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Modi Rubber Ltd. Vs. Guardian International Corp.

Court : Delhi

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 16 and 18; Companies Act, 1956 - Sections 82; Arbitration and Conciliation Act, 1996 - Sections 6, 6.1, 9, 11, 17, 18, 19 to 24, 25 and 36; Indian Contract Act, 1872 - Sections 27, 32, 39 and 56; Specific Relief Act, 1963 - Sections 10, 14, 14(1), 16, 21, 23, 41, 41(1) and 42; Arbitration Act, 1940 - Sections 18, 20 and 41; Code of Civil Procedure (CPC) , 1908 - Sections 148A - Order 38, Rule 5 - Order 39; LCIA Rules; Constitution of India - Articles 16 and 226

Reported in : 2007(2)ARBLR133(Delhi); 141(2007)DLT822

is not an abstract or nebulous concept. In India, it is statutorily recognised in Section 56 of the Indian Contract Act which relates to performance of a contract. Undoubtedly, frustration of contract is a class of circumstances under which … as embodied in Sections 32 and 56 of the Indian Contract Act, 1872.We hold, thereforee, that the doctrine of frustration is really an aspect or … venture.35. Perusal of the application filed by Guardian shows that it has been captioned as an application under Section 9 of the Arbitration and Conciliation Act, 1996. The arbitration clause which has been referred and reproduced in para

M/s. Visakha Petroleum Products Pvt. Ltd. Vs. B.L. Bansal, Sole Arbitr ...

Court : Mumbai

Subject : Arbitration

permitted to urge that clause 10.2 of the agreement was void as opposed to Section 28 of the Indian Contract Act, 1872. 12. The learned arbitrator rejected the allegations of official bias made against him by the petitioner. It is … been made (hereinafter referred to as “the Delivery date”). If such claim is not admitted in full within 90 days of its being filed with the other party, it shall automatically lapse and be forfeited and the

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. … of such offer. On 04.12.2003, the appellant filed an Arbitration Petition No. 514/2003 in the High Court under Section 9 of the Arbitration and Conciliation Act, 1996 praying, inter alia, for an interim order that pending the commencement

Mathuradas Canji Matani Vs. Ebrahim Fazalbhoy

Court : Mumbai

Subject : Civil

Reported in : AIR1927Bom581; (1927)29BOMLR1296

referred to in this respect.12. Turning next to the law of India, Sections 239 to 266 of the Indian Contract Act, 1872, deal with partnership. Section 253(10) provides that, in the absence of any contract to the contrary, partnerships are … subject to the prior payment of his separate debts for the unsatisfied debts of the firm : see Section 9 of the English Partnership Act of 1890. Section 43 of the Indian Contract Act, however, appears to make

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

Court : Mumbai

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 … under the Act. I will deal with the objects of the petitioner society at a later stage. 15. Section 9 of the Societies Act provides that if the Registrar is satisfied that a proposed society has complied with

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 … preferential heirs specified in Class I of the schedule. They will inherit that interest simultaneously as provided by Section 9 of the Act and more than one heir succeeding together shall take the interest as tenants-in-common and net

Narsingdas Takhatmal Vs. Radhakisan Rambakas and ors.

Court : Mumbai

Subject : FamilyProperty

Acts : Evidence Act, 1872 - Sections 92; Indian Contract Act, 1872 - Sections 17(3); Code of Civil Procedure (CPC), 1908 - Order 6, Rule 4; Transfer of Property Act, 1882 - Sections 9

Reported in : (1952)54BOMLR492

transaction. It must be fraud within the meaning of the term as used in Section 17(3) of the Indian Contract Act, 1872, and unless and until the allegations amount to that, there cannot be any valid plea of fraud which … between the parties. The provisions of the Transfer of Property Act do not prevent any such oral agreement. Section 9, T. P. Act lays down that:'A transfer of property may be made without writing, in every case in

Sandhya Organic Chemicals P. Ltd. and ors. Vs. United Phosphorous Ltd. ...

Court : Gujarat

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 27; Code of Civil Procedure (CPC), 1908 - Sections 9 - Order 39, Rules 1, 2 and 3 - Order 40, Rule 1; Patent or Designs Act; Copyright Act

Reported in : AIR1997Guj177

the parties in the ultimate decision of the suit.25. Orders accordingly Civil - injunction - Section 27 of Indian Contract Act, 1872, Section 9 and Order 39 Rules 1, 2 and 3 of Code of Civil Procedure, 1908 - application to restrain

S. Ananda and ors. Vs. State of Tamil Nadu and ors.

Court : Chennai

Subject : Labour and Industrial

Acts : Tamil Nadu Pension Rules - Rule 44; Indian Contract Act, 1872 - Sections 14(5), 20 and 22; Madras State Subordinate Service General Rules - Rule 9; Punjab Municipal Act - Sections 236

Reported in : (1983)IILLJ277Mad

contained in G.O.Ms. No. 731, Industries, dated 21.5.1974 is void and unenforceable as per Section 20 of the Indian Contract Act, 1872 because it has been passed by a mistake and is not based on free consent, as per section … under terms and conditions contained in G.O.Ms. No. 5600, Industries dated 30th November, 1965. The benefit of rule 9 of the General Rules for the Madras State Subordinate Service was given to all the deputationists who were

Central Inland Water Transport Corporation Limited and anr. Vs. Brojo ...

Court : Supreme Court of India

Subject : Service

Acts : Companies Act, 1956 - Sections 617; Constitution of India - Articles 1, 4, 12, 13, 14, 15, 16, 17, 18, 19, 19(1), 23, 32, 36, 37, 38, 38(1), 39, 40, 41, 42, 47, 51, 51-A, 53(1), 68, 73, 131, 141, 152, 154, 154(1), 162, 226, 298, 308, 311, 311(2), 366, 367(1), 370 and 372; Indian Contract Act, 1872 - Sections 16(1), 16(2), 19, 19-A, 23 and 24; Code of Criminal Procedure (CrPC) , 1973 - Sections 19\7; Central Inland Water Transport Corporation Ltd. (Service, Discipline and Appeal) Rules, 1979 - Rules 9 and 11; Indian Penal Code (IPC), 1908 - Sections 21

Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC); [1986] 2 SCR 178; AIR 1986 SC 157; MANU/SC/0439/1986

Constitution? 2) Whether an unconscionable term in a contract of employment is void under Section 23 of the Indian Contract Act, 1872, as being opposed to public policy and, when such a term is contained in a contract of employment … framed by the Corporation for the first time in 1970 and were replaced by new rules in 1979. 9. We are concerned in these Appeals with the 'Central Inland Water Transport Corporation Ltd. Service Discipline and Appeal