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Nalini Nath Mitra and anr. Vs. BepIn Behari Das and ors.
Kolkata
Apr-27-1956
ContractCivil
Specific Relief Act, 1877 - Section 15; ;Code of Civil Procedure (CPC) , 1908 - Section 11 - Order 41, Rule 33
AIR1956Cal525
fixed at one year from the date of the agreement but the defendants later on resiled from the contract and did not execute the necessary lease although requested in that behalf on several occasions by the plaintiff. … Privy Council appeal pending between the parties, is not a final decision within the meaning of Section 11, Civil P. C. In our judgment the present case cannot be covered by the authority of the Privy Council
Tag this Judgment! AI Brief & AskShree Digvijay Cement Co. Ltd. Vs. the State Trading Corporation of In ...
Delhi
Mar-17-2006
ContractCivil
Companies Act, 1956; Indian Contract Act, 1872 - Sections 182, 185, 186, 187, 188 and 222; Import Trade Control Rules; Import Trade Control Regulations; Export Control Orders
AIR2006Delhi276; III(2006)BC405; 2006(2)CTLJ34(Del); 128(2006)DLT319; 2006(89)DRJ207
appointed by the Government of India under the Export Control Order. The defendant Corporation used to enter into Contract with foreign purchasers for sale and export of the Indian cement and to meet its commitment used to … to the Government of IndiaCopy for information and guidance to:-1. Shri Mahesh Prasad, Joint Secretary, Ministry of Commerce, Civil Supplies & Co-operation, Deptt. of Commerce, New Delhi.2. Shri B.C. Malhotra, Group Executive, State Trading Corporation of India,
Tag this Judgment! AI Brief & AskNew Howrah Transport Company Vs. Metal Box India Ltd. and anr.
Chennai
Jan-30-2004
ContractCivil
Carriers Act, 1865 - Sections 8; Code of Civil Procedure (CPC) , 1908 - Sections 34
AIR2004Mad294
the plaint, it would specifically be submitted that under clause 18 of the terms and conditions of the contract entered into between parties at Calcutta on 30-7-1982, the Court in Delhi alone shall have the jurisdiction to … wherein it is held by the Full Bench of the Apex Court regarding the territorial jurisdiction of a Civil Court in a suit for damages against the Corporation, in the following manner (para 13) :--'Where the Corporation
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Gomi Bai and ors. Vs. Uma Rastogi and anr.
Andhra Pradesh
Dec-29-2004
ContractCivil
Code of Civil Procedure (CPC) , 1908 - Order 7, Rules 1 and 2 - Order 8, Rule 5(3); Specific Relief Act, 1963 - Sections 15, 19, 20 and 22(1); Transfer of Property Act - Sections 54; Evidence Act - Sections 102
2005(2)ALD631
1 to 3 obtained permission dated 17.2.1982 from ULC authorities, but later developed evil intention to resile from contract and started interfering with the possession of the plaintiff. The appellant received notice from Special Officer and Competent … she comply with the requirements as per Form Nos. 47 and 48 of First Schedule of Code of Civil Procedure, 1908 (CPC) and that the appellant failed to issue any notice of demand to vendors before filing
Tag this Judgment! AI Brief & AskVishwanath Maharudra Matkari Vs. Jan Mohammed and anr.
Mumbai
Aug-08-1979
ContractCivil
Code of Civil Procedure (CPC), 1908 - Order 21, Rule 92; Indian Contract Act, 1872 - Sections 65 and 72
AIR1982Bom30; ILR1981Bom1222
way of an independent suit even against the decree-holder on the principles analogous to Section 65 of the Contract Act, He, therefore, held that a suit by auction-purchaser for recovery of the purchase money from the decree-holder … what was his remedy? Whether his remedy lay only within the machinery provided by Order 21 of the Civil R. C. Or whether an independent suit was maintainable. (4) What would be the nature of the result?
Tag this Judgment! AI Brief & AskSuraj Singh and anr. Vs. Sohan Lal and ors.
Allahabad
Jul-10-1980
ContractCivil
Specific Relief Act, 1963 - Sections 16; Code of Civil Procedure (CPC) , 1908 - Order 20, Rule 4 - Order 41, Rule 31
AIR1981All330
impleaded as defendant No. 1 in the suit but is a respondent in this appeal. The IIIrd Additional Civil Judge, Meerut, who tried the suit, granted a decree as prayed for by the plaintiffs. The Additional District … come to this Court.2. The plaintiff alleged that through an agreement dated January 17, 1967, the first defendant contracted to convey the plots in question to them for a consideration of Rs. 10368.75 out of which a
Tag this Judgment! AI Brief & AskThe Government of Andhra Pradesh Rep. by Its Principal Secretary, I an ...
Andhra Pradesh
Sep-03-2009
ContractCivil
Code of Civil Procedure (CPC) (Amendment) Act, 1976; Evidence Act - Sections 3; Code of Civil Procedure (CPC) 1908 - Sections 80, 96(3) and 151 - Order 3, Rules 1, 4, 4(1) and 4(2) - Order 12, Rule 6 - Order 20, Rules 2 and 5 - Order 23, Rule 3 and 17 - Order 41, Rule 5; Smugglers and Foreign Exchange Manipulators Forfeiture of Property Act - Sections 7
2010(1)ALT256
10% of the performance Bank Guarantee and the entire balance due to mobilization advance granted in the aforesaid contract works on furnishing bank guarantee through Vijaya Bank, M.G. Road, Secunderabad. As per the terms of contract the … State of Andhra Pradesh and two others against the judgment and decree of the learned Chief Judge, City Civil Court, Hyderabad in O.S. No. 306 of 2008 dated 22.01.2009.2. The appellants, who are defendants in the suit,
Tag this Judgment! AI Brief & AskB.R. Electricals Vs. the Chairman and ors.
Delhi
Jan-03-2003
ContractCivil
Arbitration Act, 1940 - Sections 2, 8, 14, 17, 31 and 33; Constitution of India - Articles 19(6), 226 and 298; Code of Civil Procedure (CPC) - Sections 20
2003IAD(Delhi)536; 2003(1)ARBLR375(Delhi); 102(2003)DLT493; 2003(66)DRJ426; 2003(1)RAJ374
of the reference had been the subject matter of the suit.11. Section 20 of the Code of the Civil Procedure lays down:'Other suits to be instituted where defendants reside or cause of action arises.--Subject to the limitation … declining appointment of an arbitrator to adjudicate upon the alleged disputes between the parties, arising out of various contracts.2. The relevant factual background giving rise to the question of territorial jurisdiction may be noticed briefly.On 21st August,
Tag this Judgment! AI Brief & AskM/S. Kabari Pvt. Ltd. Vs. Shivnath Shroff and Others
Supreme Court of India
Dec-01-1995
CivilContract
Code of Civil Procedure (CPC) - Order 6 and 47, Rule 1 and 18; Urban Land and Ceiling Act; Constitution of India - Article 136
AIR1996SC742; JT1995(8)SC539; 1995(6)SCALE835; (1996)1SCC690; [1997]1SCR538; [1995]Supp6SCR77
plaintiffs respondents Shivnath Shroff and others filed the said Suit No. 531 of 1981 for specific performance of contract in the High Court and on the prayer of the plaintiffs to amend the body of the plaint … Appeal No. 619 of 1992 arising out of Suit No. 531 of 1981 instituted in the ordinary original civil jurisdiction of the Calcutta High Court. The appeals arising out of Special leave petition (Civil) Nos. 6254 and
Tag this Judgment! AI Brief & AskMadhya Pradesh Industrial Development Corporation Limited, a Fully Sta ...
Mumbai
Feb-08-2005
CivilContract
Maharashtra Co-operative Societies Act, 1960 - Sections 91, 92, 92(1), 92(2), 92(3), 94 and 94(4); Limitation Act, 1963; Maharashtra Co-operative Societies Rules, 1961 - Rule 77F; Code of Civil Procedure (CPC), 1908 - Order 37, Rule 3(5)
AIR2005Bom318; 2005(4)ALLMR281
the opponent-Corporation, with interest at the rate of 16% per annum as agreed at the time of initial contract between the parties. The said dispute was filed on or about 20.11.2002, as the Corporation allegedly failed to … that the issues raised by the Corporation in its application filed under Order XXXVII Rule 3(5) of the Civil Procedure Code 1908 were frivolous and the Co-operative Court by its cryptic reasoning failed in gross errors in
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