Judgment Search Results Home > Cases Phrase: indian short titles act 1897 Court: delhi Page 6 of about 5,569 results (0.104 seconds)

Daiichi Sankyo Company Limited vs.malvinder Mohan Singh and Ors

Court : Delhi

..... reproduced in the plaint and which at this stage have to be accepted as true and which have turned out to be misrepresentation, under the indian law, such a contract is voidable at the instance of the plaintiff and the remedy of the plaintiff is to rescind the contract of employment in accordance with section 66 of the contract act or to insist that the contract be performed and that the plaintiff be put in the position in which he would have been, if the ..... , in substance, are the two remedies given in english law on contract in a case where consent has been induced by fraud; but both under english and indian law it must be proved that the consent of the party who claims to avoid the contract was caused by fraud or misrepresentation and that he was actually deceived ..... letter of the present paragraph, b may insist on completing the contract and the difference between the actual and the stated value being paid to him and his successors in title by a and a s successors in title for all time. ..... for determination therefore in the case is whether the shares handed over to the plaintiff were an equivalent for the money paid or whether they fell short of being the equivalent and if so, to what extent. ..... the assets are an equivalent, he is not damaged; so far as they fall short of being an equivalent, in that proportion he is damaged.16. ..... scc705: air2003sc2629 (for short ongc ). ..... nothing short of that will put him in the position in which he would have been if the representations made .....

Raj Kumari Sharma Vs. Rajinder Nath Dewan and ors.

Court : Delhi

Reported in : AIR1987Delhi323; 1987(13)DRJ139

..... the rules of construction of wills are contained in chapter vi of indian succession a.ct, 1925 (for short called the succession act) in sections 74 to 111 and we will only refer to the provisions relied ..... d-28, p-12 p-9, p-18 and to the oral evidence of the plaintiff that she never dealt with the property or asserted any right, title or interest; on the contrary she made admissions against her interest by dealing as attorney of her son and of consenting to the mutation of the property in favor of her ..... the only contention raised is that if shri rajinder nath dewan holds no title in 5, doctor's lane, new delhi, then none could be conveyed by his attorney in favor of defendants 3 to ..... satyawati had absolutely no right to surrender any right, title and interest in any manner whatsoever and in fact she was prohibited from transferring the ..... she had absolutely no right to surrender any right, title or interest in the said property in any manner and in fact she was prohibited from transferring the ..... view of our findings on issues 8 and 9 the sale-deed could not affect the right, title and interest of the plaintiff and defendants 6 to 8. ..... had absolutely no right to surrender any right, title and interest in any manner whatsoever. ..... 1 do not claim any right, title and interest in respect of the said ..... dewan had herself disowned right, title or interest in the property no ..... main thrust of the arguments of shri arun mohan before the learned single judge was that whatever right, title or interest smt. .....

Asian Hotels Ltd., Bhikaji Cama Place Vs. D.D.A. Vikas Minar, I.P.Esta ...

Court : Delhi

Reported in : 1998IVAD(Delhi)708; 1998(46)DRJ310

..... :_ (a) a contract which, if made between private persons, would by law be required to be in writing signed by the parties to be charged therewith, may be made on behalf of the company in writing signed by any person acting under its authority, express or implied, and may in the same manner be varied or discharged; (b) a contract which, if made between private persons, would by law be valid although made by parol only and not reduced into ..... posed the question for decision in the following terms:-'can a private limited company, which came into existence and was incorporated subsequent to the last date notified under the act for receipt of such applications, ratify the application of the promoter in such manner that the ratification dated back to the date of the application itself and thereby ..... time of accepting the earnest money that the same was paid out of the foreign exchange remittance through indian overseas bank, janpath, new delhi and cannot make the grievance that they were not aware of the ..... granting the necessary approval, (because, we understand, that the officer in charge has had to proceed on leave at a very short notice), we may be constrained to request you to grant us the extension of time to make the payment by 8-10 days.'8. ..... the board should ratify all the acts of mr.c.l.jhunjhunuwala in the said direction regarding the acquisition of leasehold rights in respect of the said plot of land mentioned hereinabove and take over all rights, title and interest in the said leasehold .....

Hindustan Fertilizer Corporation Ltd. Vs. Great Eastern Shipping Co. L ...

Court : Delhi

Reported in : 74(1998)DLT82; 1998(46)DRJ344; (1998)120PLR25

..... according to section 1 of the indian bills of lading act, a bill of lading is a document of title signed by the ship-owner or by the master or other agent of the ship-owner which states that certain specified goods have been shipped upon a particular ship and which purports to set out ..... the above said endorsement may be sufficient to indicate that the title in the cargo had been transferred to the endorsee but there could be a simple endorsement to receive the delivery of the goods just as an agent or servant or contractors to receive the delivery of the goods just as an agent or servant or contractors acting on behalf of owner of the property, who would not become entitle to file a suit simply on the ground that the endorsement has been ..... under the contract between the consignor and the railway the places where the cause of action could be said to have arisen could only be a place where the goods were consigned or where the short delivery was alleged to be made or damage occurred, that alone could furnish a cause of action.... ..... in the cargo/goods was not intended to pass to the petitioner section 1 of the indian bills of lading act would not be of any help to the petitioner. ..... since it is apparent that neither title in the cargo nor in the claim has been transferred by the endorsement made on behalf of union of india, the petitioner could not take shelter under section 130 of the transfer of property act for the position of petitioner is just of an agent who could not sue in his .....

M/S. Boots Pharmaceuticals Ltd. Vs. Rajinder Mohindra and anr.

Court : Delhi

..... of the plaintiff is that the notification dated 25.05.1993 does not permit the defendants to retain the property as it was a general permission granted under the notification to the foreign citizens of indian origin to acquire and dispose of the immovable property subject to certain conditions and, therefore, the defendants cannot take advantage of the same as it is not applicable in the facts and ..... to be executed by the defendant in favour of the plaintiff on receipt of balance price and the defendant was to deliver vacant possession of the remaining property and clear title deeds of the property.the court passed the decree for specific performance while considering the admitted facts between the parties. ..... (m.a series) circular no.3 dated 20.1.1992, general permission under section 31(1) of the foreign exchange regulation act, 1973, has been granted to foreign citizens of indian origin whether resident in india or not to acquire, hold, transfer or dispose of by sale or inheritance, immoveable properties situated in india subject, interalia, to the condition that the sale ..... 1989 was entered into under great pressure and fear of prosecution under the foreign exchange and regulation act, 1973 (in short fera') and was an act of taking advantage on the plaintiff's part, amounting to coercion and undue influence. 10. ..... of india (in short rbi) stated that it would prosecute the defendants under the provisions of fera if the demised premises were not sold to an indian national resident. .....

Kusum Sanghi and ors. Vs. Raj Kishan Das

Court : Delhi

..... estoppel is a rule of evidence and the general rule is enacted in section 115 of the indian evidence act, 1872 (in short the evidence act ) which lays down that when one person has by his declaration, act or omission caused or permitted another person to believe a thing to be true and to act upon that belief, neither he not his representative shall be allowed in any suit or proceeding between himself and such person or his representative to deny the truth of that ..... judge of this court observed as follows: in my opinion, the appellate court is also otherwise correct because as per section 115 of the evidence act, 1872, once a person having a belief that he is the owner of a plot, constructs on a plot and the real owner stands by then such real owner is estopped from claiming any title in the plot inasmuch as by standing by he has given a representation that the person who constructs on the plot had complete entitlement to ..... he also relied upon the aforesaid judgment to contend that when a man knowing fully well that he has no title to property spends money on improving it, he cannot be permitted to deprive the original owner of his right of possession of the ..... plaintiff duly acknowledged and accepted that the basement and the ground floor of the property belonged to and vest in defendant no.2 and the plaintiff did not raise any claim adverse to the right, title and interest of defendant no.2 in the basement and ground floor of the property as well as in share in the plot of land. .....

Sayed Mohd. Ahmad Kazmi Vs. Union of India and ors.

Court : Delhi

..... in terms of sub-sections (3) and (4) of section 22, court of additional session judge 02, patiala house courts, new delhi, had all powers and had to follow the procedure under chapter iv of nia act as a court of session of the division initially as a special court had not been constituted and as a special court after the constitution of the special court in terms of and under sub-section (4) read with ..... the date when the special court is constituted by the state government the trial of any offence investigated by the state government under the provisions of this act, which would have been required to be held before the special court, shall stand transferred to that court on the date on which it is constituted ..... for offences punishable under sections 307, 323, 327 and 120b of the indian penal code (ipc, for short), sections 16/18 of the unlawful activities (prevention) act, 1967 and section 3 of explosive substances act etc. ..... there are good reasons why the petitioner has given up the said challenge in spite of an earlier order dated 17th september, 2013 in writ petition (civil) no.5661/2013 titled javed ahmed tantray and anr. vs. ..... colony, new delhi titled as state vs ..... colony, new delhi titled as state v/s ..... no.6288/2013 titled sayed mohd. ..... court of session of the division for the purpose of criminal procedure code in view of the dictum and as per the ratio of the decision dated 7th october, 2013 in wp(c) no.5598/2013 titled mohd. ..... jj) in writ petition (civil) no.5598/2013 titled mohd. .....

Col. Kalyan Singh Thr. his Lr. Vs. Wimpy International Ltd. and Others

Court : Delhi

..... vacated the interim injunction operating in favor of the plaintiff since 15.12.2004 and had been further pleased to hold that the plaintiff is not the owner of the said land and has got no right, title or interest therein the following terms: "11 it is, thus clear that plaintiff had himself admitted that the suit property belonged to m/s. ..... dewas cine corporation [air 1968 sc 676] to the effect that under the indian partnership act, 1932, property brought into the firm by partners at the stage of initial constitution, or acquired in the course of the business, becomes the property of the firm and a partner is, subject to any special agreement between the partners, ..... it is settled law that where the plaintiff being able to seek further relief than a mere declaration of title, omits to do so, the plaintiff shall be precluded from seeking such consequential reliefs at a belated stage and the court would reject the suit on this ground alone. ..... it was also urged besides that the plaintiff could not assert rights or title over the property as an individual partner, because the firm owned the asset ..... where the plaintiff can seek relief other than a mere declaration of title, but omits to do so, the plaintiff shall be precluded from seeking such consequential reliefs at a belated stage and the court would reject the suit on this ground ..... there are no short-cuts in trial of suits, unless they are provided by ..... wimpy's position in short was that it was the lawful owner of the suit property. .....

Rajiv Narula and Others Vs. Govt. of NCT of Delhi and Others

Court : Delhi

..... airports authority of india manu/de/2575/2014 where, on a conspectus of case law it was held that owing to section 64 of indian easements act, 1882, a licencee, if evicted, even though grounds for revocation of licence do not exist, or is forcefully evicted, his only remedy is to recover compensation from grantor and not to ..... 06.07.2011 as under:- the expression hon'ble high court of delhi passed an order in lpa no.240/2006 titled mcd vs sadhna grover vide which mcd was directed to frame a policy with regard to the coal depots. ..... dated july 06, 2011 the expression hon'ble high court of delhi passed an order in lpa no.240/2006 titled mcd vs sadhna grover vide which mcd was directed to frame a policy with regard to the coal depots ..... stricto senso, section 116 of the evidence act, 1882 may not apply as it only postulates that a licencee is estopped from challenging the title to possession of the licensor at the beginning ..... 116 of the evidence act estops a licensee who came upon any immovable property by a licence, to deny the title of the licensor to ..... in that case, the issue regarding applicability of section 116 of the evidence act, 1882 was in the context of a relationship of landlord and tenant and not that of a ..... filed an affidavit, inter alia, stating as under:- b) it is submitted that the petitioner herein is only an encroacher over the government land and has no right, title and interest in the property in question. ..... and north delhi municipal corporation (in short the mcds') are same. .....

Om Prakash vs.central Bureau of Investigation (Cbi)

Court : Delhi

..... the date on which the copy had been so prepared, a further certificate to that effect, each such certificate being dated and subscribed by the principal accountant or manager of the bank with his name and official title; and consist of printouts of data stored in a floppy, disc, (b) tape or any other electro-magnetic data storage device, a printout of such entry or a copy of such printout together with such statements certified in ..... the cbi rebutting the contention submits that once the prosecution is able to establish prima facie facts which lead to an inference that the appellants acted with a common object then by virtue of section 10 of the indian evidence act, the acts of one would be attributable to others who shared the common object. 4.2. ..... and section 4 of the bankers book evidence act, 1891 (in short the act ) read as under: 2. ..... . learned counsel for the appellant submits that in short the allegations of the prosecution against the appellant are that while working as a draftsman, gr-i in cwc new delhi during the relevant period and maintaining his bank account at punjab ..... . even if an accused holds dominion of a property for a short duration and misappropriates the same to his own use, ingredients of offene punishable ..... in short, the section can be analysed as follows: (1) there shall be a prima facie evidence affording a reasonable ground for a court to believe that two or more persons are members of a conspiracy; (2) if the said condition is fulfilled, anything .....