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Jan 10 2003

Alco Chem Ltd. Vs. Hyderabad Chemical and Pharmaceutical Works Ltd.

Court : Andhra Pradesh

Decided on : Jan-10-2003

Subject : Commercial

Acts : Sale of Goods Act, 1930 - Sections 64A; Indian Tariff Act, 1934 - Sections 10; Indian Contract Act, 1872 - Sections 72; Code of Civil Procedure (CPC), 1908 - Sections 34

Reported in : III(2003)BC508

it has not passed on the burden to the consumer stands unrebutted. As per Section 72 of the Indian Contract Act, 1872, the amount of export duty collected separately by the defendant from the plaintiff was under a mistake of

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Aug 06 2002

State Bank of India Vs. the United Commercial Bank Ltd. and ors.

Court : Delhi

Decided on : Aug-06-2002

Subject : BankingCommercial

Acts : Indian Contract Act, 1872 - Sections 72; Negotiable Instrument Act, 1981 - Sections 85A and 131

Reported in : AIR2003Delhi284

plaintiff was entitled to recover the amount from the first defendant under the provisions of Section 72 of Indian Contract Act., 1872 or in the alternative from defendant No. 2 if the defendant No. 1 had paid the amount to

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Nov 10 1960

V. Kanakaiya Chetty and Co. Vs. the Union of India (Uoi), Represented ...

Court : Chennai

Decided on : Nov-10-1960

Subject : Civil

Acts : Railways Act, 1890 - Sections 72; Indian Contract Act, 1872 - Sections 151, 152 and 161

Reported in : AIR1961Mad398; (1961)1MLJ348

the responsibility of the administration is that of a bailee under Sections 151, 152 and 161 of the Indian Contract Act, 1872. Further, Sub-clause 3 of Section 72 specifies that this responsibility is not affected by anything relating to the

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Jul 28 1998

M/S. G.V. Films Limited, 4, Seshadri Road, Alwarpet, Chennai-600 018 V ...

Court : Chennai

Decided on : Jul-28-1998

Subject : Commercial

Acts : Recovery of Debts due to Banks & Financial Institutions Act, 1993 -- Sections 2, 4(1), 31(1) & (2); Indian Contract Act, 1872 -- Sections 72; Trust Act, 1882 -- Sections 90, 94 and 95; Companies Act, 1956 -- Sections 4-A; Unit Trust of India Act, 1963 -- Sections 3

Reported in : [2000]100CompCas257(Mad); 1998(2)CTC518

utilises the amount is bound to repay the same with interest, In view of section 72 of the Indian Contract Act, 1872 and whether a constructive trust can arise over a wide variety of situations. A similar question of mistaken

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Jul 06 1987

Dhrangadhra Municipality Vs. Dhrangadhra Chemical Works Ltd.

Court : Gujarat

Decided on : Jul-06-1987

Subject : Direct Taxation

Acts : Indian Contract Act, 1872 - Sections 7, 70, 72 and 148; Constitution of India - Articles 39A, 141, 265 and 300A; Code of Civil Procedure (CPC), 1908 - Order 7, rule 11

Reported in : 1988(35)ELT88(Guj); (1988)1GLR388

of the Act and has observed in that connection as under (p. 466) : 'Section 72 of the Indian Contract Act, 1872, recognised that a person to whom money has been paid, or anything delivered, by mistake or under coercion,

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Dec 13 1994

State Bank of India Vs. Punjab National Bank

Court : Delhi

Decided on : Dec-13-1994

Subject : Contract

Acts : Negotiable Instruments Act, 1881 - Sections 131; Indian Contract Act, 1872 - Sections 72

Reported in : I(1996)BC251; 57(1995)DLT55

plaintiff entitled to recover any amount from defendant no. 1 under the provisions of Section 72 of the Indian Contract Act, 1872 Ifso, to what amount is the plaintiff entitled and on what basis?2. Is the plaintiff entitled to the

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Sep 23 1958

Sales Tax Officer, Banaras and ors. Vs. Kanhaiya Lal Mukundlal Saraf Overruled

Court : Supreme Court of India

Decided on : Sep-23-1958

Subject : Sales Tax

Acts : Contract Act, 1872 - Sections 11, 20, 21, 22, 32, 56, 72 and 72 - A

Reported in : AIR1959SC135; [1959]1SCR1350; [1958]9STC747(SC)

are concerned, they must look primarily to the law as embodied in sections 32 and 56 of the Indian Contract Act, 1872. ' and proceeded to observe :'It would be incorrect to say that section 56 of the Contract Act … way of a petition under Article 226 of the Constitution. The High Court came to the conclusion that Section 72 of the Indian Contract Act applied to the present case and the State Government must refund the moneys

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Nov 09 1999

The Talmakiwadi Co-operative Housing Society Ltd. Vs. the Divisional J ...

Court : Mumbai

Decided on : Nov-09-1999

Subject : Trusts and Societies

Acts : Maharashtra Co-operative Societies Act, 1960 - Sections 2(16), 4, 9, 13, 14, 17, 22(1), 23(1), 36, 72 and 166(2); Maharashtra Co-operative Societies Rules, 1961 - Rules 10 and 13(1); Constitution of India - Article 19(1); Co-operative Society Act, 1925; Indian Contract Act, 1872; Societies Registration Act, 1860; Bombay Co-operative Societies Act, 1925; Transfer of Property Act, 1882 - Sections 10; Andhra Pradesh Co-operative Societies Act, 1964; Hindi Sahitya Sammelan Act, 1962

Reported in : 1999(1)ALLMR389; 1999(1)BomCR393

directed, it has been provided that: (a) a person who is competent to enter into contract under the Indian Contract Act, 1872 would be eligible to become a member subject to his fulfilling certain requirements; (b) a minor or a … would obviously mean such of the bye-laws as are not inconsistent with the provisions of the Act. Under section 72 of the Act, the final authority of the society vests in the General Body of the Members in

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Apr 21 1971

Union of India, Owning Eastern Railway by Its General Manager, Calcutt ...

Court : Chennai

Decided on : Apr-21-1971

Subject : Civil

Acts : Indian Railways Act - Sections 13, 72, 72-A, 73, 74, 74-A, 74-B, 74-C 74-D, 74-E, 75, 76, 77, 77-B, 78 and 78B; Indian Contract Act, 1872 - Sections 151, 152 and 161

Reported in : AIR1972Mad134; (1971)2MLJ257

of the railway administration shall be that of a bailee under Sections 151, 152 and 161 of the Indian Contract Act. 1872, for the loss, destruction, damage, deterioration or non-delivery of goods carried by railway within a period of 30 … for this argument.Chapter VII of the Indian Railways Act deals with the responsibility of railway administration as carriers, Section 72 of the Act, as it stood prior to is amendment by the Central Act 39 of 1961, provided

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Feb 23 1965

Union of India (Uoi) Vs. Mahadeolal Prabhudayal

Court : Supreme Court of India

Decided on : Feb-23-1965

Subject : Commercial

Acts : Code of Civil Procedure (CPC), 1908 - Sections 80; Indian Railways Act, 1890 - Sections 72(1), 72(2), 72(3) and 77; ;Indian contract Act, 1872 - Sections 152 and 161; Carriers Act, 1865; ;Evidence Act - Sections 114

Reported in : AIR1965SC1755; 1966(0)BLJR91; [1965]3SCR145

by railway to be the same as that of a bailee under Sections 152 and 161 of the Indian contract Act, 1872, subject to other provisions of the Act. Sub-section (2) of s. 72 provides that an agreement purporting to

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