prescribed for filing review in terms of Rule 66 Sub Rule (3) of J K High Court Rules is 30 days. (c) that review application can be

Ramdas Bhatu Chaudhary Since Deceased Through Lrs. Vs. Anant Chunilal ...

Court : Mumbai

Subject : Civil

Acts : Indian Contract Act, 1872 - Sections 25; Evidence Act, 1872 - Sections 63 to 66; Code of Civil Procedure (CPC) - Order 11, Rule 16

Reported in : 2007(1)ALLMR313; 2006(6)MhLj571

submits that the agreement, without consideration is hit by the provisions laid down under Section 25 of the Indian Contract Act, 1872. According to him in the agreement of sale dated 15-10-1984, the suit property i.e. area to the tune … Court or of any person legally bound to produce it, and when after the notice as mentioned in Section 66, such a person does not produce the said document. Section 65(b), (c), (d), (e), (f) and (g) also

Oil and Natural Gas Corporation Ltd. Vs. Schlumberger Asia Services Lt ...

Court : Delhi

Subject : Civil

Acts : Arbitration and Conciliation Act 1996 - Sections 34; Indian Contract Act, 1872; Constitution of India - Articles 1.11, 6.3 and 13(3)

Reported in : 2006(3)ARBLR610(Delhi); 2006(91)DRJ370

I am dealing with a contract, I would be failing in not noting that the preamble to the Indian Contract Act 1872 records:- Whereas it is expedient to define and amend certain parts of law relating to contracts.44. The legislature … adopt the particular meaning assigned by the parties to a particular word. 66. Clarifying that reasonableness of reasoning of an arbitral tribunal is only permissible … arbitral tribunal. My domain is restricted to deal with questions of law and that too in context of Section 34 of the Arbitration and Conciliation Act 1996 and the words contrary to public policy as interpreted by