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Nath Bros. Exim International Ltd. Vs. Best Roadways Ltd.

Court : Supreme Court of India

Subject : ConsumerContract

Acts : Carriers Act, 1865 - Sections 3, 4, 5, 6, 8 and 9; Indian Contract Act, 1872 - Sections 148, 151, 152 and 168; English Common Law Rule; Negotiable Instruments Act; Octroi (Export) Promotion Rule 1976

Reported in : I(2000)ACC434; JT2000(3)SC433; (2000)125PLR461; 2000(2)SCALE537; (2000)4SCC553; [2000]2SCR538; 2000(2)LC865(SC); (2001)1LW756

by learned Counsel for the appellant, we may reproduce the provisions of Section 151 & 152 of the Indian Contract Act, 1872, hereinbelow:151. In all cases of bailment the bailee is bound to take as much care of the goods … is provided that the liability shall not be deemed to be limited or affected by any public notice.10. Section 8 provides in specific terms that where any property is entrusted to any carrier for being carried to the

Peri Bhaskararao and ors. Vs. Sathi Adilakshmi

Court : Andhra Pradesh

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 45; Hindu Succession Act, 1956 - Sections 6 and 9; Hindu Minority and Guardianship Act, 1956 - Sections 8; Specific Relief Act, 1963; Transfer of Property Act - Sections 67; Code of Civil Procedure (CPC) - Order 34, Rule 1; Hindu Law; Mitakshara Law; Hindu Succession (Amendment) Act, 1986

Reported in : AIR2006AP212

to implied agency and ratification while drawing the attention of this Court to the relevant provisions of the Indian Contract Act 1872. The learned Counsel also would maintain that at the lime of the execution of the agreement the same … are bound by Ex. A-1. The learned Counsel also explained in this context the scope and ambit of Section 8 of Hindu Minority and Guardianship Act 1956. The Counsel after making elaborate submissions on the notification and denotification

Union of India (Uoi) Vs. Amar Singh

Court : Supreme Court of India

Subject : Commercial

Acts : Indian Limitation Act - Sections 19 - Schedule - Articles 30 and 31; Indian Railway Act, 1890 - Sections 77 and 80; Indian Contract Act, 1872 - Sections 148, 151, 152, 161 and 194

Reported in : AIR1960SC233; [1960]2SCR75

other provisions of the Act, be that of a bailee under s. 151, 152 and 161 of the Indian Contract Act, 1872. Section 148 of the Indian Contract Act defines 'bailment' thus : 'A 'bailment' is the delivery of goods by … file the suit and that the respondent had made out his claim only to the extent of Rs. 80,000; in the result, the suit was decreed for a sum of Rs. 80,000 with proportionate costs. 4. The

S.K. JaIn Vs. State of Haryana and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 16, 31(1), 31(8) and 38; Indian Contract Act, 1872 - Sections 23 and 28; Rent Control Act; Constitution of India - Article 226

Reported in : JT2009(7)SC128; 2009(4)MhLJ719(SC); 2009(3)SCALE236; (2009)4SCC357; 2009AIRSCW1934; 2009(3)LHSC2031

view. It is also submitted that the contract is in conflict with Sections 23 and 28 of the Indian Contract Act, 1872 (in short the `Contract Act').5. Learned Counsel for the respondents on the other hand supported the judgment of … logic in it. It is balancing factor to prevent frivolous and inflated claims. INDIAN CONTRACT ACT (9 of 1872) Section 23: [Dr. Arijit Pasayat, V.S. Sirpurkar & Asok Kumar Ganguly, JJ] Arbitration agreement - Agreement clause providing for … decision does not in any way assist the appellant, because at para 89 it has been clearly stated that the concept of unequal bargaining power

Alphonse Vs. S. Dharmaraj

Court : Chennai

Subject : Family

Acts : Indian Contract Act, 1872 - Sections 3, 4(1), 4(2), 5, 8, 16 and 16(3); Benami Transactions (Prohibition) Act, 1988 - Sections 4; Transfer of Property Act - Sections 52; Code of Civil Procedure (CPC), 1908 - Order 6, Rule 4; Christian Law

Reported in : (2002)2MLJ185

Family - judicial separation - Sections 3, 4 (1), 4 (2), 5, 8, 16 and 16 (3) of Indian Contract Act, 1872, Section 4 of Benami Transactions (Prohibition) Act, 1988, Section 52 of Transfer of Property Act, 1882, Order 6 Rule

Percept D'Markr (India) Pvt. Ltd. Vs. Zaheer Khan and Anr.

Court : Supreme Court of India

Subject : ArbitrationContract

Acts : Indian Contract Act, 1872 - Sections 27; Companies Act, 1956; Arbitration and Conciliation Act, 1996 - Sections 9 and 36; Specific Relief Act, 1963 - Sections 14, 14(1), 41 and 42; Arbitration and Conciliation Rules

Reported in : AIR2006SC3426; 2006(2)ARBLR34(SC); 2006(2)AWC1869(SC); 2006(5)BomCR322; (2006)5CompLJ224(SC); 2006(1)CTLJ100(SC); (2006)4MLJ1695; 2006(3)SCALE324; (2006)4SCC227

(India) Pvt. Ltd. and the respondent No. 1 - Zaheer Khan is void under Section 27 of the Indian Contract Act, 1872 has been in restraint of trade. It was submitted by learned senior counsel for the appellant - Mr.

National thermal Power Corporation Ltd. Vs. Wig Brothers Builders and ...

Court : Delhi

Subject : ContractArbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 8(2), 8(3), 11, 12, 13, 16, 18, 19(3), 28(3), 31 and 34; Arbitration Act, 1940 - Sections 4, 11, 11(6), 12, 12(3), 13, 13(2), 16, 16(1), 19, 19(3) and 31(7); Indian Contract Act, 1872 - Sections 28, 28(1), 53, 54, 55 and 70; Evidence Act, 1872; Code of Civil Procedure (CPC) , 1908

Reported in : 160(2009)DLT642

taken by the petitioner, which disentitled the petitioner to claim compensation in terms of Section 55 of the Indian Contract Act, 1872;b. Refusal by the petitioner to furnish any details in respect of its claim for liquidated damages;c. Non-production of … 1999 held that the dispute with respect to bank guarantees was an arbitrable dispute, and as per Section 8(3) of the Act, even if the suit was pending, the Arbitral Tribunal was competent to pass an award

Nathulal Vs. Phoolchand

Court : Supreme Court of India

Subject : PropertyContract

Acts : Transfer of Property Act, 1882 - Sections 4 and 53-A; Madhya Bharat Land Revenue and Tenancy Act, 1950 - Sections 70, 70(4) and 70(8); Indian Contract Act, 1872

Reported in : AIR1970SC546; 1970(0)BLJR790; 1970MhLJ674(SC); (1969)3SCC120; [1970]2SCR854; [1969] 3 SCR 120

of the Transfer of Property Act which relate to contracts are to be taken as part of the Indian Contract Act, 1872. If, therefore, under the terms, of the contract the obligations of the parties have to be performed in … benefits under Regulation 29(5) to the optees of 20 years service along with payment of ex-gratia. INDIAN EVIDENCE ACT, 1872 Section 115; [D.K. Jain & R.M. Lodha, JJ] Estoppel - Held, Bank employees who had taken retirement under the … due date the balance of price, Nathulal rescinded the contract on October 8, 1951 and commenced an action in May, 1954 in the Court of

Suguna and K. Devi Vs. Vinod G. Nehemiah and ors.

Court : Chennai

Subject : Property

Acts : Indian Contract Act, 1872 - Sections 16, 16(2) and 16(3); Specific Relief Act, 1963 - Sections 34; Evidence Act - Sections 111 and 230A; Indian Trusts Act, 1882 - Sections 8; Code of Civil Procedure (CPC) - Order 6, Rules 2 and 4

Reported in : 2008(2)CTC433; 2008(2)CTLJ223(Mad); (2008)5MLJ167

undue influence and fraud played on, it was pointed out that with reference to Section 16(3) of the Indian Contract Act, 1872, the first appellant admitted that she maintained a fiduciary relationship with the deceased Nehemiah; as such, she was … document executed in her favour and this is a clear case of a breach of trust as per Section 8 of the Indian Trusts Act, 1882.48. It is seen that in the plaint filed before the City Civil

Control Print (India) Limited Vs. Cab Machines S.A. and anr.

Court : Mumbai

Subject : Contract

Reported in : 1998(2)ALLMR351; (1997)99BOMLR187

documents merely disclose that there were negotiations between the parties. Counsel has relied on Section 7 of the Indian Contract Act, 1872. According to the Counsel letter dated 29th November, 1994 was merely a proposal sent to the plaintiffs. Indeed, … for his equipment without there being assurances to the effect that there was a concluded contract. In fact Section 8 of the Indian Contract Act would also come to the aid of the plaintiffs. The plaintiffs case fits