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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: mumbai aurangabad Page 1 of about 270 results (0.014 seconds)

Feb 14 2013 (HC)

Videocon Industries Ltd. Vs. Rajesh Kumar Kedia

Court : Mumbai Aurangabad

..... them shall be tried in any one of such courts is not contrary to public policy and in no way contravenes section 28 of the indian contract act, 1872. therefore, if on the facts of a given case more than one court has jurisdiction, parties by their consent may limit the jurisdiction to one ..... agreement that one of the courts having such jurisdiction alone shall try dispute is not contrary to public policy and does not contravene section 28 of the contract act. in the facts of the case in hand, as observed earlier, the plaintiff has not brought anything on record to show that there is an ..... agreement that one of the courts having such jurisdiction alone shall try dispute is not contrary to public policy and does not contravene section 28 of the contract act. he also placed reliance upon the judgment of the supreme court in case of laxman prasad v. prodigy electronics ltd. and anr. (air 2008 sc ..... where he has such temporary residence. explanation ii.-a corporation shall be deemed to carry on business at its sole or principal office in {subs. by act 2 of 1951, s.3, for "the states".} (india) or, in respect of any cause of action arising at any place where it has also ..... narrated in the revision application, are as under: it is the case of the petitioner that the petitioner company is a company incorporated under the companies act, 1956. the plaintiff company is carrying on business of manufacturing and sale of various electronic items such as colour television sets etc. and home appliances. .....

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Feb 06 2013 (HC)

Godawari Marathwada Irrigation Development Corporation, Through Its Ex ...

Court : Mumbai Aurangabad

..... to acknowledgment of time barred claim. the definition of promise to pay a debt barred by limitation law is mentioned in section 25 of the indian contract act, 1872, it reads as under:- ??25. agreement without consideration, void, uncles it is in writing and registered, or is a promise to compensate for ..... of the district judge: 1] that the claim was time barred and 2] shri mudiraj was not suitable person to act as arbitrator because he was connected to the contract work in question. 16. the point of limitation is required to be decided mostly on facts that is the reason why ..... officers of the corporation became quite active in getting the appeal decided. the contractor demanded that officers of the corporation who were connected to his contract work should be called for the purpose of appeal which was pending before the superintending engineer shri mudiraj. 11. however, before the appeal could ..... para no.9), one cannot expect him to accept the responsibility as arbitrator. besides, he admittedly acted as one of the authorities appointed by clause 52. he thus was certainly connected to the contract. unfortunately, the learned district judge did not examine the facts of this case and probably did ..... (henceforth be referred to as ??the act). 2. facts leading to the appeal in short can be stated as under: way back in the year 1986 the appellant corporation awarded an irrigation work contract to the respondent company (hereinafter be referred to as the contractor). the estimated cost of the .....

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Aug 01 2014 (HC)

The Osmanabad Janata Sahakari Bank Ltd. Vs. Pandharinath Gyanba Gunale ...

Court : Mumbai Aurangabad

..... to be a lease from month to month. the term ??contract ? used in section 106(1) is necessarily an agreement enforceable under the contract act. in section 4 of the t.p. act it is made clear that the provisions of the contract act 1872 are applicable whenever any section of the t.p. act relates to contract. section 4 further shows that for the purpose of section ..... 107 of the t.p. act provisions of indian registration act 1908 are applicable. there is similar ..... of the indian registration act there is also reference ..... mention in section 49 of the indian registration act. in section 17 .....

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Jul 09 2015 (HC)

Sureshkumar and Others Vs. The State of Maharashtra and Another

Court : Mumbai Aurangabad

..... made. it prima facie appears to be a matter of bailment and lien being asserted by the service centre for payment of dues. prima facie section 170 of the indian contract act, 1872 appears to be relevant. we are not entering into the question as to which of these rival parties is justified in its stand. what is material here is that there .....

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Sep 28 2011 (HC)

Abedali Khan S/O Rahematali Khan Vs. Devidas S/O Dhonduji Poghe

Court : Mumbai Aurangabad

..... learned counsel for the petitioner emphasised on the explanation which states that an agreement or compromise, which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule, then this cannot be considered as a valid compromise. considering ..... the terms of the compromise entered into by the parties and recorded by the court, this compromise or an agreement is not a void or voidable under the indian contract act ..... and, therefore, explanation is not applicable to it. the amendment enables a compromise entered into between the parties is as per their satisfaction, free will and agreement, executable even though not covered under the statutory provision of section 16 of the maharashtra rent control act. 14. ..... of the compromise, which is recorded by the court is to be honoured by the parties. 16. thus, there is no bar on parties contracting out compromise under order 23 rule 3 of the code of procedure, even for vacating the rental premises and consequential eviction on failure to vacate the ..... was not maintainable under section 96 (3) of the code of civil procedure. this is so because a consent decree is nothing but a contract between the parties superimposed with the seal of approval of the court. in the said appeal, the court held that when the decree is .....

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Apr 22 2014 (HC)

M/S Soft-touch Computer Vs. the State of Maharashtra and Others

Court : Mumbai Aurangabad

..... judicial magistrate, first class would refer to the application exh. 34 as was filed by the advocate for accused and would properly read the same with section 59 of the contract act, 1872. as specific, dispute on that count has not been raised in courts below and i refrain from giving any directions. 18. observations in this judgment based on documents from ..... the amount involved in the complaint concerned but towards other dues. according to learned counsel, the complainant cannot be allowed to do so in view of section 59 of the contract act, 1872 which lays down that where a debtor, owing several distinct debts to one person, makes a payment to him, either with express intimation, or under circumstances implying that the ..... due respect, i have reservations. i find myself bound by clear provisions which i propose to discuss. 11. it would be appropriate to reproduce section 138 of the negotiable instruments act to appreciate the present dispute. ignoring the explanation below the section, section 138 reads as under: "138. dishonourof cheque for insufficiency, etc., of funds in the account:- where any ..... 2- complainant. the judicial magistrate, first class rejected the application. on 17.4.2013, the petitioner- accused filed another application vide exh. 68 under section 147 of the negotiable instruments act, claiming that the complaint be disposed holding that there is compromise which took place between the petitioner and respondent no.2 as he has repaid the amount of cheque which .....

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Jan 29 2013 (HC)

Akhil Mansuklal Mehta Vs. Sheetal Deepak Karamchandani

Court : Mumbai Aurangabad

..... that the provisions of order xxii rule 3 of c.p.c. clearly contemplated that agreement or terms which is void or voidable under the indian contract act 1872 shall not be deemed to be lawful and therefore, instead of rejecting the application at exh.17, the trial court ought to have conducted proper ..... rule 23 of the code further makes legislative intent more clear by specifying that an agreement or compromise which is void or voidable under the indian contract act shall not be deemed to be lawful within the meaning of the rule. the purpose of effecting a compromise between the parties is to put ..... and order, it is crystal clear that the court has, in detail, considered the submissions of the parties and also adverted to the provisions of contract act, other relevant provisions and the judgments cited by the parties and rejected the application exh.17 filed by the petitioner. the findings recorded by the ..... 1), (3) and 151 of c.p.c. has taken a view that the compromise suit must be lawful and signed by the parties. where contract itself is fraudulent, it is void and unlawful. whether compromise lawful or void or voidable to be decided by the same court which entertained the compromise petition ..... for the compromise by filing pursis. the compromise pursis were read and recorded by the court. it is further submitted that when the compromise terms are acted upon and admittedly the petitioner has received an amount of rs.1 crore and 45 lacs for the property bearing survey no. 51/2a, situated at .....

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Jan 22 2015 (HC)

Suhash Vs. Sachin and Another

Court : Mumbai Aurangabad

..... trial court acquitting respondent no.1 - original accused cannot be maintained. according to him, the trial court erred in invoking section 23 illustration (f) of the indian act of 1872, (hereinafter referred to as "contract act" for short). he submits that the complainant has proved that respondent no.1- accused had received money from him for securing the job, but he did not secure ..... and illegal activity the machinery of the court can be used for recovery of such money, which is clearly against public policy. 8. illustration (f) of section 23 of the contract act refers to "public service". it is only an illustration which is required to be referred for guidance to interpret the main section. section 23 reads as under: "23. what considerations ..... the appellant submits that against such transaction cheque issued, bounced. the matter was relating to private service and not public service and so illustration (f) of section 23 of the contract act could not have been invoked by the trial court. learned counsel for the appellant placed reliance on the judgment in the case of fancis mathew vs. state of kerla reported ..... . thus complainant demanded money back. then, cheque was issued by accused which, however bounced and then prosecution under section 138 of the negotiable instruments act was filed. 6. the trial court invoked section 23 of the contract act and relied on illustration (f) and has acquitted respondent no.1-accused. 7. i have gone through the judgment in the matter fancis mathew .....

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Mar 09 2011 (HC)

Babasaheb S/O Raosaheb Malba Vs. Raosaheb S/O Dattatraya Bandgar and o ...

Court : Mumbai Aurangabad

..... , on behalf of deft. no.1, it was submitted that the said surrender deed dated 20.1.1976 (exh.98) is not registered under section 17 of the indian registration act, and therefore, the same cannot be of any aid and assistance to the case of the plaintiffs. in the said context, learned counsel for plaintiffs submitted that section 49 of ..... the indian registration act, speaks of the effect of non registration of the document which is required to be registered, and further argued that the provisions of section 49 of the said ..... act lay down that an unregistered document may be received in evidence only for collateral purposes. it was canvassed that even if a document is compulsorily registrable and ought to have .....

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Dec 10 2015 (HC)

Kashinath (Deceased) through legal representatives: and Others Vs. Osm ...

Court : Mumbai Aurangabad

..... or vouch concluded scheme for financing the transaction. it is already observed that the nature of proof of readiness and willingness to perform the part of contract depends on facts and circumstances of each and every case. 52. in the result, the appeal stands dismissed. the learned counsel for appellants requests ..... making payment would arise if the court directs to deposit and the plaintiff fails to tender it. it was the suit for specific performance of contract of reconveyance and there was alternate prayer for redemption of mortgage. in view of the nature of the matter, such observations were made. in ..... all these circumstances are against the case of plaintiff that there was agreement of sale and he was ready and willing to perform his part of contract. 42. the learned counsel for appellant submitted in the present proceeding that defendants failed to prove that they were in need of money for purchasing ..... on the case reported as air 1982 supreme court 20 [smt. gangabai vs. smt. chhabubai]. the relevant observations are as under:- "(b) evidence act (1 of 1872),s.92(1)-bar of, as to adducing of oral evidence applicability. the bar imposed by sub-sec.(1) of section 92 applies only when ..... decree of special civil suit no. 51/1980 is allowed by the district court and the decree given by the trial court of specific performance of contract is set aside. the original plaintiff has filed the present appeal. both the sides are heard. 2. two agricultural lands like land bearing survey no .....

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