Judgment Search Results Home > Cases Phrase: indian contract act 1872 Court: orissa Page 9 of about 5,618 results (0.097 seconds)

Sita Dei Vs. Daitary Mohanty and ors.

Court : Orissa

Reported in : AIR1964Ori224

..... to it clarifies the position that an unregistered document, affecting immoveable property and required to be compulsorily registered either under the registration act or under the transfer of property act, may be received as evidence of contract in a suit for specific performance. ..... ran be used is a contract for sale and the present suit is properly constituted as one for specific performance of the contract.the next question arises whether the plaintiffs are precluded from bringing such a suit once they resorted to the machinery under sections 71 to 76 of the registration act for getting the narrow relief ..... the relief of possession does not come within the scope of a suit under section 77 of the registration act which is limited to a decree for directing the document to be registered in the sub-registrar's office if it is duly presented for registration within 30 days after the ..... the reliefs have arisen, the plaintiffs could be confined to the sole relief of getting the document registered, merely because they had resorted to the machinery under sections 71 to 76 of the registration act.so far as this court is concerned, the matter is concluded by a bench decision reported in rajan patro v. ..... essence, amounts to that once the plaintiffs have resorted to the machinery provided under the indian registration act, for getting the sale-deed (ex. ..... before the registrar under section 73 of the indian registration act which was rejected on 30-4-1953 under section 76 of the registratian, act. .....

Keshab Chandra Nayak Vs. Laxmidhar Nayak and ors.

Court : Orissa

Reported in : AIR1993Ori1; 74(1992)CLT539

..... to be looked into is whether consideration had passed and, if so, who had paid the same; even then, a sham transaction in which no consideration is passed has to be regarded as void in view of what has been stated in section 25 of the indian contract act, 1972 unless the transaction be one of the three types of which mention has been made in that section. ..... but when, a reference to section 25 of the indian contract act itself shows that an agreement made without consideration may not be always ..... this apart, a reference to section 53(2) of the transfer of property act shows that transfer of immovable property made without consideration, which would be a case of sham transaction par excellence, shall be voidable at the option of a subsequent transferee if the transfer in question was with intent to defraud ..... consolidation of holdings act, it is agreed at all hands that the law laid down in that case would be applicable to the case at hand also which is concerned with the provisions finding place in the orissa consolidation of holdings and prevention of fragmentation of land act, 1972, inasmcuh as section 4(4) of this act is in pari materia with section 5(2) of the ..... the authorities under the act are vested with the powers under section 51(1) to decide all questions relating to right, title, interest and liability in ..... as to indian law, it was stated that in a benami transaction of the first kind ..... section 51 of the orissa act, which is the only other relevant provision, does notalter this .....

Tapanga Light Foundry and ors. Vs. State Bank of India, Khurda and ors ...

Court : Orissa

Reported in : AIR1987Ori174

..... on consideration of the above principles and the provision of section 176 of the indian contract act, it is clear that the pawner is entitled to reasonable notice before sale of the pawnedgoods and the provisions are mandatory in character.point no. 3 : --11. ..... therefore, they cannot turn back and say that there was no compliance of section 176 of the indian contract act and had no reasonable notice of sale of the pledged goods.point no. 4 : --13. ..... the provisions of section 176 of the indian contract act are of mandatory character. ..... learned counsel for the petitioners contended that there was no compliance of section 176 of the indian contract act, which is mandatory in character. ..... 2) whether section 176 of the indian contract act is of mandatory character. ..... learned counsel for the petitioners contended that the petitioners had no notice for sale of the pawned goods according to section 176 of the indian contract act. ..... in order that that provision should not be made nugatory, the proper interpretation to put on section 176 is to hold notwithstanding any contract to the contrary notice has to be given. ..... at the time of entering into a contract of pledge the pawner cannot agree to waive notice as it would be inconsistent with the provisions of section 176. .....

Hakimatun Nisa Bibi Vs. Md. FakiruddIn Khan and ors.

Court : Orissa

Reported in : 75(1993)CLT457; 1993(I)OLR90

..... where the compromise is void or voidable under the indian contract act, it shall not be deemed to be lawful as provided in the explanation to order 23, rule. ..... as has been provided in order 23, rule 3, explanation, the compromise would not be lawful where it is void or voidable under the contract act. .....

Sri Ramakrishna Sharma Vs. State Bank of India

Court : Orissa

Reported in : 1997(II)OLR319

..... such a contention of the petitioner is untenable on the face of it in view of the contract between the petitioner and the bank, and more so, in view of the provisions contained in the indian contract act authorising a pownee to sell the pledged materials to realise the dues. ..... while there cannot be any quarrel over the proposition elucidated by the supreme court, or the principle contained in section 171 of the contract act, one should not lose sight of the fact that in the present case, the gold had been pledged with the bank as a security for debt incurred by the petitioner with the understanding that on repayment of ..... it is contained that as per the terms of agreement with the petitioner and the provisions of the contract act, the bank has every right to put the pledged ornaments to auction in order to realise the amount due from the borrower.4 ..... therefore, keeping in view the provisions contained in sections 173 and 174 of the contract act, it cannot be said that the bank has a right to retain the goods pledged for any purpose other than the ..... since such specific provisions are there in the contract act relating to the rights and obligations of pawner and pawnee, the opposite party cannot fall back upon the general provision relating to lien of bankers, ..... fact, the transaction with the bank can be said to be covered under the provisions contained in section 172 and as such is subject to the subsequent provisions of the contract act as contained in sections 173 and 174 thereof. .....

Rahas Bihari Das and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : AIR1995Ori23; 78(1994)CLT716

..... - (1) no person shall be admitted as a member of- (a) a primary society, except individuals competent to enter into a contract under section 11 of the indian contract act, 1872, residing in the area of operation of the society as specified in its bye-laws, and the state or central government, or both such governments, as the case may be : ..... may, 1994, is nothing but a malicious act on the part of the managing director for expousing the cause of shri mohapatra who had been installed twice, but has been prevented because of the orders of the court from functioning ..... as the members of the apex body without examining the requirement of sound, business of those non-housing primary societies, firms and private limited companies, is contrary to section 7 of the act and such decision on the eve of the election notice, election notice having been issued on 17th of may, 1994, and the order admitting new societies having been made on 16th of ..... the society- (i) if in the opinion of the registrar, the committee of any society persistently makes default or is negligent in the performance of the duties imposed on it by this act or the bye-laws, or commits any act which is prejudicial to the interest of the society or its members, or is otherwise not functioning properly the registrar may, after giving the committee a reasonable opportunity of being heard within .....

Satya Prakash Mahana and Others Vs. Rabikanta Singh and anr.

Court : Orissa

..... in this regard the provisions of section 201 of the indian contract act 1872 and section 3 of the power of attorney act are pressed into service. ..... section 201 of the indian contract act lays down inter alia that an agency stands terminated on the occasion of the death of either the principal or the agent. ..... that apart, section 208 of the contract act lays down that the termination of the authority of an agent does not, so far as regards the agent, take effect before it becomes known to him, or so far as regards third persons, before it becomes known to them. ..... same observation is applicable to the operation of section 3 of the power of attorney act, 1882.6. .....

Basanti Mohanty Vs. Brahmanand Das and ors.

Court : Orissa

Reported in : AIR1996Ori85

..... it is used in the same sense as in section 77 of the indian contract act, 1872 (in short, the 'contract act'). ..... , air 1967 sc 200 (sic), though 'price' is not defined in the act, it is used in the same sense as in the sale of goods act, 1930 (in short, the 'sale act'), and means the money consideration for the sale of goods. ..... price is the essence of a contract for sale, and unless price is fixed, there is no enforceable contract, because if no price is named law does not imply, as in the case of a sale of goods, a contract to buy at a reasonable price. ..... in all sales it is evident that price is an essential ingredient and that where it is neither ascertained nor rendered ascertainable the contract is void for incompleteness, and incapable of enforcement. ..... section 54 of the transfer of property act, 1882 (in short, the 'act') is a part of chapter iii dealing with sale of immoveable property. ..... this is a non-possessory charge in terms of section 55(4)(b) of the act.7. .....

Balaram Rout. Vs. State of Orissa Rep.Principal and ors.

Court : Orissa

..... the reasons stated supra, the impugned act has been passed in absolute contravention of article 254(2) so much of it as is repugnant to or inconsistent with the existing law as embodied in the code of civil procedure, the indian contract act and the transfer of property act and therefore the impugned act must be declared to be void. ..... validity of part iii regarding confiscation of the monies and properties of the accused persons who were facing the criminal trial in the special court constituted under the said act by the state government for speedy disposal is also held to be legal and valid and does not affect either the fundamental rights or constitutional rights and the same are ..... to make it clear as to class or classes, group or group of persons and the area or areas that were being covered by the jurisdiction of the special judges appointed for the purpose whereas the state act in the corresponding section 3 (1) requires the state government to make a notification for appointment of special courts, without further specifying the class or classes, group or group of persons, area or the areas or ..... in this writ petitions are concerned, it is contended by the learned senior counsel shri padhi that article 254 (1) is not available to the petitioners for the reason that undisputedly the act has received the assent of the president after satisfying from the documents sent by the state government as directed by the office of the governor with regard to the various clauses of the .....

Bipendra Pradhan Vs. Rabindra Narayan Das and ors.

Court : Orissa

Reported in : AIR1973Ori98

..... finds that the plaintiff-appellant is a mere volunteer and, therefore, is not entitled to claim subrogation under section 92 of the transfer of property act or reimbursement under section 69 of the indian contract act. ..... the sale effected by baikunthanath in favour of the plaintiff it has been held that there was no erroneous representation within the meaning of section 43 of the transfer of property act and accordingly the plaintiff cannot have recourse to that section and contend that he had an absolute title to the suit land at the time the property was sold in the ..... the distinguishing feature between subrogation by operation of law, as provided under the first paragraph of section 92 of the transfer of property act, and subrogation by agreement provided under the third paragraph of the said section is that in the former the .person having a pre-existing interest in the property discharges the prior mortgage to ..... to the auction purchaser and the sale of such interest is not vitiated for want of notice undersection 7 of the public demands re-covery act the plaintiff's suit was accordingly dismissed by the trial court. ..... the said certificate proceeding was filed on the 15th august, 1940 and notice thereof under section 7 of the public demands recovery act was served on the 10th march, 1941 on the certificate debtor no. ..... 1941 by the express terms of section 8 (a) of the said act the private transfer made by baikunthanath in favour of the plaintiff is void against the claim enforceable .....