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Bharat Sarvodaya Mills Co. Ltd. Vs. Mohatta Brothers Overruled

Court : Gujarat

Subject : Civil

Acts : Partnership Act, 1932 - Sections 4, 30, 31(1), 31(2), 32, 32(3), 34, 39, 40, 41, 42, 43, 44, 58, 59, 60, 61, 62, 63, 63(1), 69(2) and 69(3); Code of Civil Procedure (CPC), 1908 - Sections 86 and 87B - Order 30, Rules 1, 1(1), 1(2), 2, 2(1), 2(2), 2(3) and 4; Indian Contract Act, 1872 - Sections 45 and 70; Constitution of India - Article 133(1)

Reported in : AIR1969Guj178; (1969)GLR457

equally by all the partners who are compromises and all of whom are under Section 45 of the Indian Contract Act, 1872, joined together in enforcing the promise against a third party promisor. The suit by a firm as we … cross appeals raise an interesting question as to the interpretation of the two mandatory conditions laid down in Section 69(2) of the Indian Partnership Act, 1932, hereinafter referred to as 'the Act,' in the context of a reconstituted

R. Baskar Bhat Vs. Hindustan Petroleum Corporation Ltd., Chennai

Court : Chennai

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 106 and 114; Indian Contract Act, 1872 - Sections 69 and 70

Reported in : AIR2002Mad330; (2002)2MLJ214

months of February and March, 1997 would amount to unjust enrichment attracting Sections 69 and 70 of the Indian Contract Act, 1872. 13.14. Since the plaintiff failed to prove the delivery of possession immediately after the execution of the lease … legal notice dated 2.7.1997 from the plaintiff, and that the defendant Corporation is entitled for the benefit under Section 114 of the Transfer of Property Act, answered the issues in favour of the defendant - Corporation, refused

The Inspector General of Registration, Pattinapakkam, Chennai and Anot ...

Court : Chennai Madurai

Subject : Land Acquisition

69(1), section 35(1)(c), section 35(3)(c), Section 69(2), Section 68(2) €“ General Clauses Act, 1894 - Section 23 - Indian Contract Act, 1872 -Section 201, Section 202, Section 209, Section 203 to Section 210, Section 203, Section 204, Section 205, Section 206

M/S. Raptakos Brett and Co. Ltd. Vs. Ganesh Property

Court : Supreme Court of India

Subject : Tenancy

Acts : Partnership Act, 1932 - Sections 56, 57, 58, 59 and 69(2); Transfer of Property Act - Sections 4, 5(1), 108, 111 and 116; Code of Civil Procedure (CPC) - Sections 80 - Order 7 Rules 11 and 13 - Order 23 Rule 1 - Order 40 Rule 1; Indian Arbitration Act, 1940 - Sections 8(2); Karnataka Cinemas (Regulation) Act - Rule 6; Indian Railways Act - Sections 77; Indian Contract Act, 1972; Indian Contract Act, 1872 - Sections 1; Companies Act, 1913 - Sections 171; Limitation Act, 1963

Reported in : 1998VIIAD(SC)37; AIR1998SC3085; (1999)1CALLT22(SC); 1999(1)CTC175; JT1998(6)SC289; 1998(5)SCALE195; (1998)7SCC184; [1998]Supp1SCR485

the Indian Contract Act, 1972. Our attention, in this connection, also was invited to Section 1 of the Indian Contract Act, 1872 which provides that :'nothing herein contained shall affect the provisions of any Statute, Act or Regulation not hereby … deciding whether on the averments in the plaint, the suit can be said to have been barred Under Section 69 Sub-section (2) of the Partnership Act as that is the only bar which is relied upon by the

Krishnarao Narayanrao Chawate Vs. Shankar Sahadev Mungekar

Court : Mumbai

Subject : Contract

Reported in : (1954)56BOMLR973

within a specified period or within specified local limits; and notwithstanding anything contained in section 27 of the Indian Contract Act, 1872, such agreement shall he valid if the restrictions imposed are reasonable.It was strongly urged that but for this … contract and also to enforce a right conferred by the Partnership Act and fell within the purview of Section 69(1) of that Act which is as follows :69.(1) No suit to enforce a right arising from a contract

Subbegowda and ors. Vs. H.L. Keshava Murthy and ors.

Court : Karnataka

Subject : ContractProperty

Acts : Indian Contract Act, 1872 - Sections 69 and 70

Reported in : AIR1950Kant6; AIR1950Mys6

does not permit a person, to both approbate and reprobate, which principle is based on doctrine of election. INDIAN CONTRACT ACT (9 of 1872) Section 10: [S.R. Bannurmath & A.N. Venugopala Gowda,JJ] Concluded contract Sale of seized assets of … claim makes a payment in respect of the disputed property he is entitled to the protection afforded by Section 69, Contract Act, even though it ultimately transpires that he had not such an interest. It is consistent with

State of Gondal Vs. Govindram Seksaria

Court : Mumbai

Subject : PropertyContract

Reported in : (1944)46BOMLR822

and having regard to Section 55 of the Transfer of Property Act, 1882, and Section 69 of the Indian Contract Act, 1872, to which I will presently refer.12. The whole of the purchase price being paid, plaintiff No. 1 was

Chendur Forgings (P) Ltd. Vs. Bhandari Interstate Carriers

Court : Chennai

Subject : Contract

Acts : Partnership Act, 1932 - Sections 69(2); Carriers Act - Sections 9; Contract Act, 1872 - Sections 16, 196 and 199; Evidence Act, 1872 - Sections 111; Railways Act, 1890 - Sections 77; Property Act - Sections 108 and 111; Code of Civil Procedure (CPC) - Sections 80, 99 and 432 - Order 7, Rule 11 - Order 30 - Rules 1 and 2

Reported in : AIR2008Mad218; 2008(44)CTC75; 2008(2)CTLJ169(Mad)

to extract Section 69(2) of The Indian Partnership Act, 1932 and Sections 16, 196 and 199 of The Indian Contract Act, 1872.12. Section 69(2) of The Indian Partnership Act, 1932, reads as under:69. Effect of non-registration. (1) ...(2) No suit

Govindram Gordhandas Seksaria Vs. the State of Gondal

Court : Mumbai

Subject : Civil

Reported in : (1950)52BOMLR450

interest which the law recognised in the mill property prevented any right arising under Section 69 of the Indian Contract Act, 1872. For some reason which is not clear to their Lordships the learned Judges appear to have considered that

Union of India Vs. United India Insurance Co. Ltd.

Court : Mumbai

Subject : Company

Acts : Contract Act, 1872 - Sections 69; Transfer of Property Act, 1882 - Sections 6 and 135; Indian Railways Act, 1890 - Sections 73

Reported in : 1993ACJ437; (1992)94BOMLR357; [1995]82CompCas798(Bom); 1992(2)MhLj1193

determining the quantum of damages. 16. To conclude, the appeal is dismissed. No order as to costs. [A] Indian Contract Act, 1872 - Section 69 - Subrogation - Insurance Company paid losses to insured - It can now sue Railway