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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 … the railway administration for any loss, destruction, damage, deterioration or non-delivery in transit of such animals or goods. Section 75 deals with the responsibility of the railway administration as carrier of luggage. This section also refers to the

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Apr 07 1925

The Secretary of State for India Vs. Bhaskar Krishnaji Samant

Court : Mumbai

Decided on : Apr-07-1925

Subject : Civil

Reported in : AIR1925Bom485; (1925)27BOMLR973

paid in case of a breach of the conditions thereof may, notwithstanding anything in Section 74 of the Indian Contract Act, 1872, be recovered from him in case of such breach as if it were an arrear of land-revenue.16. It … binding as a contract upon the plaintiff in virtue of a rule made by the Local Government under Section 75 (d) of the Indian Forest Act, 1878, and that the sum was liable to forfeiture under the provisions

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Aug 26 1924

Bhagwandas Rangildas Vs. the Secretary of State for India

Court : Mumbai

Decided on : Aug-26-1924

Subject : Contract

Reported in : AIR1925Bom227; (1925)27BOMLR66

paid in ease of a breach of the conditions thereof may, notwithstanding anything in Section 74 of the Indian Contract Act, 1872, be recovered from him in case of such breach as if it were an arrear of land-revenue.19. The … Act or to compensation for any damage which he has sustained through the non-fulfilment of the contract under Section 75.17. As against this it is urged that under Section 84 of the Indian Forests Act, in spite of

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Feb 24 1981

Nagpur Nagarik Sahakari Bank Ltd. Vs. Union of India and anr.

Court : Andhra Pradesh

Decided on : Feb-24-1981

Subject : Company

Acts : Maharashtra Co-operative Societies Act - Sections 164; Indian Contract Act, 1872 - Sections 74, 124, 126, 128, 140, 141 and 145

Reported in : [1984]55CompCas677(AP)

shall be final and binding on the bank ....' Sections 124, 126, 128, 140 and 145 of the Indian Contract Act, 1872, read as under : '124. A contract by which one party promises to save the other from loss … the duties and obligations indicated in the said agreement shall be final and binding on the bank ....' Sections 124, 126, 128, 140 and 145 of the Indian Contract Act, 1872, read as under : '124. A

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Apr 17 2003

Oil and Natural Gas Corporation Ltd. Vs. Saw Pipes Ltd.

Court : Supreme Court of India

Decided on : Apr-17-2003

Subject : ArbitrationContract

Acts : Arbitration and Conciliation Act, 1996 - Sections 2 to 43, 48, 48(1), 67, 68, 69, 70, 70(2), 70(3), 73, 75 and 81; Code of Civil Procedure (CPC) , 1908; Evidence Act, 1872; Represention of the People Act, 1951 - Sections 90, 90(2) and 92; Indian Contract Act, 1872 - Sections 56, 73 and 74; Transfer of Property Act; Arbitration (Protocol and Convention) Act, 1937 - Sections 7(1); Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 7(1); Arbitration Act, 1940 - Sections 23 and 28

Reported in : AIR2003SC2629; 2003(3)ALD82(SC); 2003(2)ARBLR5(SC); (2003)3CompLJ1(SC); [2003(4)JCR148(SC)]; JT2003(4)SC171; 2003(4)SCALE92; (2003)5SCC705; [2003]44SCL89(SC); [2003]3SCR691; MANU/SC/0314/2003

with the substantive law for the time being in force in India. Admittedly, substantive law would include the Indian contract Act, the Transfer of Property Act and other such laws in force. Suppose, if the award is passed in … sepcifically provides that arbitral is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872 and parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting … the making of the award was induced or affected by fraud of corruption or was in violation of Section 75 or Section 81.'5. For our purpose, it is not necessary to refer to the scope of self explanatory

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Nov 25 2005

Chief Signal and Telecommunication Engineer (Projects), South Central ...

Court : Andhra Pradesh

Decided on : Nov-25-2005

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 20, 30, 31, 31(2), 31(4), 31(5), 34, 34(2), 75 and 81; Indian Stamp Act, 1899; Contract Act, 1872;

Reported in : 2006(1)ALT112; 2006(2)ARBLR343(AP)

no force in law. Further, it was a case where the Arbitral Tribunal made certain deviations from the Contract Act 1872, while passing the award. In the said circumstances, it was held to be an award passed contrary to … non-judicial stamp papers in accordance with Item 12 of Schedule 1-A of Indian Stamp Act, 1899.24. Further, it is clear that the award was prepared … the making of the award was induced or affected by fraud or corruption or was in violation of Section 75 or Section 81.(3)...(4)...14. The facts, as borne out from the record in this regard, appear to be that

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Oct 11 2000

M. Thanikachalam and Others Vs. Maduranthakam Agricultural Producers C ...

Court : Chennai

Decided on : Oct-11-2000

Subject : Trusts and Societies

Acts : Constitution of India -- Articles 12, 21, 226 and 227; Tamil Nadu Co-operative Societies Act, 1983 -- Sections 152, 153 and 154; Industrial Disputes Act, 1947 -- Sections 9-A, 10, 11-A, 12(3), 18(1) and 25-FN; Co-operative Societies Act, 1912 -- Sections 181; Tamil Nadu Shops and Establishments Act, 1947 -- Sections 75; Indian Contract Act, 1872 -- Sections 23; Employee's State Insurance Act, 1948 -- Sections 1(3), 74 and 75

Reported in : 2000(4)CTC556; (2001)ILLJ285Mad

with the order of termination dated 31.7.1995 are void and illegal, being violative of Section 23 of the Indian Contract Act, 1872, Article 21 of the Constitution of India and Sections 25-F and 25-N of the Industrial Disputes Act, after … Act is far wider than the old one, and so it requires re-consideration. By referring to the Sections 75 and 75(7) 'of the Tamil Nadu Shops and Establishments Act, 1947, the learned Senior Counsel contends that the

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Dec 15 1942

Muralidhar Chatterjee Vs. International Film Company Limited.

Court : Mumbai

Decided on : Dec-15-1942

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 … a case within Section 39 the party who rightly ' puts an end to ' or ' rescinds' (Section 75) the contract is entitled to damages for the defaulting party's breach. In this sense the contract has not

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Feb 25 2005

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

Court : Mumbai

Decided on : Feb-25-2005

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

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Dec 14 2011

Board of Trustees of Port of CochIn Vs. Jaisu Shipping Company Private ...

Court : Kerala

Decided on : Dec-14-2011

Subject : Arbitration

compensation in such types of contracts is well settled. Sections 73 to 75 in Chapter VI of the Indian Contract Act, 1872 deal with the consequences of breach of contract. Whether it is compensation by way of unliquidated damages falling … passed by the District Judge, Ernakulam dismissing on merits OP (Arbitration No. 505/2011) filed by the appellant under Section 9 of the Act. THE PARTIES 2. The appellant is a major Port constituted under the Major Port

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