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Bhanumathy Agencies Vs. Karur Vysya Bank Ltd. and anr.

Court : Chennai

Subject : BankingContract

Acts : Indian Contract Act, 1872 - Sections 69 and 70

Reported in : [2001]104CompCas454(Mad)

between the first respondent and the appellant ; that under such circumstances, Sections 69 and 70 of the Indian Contract Act will come into operation and, therefore, the contentions of the appellant that the suit was bad for misjoinder

M.S. Devoraj Vs. S.V. Krishnamurthy

Court : Karnataka

Subject : Commercial

Acts : Indian Contract Act - Sections 69 and 70

Reported in : AIR1969Kant350; AIR1969Mys350; (1969)2MysLJ580

the admitted facts of this case would bring the case within the scope of section 70 of the Indian Contract Act. I may here mention that it is not the case of the appellant that the claim of the … the plaintiff comes within the scope of Section 69 of the Contract Act or that the provisions of Sections 230 and 233 of the said Act would apply to the facts of this case. So, the only

Govindram Gordhandas Seksaria Vs. the State of Gondal

Court : Mumbai

Subject : Civil

Reported in : (1950)52BOMLR450

interest which the law recognised in the mill property prevented any right arising under Section 69 of the Indian Contract Act, 1872. For some reason which is not clear to their Lordships the learned Judges appear to have considered … the Maharajah had made a contract with Mr. Seksaria into which were imported by law the provisions of Section 55 of the Transfer of Property Act. The result of that was to impose upon him an obligation

Chentilnathan Chettiar Vs. Peri V. Sp. Manickam Chettiar

Court : Chennai

Subject : Contract

Acts : Indian Contract Act - Sections 69

Reported in : AIR1966Mad426

plaintiff could not be said to be interested in the payment. In the result, Section 69 of the Indian Contract Act, on the basis of which action was laid, was held to have no application, and the suit dismissed. … found however, that the plaintiff could not be said to be interested in the payment. In the result, Section 69 of the Indian Contract Act, on the basis of which action was laid, was held to have

R. Baskar Bhat Vs. Hindustan Petroleum Corporation Ltd., Chennai

Court : Chennai

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 106 and 114; Indian Contract Act, 1872 - Sections 69 and 70

Reported in : AIR2002Mad330; (2002)2MLJ214

to unjust enrichment, which is opposed to the principles laid down under Sections 69 and 70 of the Indian Contract Act. (iv)Since the rent due for the months of February and March, 1997 was a dispute due to the

M. Vedachala Mudaliar and anr. Vs. S. Rangaraju Naidu

Court : Chennai

Subject : Direct Taxation

Acts : Indian Partnership Act; Indian Income-tax Act - Sections 6, 28, 28(1), 28(3) and 63(2); Law Reform (Married Women and Tort feasors) Act, 1935; Indian Contract Act - Sections 69

Reported in : AIR1960Mad457; [1960]39ITR308(Mad)

cannot sue the other for contribution.(16) The learned counsel for the appellant relied on Sec. 69 of the Indian Contract Act, for relief. Sec. 69 enacts,"A person who is interested in the payment of money which another is bound … to tax were completed, the Income-tax Officer proceeded to take action under S.28 of the Act. Under that section, if the Income-tax Officer is satisfied that any person has concealed the particulars of his income or deliberately

Maddi Sudarsanam and ors. Vs. Borogu Viswanadham Brothers and ors.

Court : Andhra Pradesh

Subject : Commercial

Acts : Partnership Act, 1932 - Sections 39, 42, 63(1), 63(2) and 69(2); Indian Contract Act - Sections 253(7)

Reported in : AIR1955AP12

39, 42, 63 (1), 63 (2) and 69 (2) of Partnership Act, 1932 and Section 253 (7) of Indian Contract Act - issue to be decided is Section 69 (1) acting as bar to maintainability of suit - under … dissolution and its consequences. Pollock and Mulla in their book on the Indian Partnership Act summarise the relevant sections at page 113 as follows:'We have now rules, mainly following those laid down in the English Act, for

Bharat Sarvodaya Mills Co. Ltd. Vs. Mohatta Brothers Overruled

Court : Gujarat

Subject : Civil

Acts : Partnership Act, 1932 - Sections 4, 30, 31(1), 31(2), 32, 32(3), 34, 39, 40, 41, 42, 43, 44, 58, 59, 60, 61, 62, 63, 63(1), 69(2) and 69(3); Code of Civil Procedure (CPC), 1908 - Sections 86 and 87B - Order 30, Rules 1, 1(1), 1(2), 2, 2(1), 2(2), 2(3) and 4; Indian Contract Act, 1872 - Sections 45 and 70; Constitution of India - Article 133(1)

Reported in : AIR1969Guj178; (1969)GLR457

equally by all the partners who are compromises and all of whom are under Section 45 of the Indian Contract Act, 1872, joined together in enforcing the promise against a third party promisor. The suit by a firm as … requirement of Section 69(2) cannot be fulfilled. Mr. Nanavati on the other hand pointed out a number of sections in the Act to show that the expression 'firm' has been loosely used. Section 31(1) provides that subject

M/S. Raptakos Brett and Co. Ltd. Vs. Ganesh Property

Court : Supreme Court of India

Subject : Tenancy

Acts : Partnership Act, 1932 - Sections 56, 57, 58, 59 and 69(2); Transfer of Property Act - Sections 4, 5(1), 108, 111 and 116; Code of Civil Procedure (CPC) - Sections 80 - Order 7 Rules 11 and 13 - Order 23 Rule 1 - Order 40 Rule 1; Indian Arbitration Act, 1940 - Sections 8(2); Karnataka Cinemas (Regulation) Act - Rule 6; Indian Railways Act - Sections 77; Indian Contract Act, 1972; Indian Contract Act, 1872 - Sections 1; Companies Act, 1913 - Sections 171; Limitation Act, 1963

Reported in : 1998VIIAD(SC)37; AIR1998SC3085; (1999)1CALLT22(SC); 1999(1)CTC175; JT1998(6)SC289; 1998(5)SCALE195; (1998)7SCC184; [1998]Supp1SCR485

that chapters and sections of this Act which relate to contracts shall be taken as part of the Indian Contract Act, 1972. Our attention, in this connection, also was invited to Section 1 of the Indian Contract Act, 1872 … whether on the averments in the plaint, the suit can be said to have been barred Under Section 69 Sub-section (2) of the Partnership Act as that is the only bar which is relied upon by the

Rajabu Fathima Buhari and anr. Vs. S.V. Ramakrishna Mudaliar and ors.

Court : Chennai

Subject : PropertyContract

Acts : Transfer of Property Act - Sections 69; Indian Contract Act; Specific Relief Act

Reported in : AIR1973Mad70

is vague and inadmissible in evidence, that it does not constitute a contract under the provisions of the Indian Contract Act, that the same is not enforceable under the provisions of the Specific Relief Act, and the present suit … principal amounts borrowed was about Rs. 1,23,000, and the mortgagees were conferred the power of private sale under Section 69 of the Transfer of Property Act. Interest was largely in arrears in respect of all these mortgages