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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: madhya pradesh Year: 2011 Page 1 of about 18 results (0.065 seconds)

May 05 2011 (HC)

inklab Chaturvedi. Vs. Ansar Mohammad

Court : Madhya Pradesh

Decided on : May-05-2011

..... that the agreement under which money was paid was void because its object was not lawfulvide section 10 and 23 of the indian contract act, 1872. 3. the argument overlooks that under section 65 of the indian contract act, when an agreement is discovered to be void or a contract becomes void, any person which has received any advantage under the such an agreement or ..... contract is bound to restore it or to make compensation for it to the person from who he received it. thus, while the agreement being void ..... and learned counsel for the respondent. 2. the argument of the learned counsel for the petitioner is that in view of the explanation in section 138 of the negotiable instrument act only a debt or liability which is legally enforceable can form a subject matter of the dishonour of a cheque. he submits that in this case, the money for which .....

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Oct 20 2011 (HC)

M/S. Gaurav Enterprises Vs. the State Bank of India and Others

Court : Madhya Pradesh

Decided on : Oct-20-2011

..... that section 2(2) of the sarfaesi act provides that words and expressions used and not defined in this act but defined in the indian contract act, 1872 or the transfer of property act, 1882 or the companies act, 1956 or the security and exchange board of india act, 1992 shall have the same meanings respectively ..... assigned to them in those acts. shri gupta submits that words transfer and sale are not defined in the sarfaesi act ..... takes place when the seller places the buyer, or such person as he directs, in possession of the property. contract for sale.-- a contract for the sale of immoveable property is a contract that a sale of such property shall take place on terms settled between the parties. it does not, of ..... learned counsel for the borrowers is without any basis and contrary to the provisions contained in sub-section (8) of section 13 of the act. the crux of contention before the single judge of madras high court by the borrower was that even after issuance of sale certificate the right ..... itself, create any interest in or charge on such property. 6. it is the further stand of the learned counsel for the respondents that as per section 13(8) of the sarfaesi act .....

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Jul 12 2011 (HC)

Ashish Verma Vs. Neeraj Vyas and Others

Court : Madhya Pradesh Indore

Decided on : Jul-12-2011

..... claimed right to participate in the said partnership business. thus, obviously, the suit of the plaintiff is for enforcement of a right arising out of the contract of partnership and not independent of it. plaintiff has nowhere pleaded that the firm is already dissolved. thus, the suit of the plaintiff is not covered by ..... perusal of the plaint averments and reliefs claimed therein, it is clear that the suit for share in the business of partnership firm has arisen from a contract of partnership. plaintiff has claimed money from the defendant/revisionist as his share in the partnership business. further, in view of the status of the plaintiff as ..... the provisions of sub-sections (1) and (2) shall apply also to a claim of set-off or other proceeding to enforce a right arising from a contract, but shall not affect,- (a) the enforcement of any right to sue for the dissolution of a firm or for accounts of a dissolved firm, or any ..... is or has been shown in the register of firms as a partner in the firm. (2) no suit to enforce a right arising from a contract shall be instituted in any court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are ..... be allowed in the light of plaint averments and section 69 of the india partnership act, which reads as follows:- 69. effect of non-registration.-(1) no suit to enforce a right arising from a contract or conferred by this act shall be instituted in any court by or on behalf of any person suing as .....

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Apr 18 2011 (HC)

Smt. Mamta Shukla Vs. State of M.P. and Others

Court : Madhya Pradesh

Decided on : Apr-18-2011

..... entitled to such allowances and rate and amount thereof; and proceedings to obtain and payment of such pensions. 22. in its strict sense a pension is not a matter of contract, and is not founded on any legal liability, it is a mere bounty or gratuity springing from the appreciation and consciousness of the sovereign, and it may be given or ..... certain percentage correlated to the emoluments earlier drawn. its payment is dependent upon an additional condition of impeccable behaviour even subsequent to retirement. that is, since the cessation of the contract of service and that it can be reduced or withdrawn as a disciplinary measure. 21. in corpus juris secundum, vol. 70, at p. 423, it is stated that the title ..... laws of any part of the great britain; or (3) the benefits under the scheme or arrangements are secured by a contract of assurance or an annuity contract which is made with: (a) an insurance company to which the insurance companies act, 1982 applies; or (b) a registered friendly society; or (c) an industrial and provident society registered under the industrial and provident ..... societies act, 1965; or (4) the benefits under the scheme or arrangement are secured by any regulation or other instrument, not being a .....

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Feb 11 2011 (HC)

Ram Bhuwan ShuklA. Vs. the State of Madhya Pradesh.

Court : Madhya Pradesh Jabalpur

Decided on : Feb-11-2011

..... with due and faithful discharge of his duty in service, it is misconduct (see: pierce v. foster 17 q.b. 536, 542). a disregard of an essential condition of the contract of service may constitute misconduct [see: laws v. london chronicle (indicator newspapers), (1959) 1 wlr 698]. this view was adopted in shardaprasad onkarprasad tiwari v. divisional superintendent, central railway ..... is upheld as the petitioner is negligent for having caused this loss to the government and a substituted penalty of stoppage of one increment without cumulative effect for the act of commission and omission of the petitioner is sufficient to meet the ends of justice. 15- respondents are directed to comply with the order passed and grant the ..... punished by ordering recovery of 50% of the amount and further a punishment of stoppage of one increment without cumulative effect will meet the ends of justice, for the act of commission and omission on the part of the petitioner. normally a writ court is not supposed to interfere with the orders of punishment imposed by the disciplinary authority, ..... was stated:'5. misconduct has been defined in black's law dictionary, sixth edition at page 999, thus:'a transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behavior, willful in character, improper or wrong behavior, its synonyms are misdemeanor, misdeed, misbehavior, delinquency, impropriety, mismanagement, offense, but not negligence or carelessness.' .....

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Oct 19 2011 (HC)

Gei Industrial Systems Ltd. Vs. Bharat Heavy Electricals Ltd.

Court : Madhya Pradesh

Decided on : Oct-19-2011

Reported in : 2012AIR(MP)44

..... brian dsilva, learned senior advocate appearing for the petitioner, invited my attention to the material available on record and made an oral submission to be effect that the contract was executed in the standard form, which had an arbitration agreement, but the said agreement is not available with the petitioner. learned senior advocate submits that the existence of ..... an order for 12 coolers with the petitioner, to be supplied in two stages to 6 coolers each. the respondent placed the order and time was the essence of contract. the petitioner immediately procured sufficient raw materials for manufacturing 12 coolers, the cost of each ran into crores of rupees. however, by a subsequent communication arbitrarily the number ..... relationship. according to the petitioner, the oil and natural gas corporation (hereinafter referred to as ongc for short),a government of india undertaking, placed certain contract with the respondent, for the purpose of supplying process gas compressor coolers. the respondent, therefore, invited a limited public tender, where the offer of the petitioner was found to ..... . 2. petitioner company claims to be a company incorporated under the companies act having its registered office in 26-a, industrial area, govindpura, bhopal. it is stated that the petitioner is a reputed company involved in heavy engineering works and has executed various contracts even for the respondent. it is stated that the parties are having long standing business .....

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Oct 20 2011 (HC)

Dinesh Nagda Vs. Shantibai

Court : Madhya Pradesh

Decided on : Oct-20-2011

..... by bhuralal and placed reliance upon the evidence relating to his adoption. the trial court also examined the plea of the respondent that the appellant had contracted second marriage with radhabai, but the trial court did not record any definite finding in this regard. thus, the trial court dismissed the suit. 6 ..... is a clear case of irretrievable breakdown of marriage. 20. so far as the issue of desertion is concerned, section 13(1)(ib) of the act requires desertion for a continuous period of not less than two years immediately preceding the presentation of the divorce petition. in the present case, the respondent ..... /1992 in criminal case no.1767/1992 (ex.d.1) by cjm, neemuch. 14. the cruelty has not been defined under the hindu marriage act, but by way of several judicial pronouncements the concept and scope of physical and mental cruelty has been elaborated. it is the settled position in law ..... entitled to the decree of divorce under section 13(1)(ib) of the act on the ground of desertion by the respondent ? 10. the first issue as to whether the appellant has successfully proved the cruelty on the part of ..... issues arise for determination in this appeal:- (1) whether the appellant is entitled to the decree of divorce under section 13(1)(ia) of the hindu marriage act on the ground of cruelty by the respondent ? (2) whether it is a case of irretrievable breakdown of marriage ? (3) whether the appellant is .....

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Apr 20 2011 (HC)

Wasim Anwar. Vs. Smt. Rabia Begum

Court : Madhya Pradesh

Decided on : Apr-20-2011

..... .64/09 by which an application filed by the appellant under section 10 of the guardians and wards act, 1890 was dismissed. 3. learned counsel for appellant challenged the aforesaid order on the following grounds:- (i) appellant is urdu teacher and is engaged on contract. (ii) the respondent is residing with her brothers who are residing in slum area while the appellant .....

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Jul 22 2011 (HC)

Niranjankumar Awasthi Vs. Ajay Vijaywargiya and Another

Court : Madhya Pradesh Indore

Decided on : Jul-22-2011

..... the suit accommodation from om prakash vijaywargiya, through a broker bhavesh patel. thus, the defendant who is the tenant of om prakash vijaywargiya had no privity of contract with kamal kishore shrivastava. the sale deed executed in respect of the suit accommodation was not by om prakash vijaywargiya, but by kamal kishore who had no ..... 42,000/- being one year's rent. valuation pertaining to arrears of rent, germane for the purpose of ground under section 12 (1) (a) of the act has not been made. 5. it has been contended by the learned counsel shri a.k.chatterjee, appearing for the appellant that there being no relationship of ..... no.54-a/2007, directing thereby eviction on the ground under section 12 (1) (a) and (e) of the m.p. accommodation control act, 1961 (hereinafter referred to as the act). 2. relevant facts in short are that plaintiff/respondents purchased the suit accommodation from one kamal kishore shrivastava son of chandravilas shrivastava, vide registered sale ..... defendant having not paid the arrears of rent and having not made compliance of section 13 (1) of the act is definitely liable to be evicted on the ground under section 12 (1)(a) of the act. in this appeal also, defendant has not deposited rent as per the mandate of section 13 (1) of ..... the act. thus, no fault is found in the decree on the ground under section 12 (1) (a). 11. accordingly, the impugned judgment and decree .....

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May 18 2011 (TRI)

National Insurance Company Ltd. Vs. Pushpa Singh

Court : Madya Pradesh State Consumer Disputes Redressal Commission SCDRC Bhopal

Decided on : May-18-2011

..... provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorize the use of the vehicle as a contract carriage: provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorize the use of the vehicle ..... of honble apex court referred to above (supra). though two-member bench of this commission, in a similar matter of violation of provisions of m.v. act, 1988 for plying vehicle without valid fitness certificate held repudiation of claim to be valid, however, as company was willing to grant insured amount on an ..... as reflected by exs. d/7, 8 and 9, the insurance company repudiated their liability to pay the damages. 3. section 66 of the motor vehicles act, 1988 provides for necessity for permits and sub-section (1) lays down as under: ??66. necessity for permits ??(1) no owner of a motor vehicle ..... act or some other act. it is not the case of the insurance company that the policy is a statutory policy. it is further stated in para 14: ..... 2007) cpj 347 (nc), observed that the alleged breach of not having the permit was with regard to the provisions of motor vehicles act. therefore, the question would be whether the insurance company can repudiate the claim on the alleged ground of breach of some provisions of the motor vehicles .....

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