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Ramchandra Laxman and ors. Vs. the Bank of Kolhapur

Court : Mumbai

Subject : ContractProperty

Acts : Registration Act, 1908 - Sections 17; Evidence Act, 1872 - Sections 91; Indian Contract Act, 1872 - Sections 23, 171 and 176; Code of Criminal Procedure (CrPC) , 1898 - Sections 253; Code of Civil Procedure (CPC), 1908 - Order 34, Rule 4

Reported in : AIR1952Bom315; (1952)54BOMLR245; ILR1952Bom715

a non-compoundable offence which has been taken cognizance of, is against public policy under Section 23 of the Indian Contract Act, 1872, and is therefore void and unenforceable.'There, again, the same principle to which we have referred above was accepted, … intended to convey the meaning that no memorandum relating to a deposit of title deeds can be within Section 17 of the Indian Registration Act unless it embodies all the particulars of the transactions of which the

Sri Chandrashekar and ors. Vs. the Tuheed Co-operative Housing Society ...

Court : Karnataka

Subject : CivilProperty

Acts : Karnataka Co-operative Societies Act, 1959; Urban Land (Ceiling and Regulation) Act, 1976; Specific Relief Act, 1963 - Sections 10, 20, 20(2) and 23; Indian Contract Act, 1872 - Sections 23; Karnataka Land Reforms Act, 1961 - Sections 79B and 109; Evidence Act, 1872 - Sections 114; Karnataka Land Reforms (Amendment) Act

Reported in : ILR2008KAR4003; 2008(6)AIRKarR319; AIR2009NOC264

Act, 1976, does not arise at all.h) The transaction in question is hit by Section 23 of the Indian Contract Act, 1872. Under Section 79-B of the Karnataka Land Reforms Act, 1961 a Co-operative society is not eligible to possess … The first respondent Society can be compensated in terms of money as provided under Section 20(2) read with Sections 10 and 23 of the Specific Relief Act.j) Under Section 79-B of Karnataka Land Reforms Act, 1961, a

Kamarbai and ors. Vs. Badrinarayan and anr.

Court : Mumbai

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 6; Indian Contract Act, 1872 - Sections 2 and 23; Specific Relief Act, 1963 - Sections 27, 27(2), 28, 31 and 34; Trusts Act, 1882 - Sections 84; Criminal Law

Reported in : AIR1977Bom228; (1976)78BOMLR579; 1977MhLJ115

if the sale-deed is for an unlawful object or consideration within the meaning of Section 23 of the Indian Contract Act, 1872, the sale would be void.79. The effect of these sections on transfers tainted by sexual immorality was considered

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

Vasantha Viswanthan and ors. Vs. V.K. Elayalwar and ors.

Court : Supreme Court of India

Subject : Commercial

Acts : Motor Vehicles Act, 1939 - Sections 31; Tamil Nadu Motor Vehicles (Amendment) Act, 1971 - Sections 48A; Indian Contract Act, 1872 - Sections 23 and 24; Transfer of Property Act - Sections 52; Tamil Nadu Motor Vehicles Rules - Rule 199; Sale of Goods Act, 1930 - Sections 19 and 58; Specific Relief Act, 1877 - Sections 19; Indian Trusts Act, 1882 - Sections 91

Reported in : AIR2001SC3367; 2001(3)ARBLR110(SC); 2001(49)BLJR2289; JT2001(6)SC622; 2001(5)SCALE483; (2001)8SCC133

5 permits at a price to be ascertained was unlawful within the meaning of Section 23 of the Indian Contract Act, 1872 and accordingly it would be void in view of the provisions of Section 24 of the Indian Contract … order for transfer of registration was passed by the Regional Transport Authority in view of the provisions of Section 31 of the Motor Vehicles Act, 1939 and Section 19 of the Sale of Goods Act, 1930, which

Commissioner of Income-tax Vs. K.A. Sundaram and Co.

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 185; Kerala Abkari Act; Kerala Rectified Spirit Rules, 1972 - Rule 19; Indian Contract Act, 1872 - Sections 23

Reported in : [1998]230ITR686(Ker)

a licence in the name of one of the partners would be hit by Section 23 of the Indian Contract Act, 1872. According to the assessee, even if the licence can be issued only in the name of an individual, … Act ?'2. The relevant facts are as follows : The assessee, a partnership firm, was refused registration under Section 185(1)(a) of the Income-tax Act, 1961, for the assessment year 1990-91 by the assessing authority, who found that

New Engineering Works and Asl Motors Pvt. Ltd. Vs. the State of Jharkh ...

Court : Jharkhand

Subject : Electricity

Acts : Constitutiona of India - Articles 14, 19(1), 21, 298 and 300A; Indian Contract Act, 1872 - Sections 23; Electricity Supply Code Regulation, 2005; Electricity Act, 2003 - Sections 50 and 181; Jharkhand State Electricity Regulatory Commission' (Electricity Supply Code) Regulation, 2005; Electricity (Supply) Act, 1948; Electricity Rules, 1946

Reported in : 2008(56)BLJR2898; [2008(4)JCR5(Jhr)]

of Articles 14, 19(1)(g), 21, 298 and 300A of the Constitutional of India and Section 23 of the Indian Contract Act, 1872 as the same are unjust, unfair, unreasonable and against the public interest and further for quashing the Final … are unconstitutional and violative of Articles 14, 19(1)(g), 21, 298 and 300A of the Constitutional of India and Section 23 of the Indian Contract Act, 1872 as the same are unjust, unfair, unreasonable and against the public

Venkata Subramaniam and Velmurugan Vs. M. Dhanapal,

Court : Chennai

Subject : FamilyProperty

Acts : Hindu Succession Act; Transfer of Property Act - Sections 6; Indian Contract Act, 1872 - Sections 23

Reported in : (2002)3MLJ527

affected thereby or (2) [for an unlawful object, or consideration within the meaning of Section 23 of the Indian Contract Act, 1872 (IX of 1872)], or (3) to a person legally disqualified to be transferee.'The Advocate for the respondents submitted … by limitation? 3. Whether the Lower Appellate Court is correct in law in holding Ex.A.1 is hit by Section 6(k) of the Transfer of Property Act, read with Section 23 of the Indian Contract Act as being

Bakshi Dev Raj and anr Vs. Sudheer Kumar

Court : Supreme Court of India

Subject : Contract

Acts : Indian Contract Act, 1872 - Section 23; Code of Civil Procedure (CPC) , 1908 - Order 47, 23, 41, 3 Rule (1), 3, 9, 4, Section 107(2); Indian Penal Code 1860 - Section 420; Constitution of India - Article 141, 136

for the appellants before the High Court was not lawful and in violation of Section 23 of the Indian Contract Act, 1872 and that the second appeal was disposed of without hearing on substantial questions of law framed by the … given by the counsel for the appellants before the High Court was not lawful and in violation of Section 23 of the Indian Contract Act, 1872 and that the second appeal was disposed of without hearing on

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 … over the other ....We need not trouble ourselves with the other sections of the Indian Contract Act except Sections 23 and 24. Section 23 states that the consideration or object of an agreement is lawful unless inter alia