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Judgment Search Results Home > Cases Phrase: contract act 1872 Year: 2011 Page 10 of about 4,001 results (0.128 seconds)

Jan 21 2011 (HC)

Vijai Singh Vs. Samar Singh and Another

Court : Allahabad

Decided on : Jan-21-2011

..... sufficient cause for not preferring the appeal or making the application within such period. 29. savings. (1) nothing in this act shall affect section 25 of the indian contract act, 1872. (9 of 1872.) (2) where any special or local law prescribes for any suit, appeal or application a period of limitation different from ..... question of extending the time could therefore arise. we therefore think that the high court misdirected itself in referring to section 5 of the limitation act." 6. thereafter there are several other authorities of the supreme court taking similar view. the two latest authorities of the supreme court reported in ..... or making the application within such period." the collector to whom the application was made was not a court, though section 15 of the act vested him with certain specified powers under the code of civil procedure; also, the kind of application that was made had no time limit ..... 5 could be invoked in connection with the application made on october 17, 1965 by the first respondent. under section 5 of the limitation act an appeal or application '' may be admitted after the prescribed period if the appellant or applicant satisfies the court that he had sufficient cause for ..... 2. this writ petition is directed against order dated 29.10.1997 passed by district registrar, jalaun in an appeal under section 72 of registration act 1908 samar singh vs. vijai singh. through the impugned order 3 months and 24 days delay in filing appeal has been condoned. the sale .....

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Oct 14 2011 (HC)

Parshav Nath JaIn Mandir Trust Vs. Avtar Singh

Court : Rajasthan

Decided on : Oct-14-2011

Reported in : 2012AIR(Raj)39

..... that rent tribunal shall, in deciding such petitions to which provisions contained in chapter ii and iii of this act do not apply, have due regard to the provisions of transfer of property act, 1882 (act no.4 of 1882) the indian contract act, 1872 (act no.9 of 1872), or any other substantive law applicable to such matter in the same manner in which such law would ..... have been applied had the dispute been brought before a civil court by way of suit. provided further that nothing contained in this act shall be deemed to ..... empower the rent tribunal to entertain a petition involving such dispute between landlord and tenant to which provisions of the rajasthan public premises (eviction of unauthorised occupants) act, 1964 (act no.2 of 1965) and the rajasthan premises (requisition and eviction) ordinance, 1949 apply. (2) where the petition only for recovery of unpaid rent or arrears of rent ..... . 10. the contention of learned counsel for the respondent plaintiff tenant that present suit is for specific performance and, therefore, is not covered within the scope of rent control act, 2001 is misconceived. merely titling the suit as suit for specific performance, which is substance seeks resolution of dispute between the parties as landlord and tenant cannot oust the jurisdiction .....

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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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Oct 13 2011 (HC)

Madhukar Govindrao Thaware and ors. Vs. Central Bank of India

Court : Mumbai Nagpur

Decided on : Oct-13-2011

..... court that he had sufficient cause for not preferring the appeal or making the application within such period." "29. savings.- (1) nothing in this act shall affect section 25 of the indian contract act, 1872 (9 of 1872). (2) where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the ..... consuming normal litigation process when their funds have been blocked in the unproductive assets. speedy recovery of such assets is critical for the successful implementation of financial reforms. the act by setting up of the special tribunals with special powers for adjudication of such matters and speedy recovery aimed at the successful implementation of the financial sector reforms. an ..... has willfully or consciously omitted to incorporate the enabling provision of condoning the delay to prefer appeal within prescribed period (unlike in proviso to section 20(3) of the act of the discretion enabling the drat to entertain appeal beyond prescribed period of statutorily prescribed limitation of 45 days) by not making provision analogous to section 5 of the ..... has passed the enactment. in union of india vs. delhi high court bar association reported in air 2002 sc 1479 the apex court upholding constitutional validity of the rddbfi act observed thus : "the very purpose of establishing the tribunal being to expedite the disposal of the applications filed by the banks and financial institutions for realisation of money, .....

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Feb 04 2011 (HC)

Mansukhbhai Manjibhai Patel Andd anr. Vs. Saurashtra Cooperative Bank ...

Court : Gujarat

Decided on : Feb-04-2011

..... security only. therefore, according to the learned advocate, the liability of the guarantor had ceased to operate taking into consideration the provisions of sections 138 to 142 of the indian contract act, 1872. an incidental submission was also to the effect that the guarantor and the purchaser had been impleaded as parties to the suit merely because the manager of respondent-bank and ..... . the second ground on which the jurisdiction of board of nominees has been challenged is applicability of provisions of the recovery of debts due to banks and financial institutions act, 1993 (rdb act). in other words, it is submitted that considering the amount which the respondent-bank is seeking to recover, namely, rs.31 lacs and odd, only the provisions of rdb ..... constitution.3. it appears that some time in 2003 lavad case no.2336 of 2003 came to be instituted under section 48(4) of the gujarat co-operative societies act, 1961 (the act) by the respondent-bank and the borrower, guarantor and the purchaser were respectively imp leaded as respondent nos. 1, 3 and 4 respectively in the said suit. the said ..... act can be made applicable and the provisions of the act cannot be invoked by the respondent-bank. in support of the aforesaid two propositions, reliance has been placed on a decision of this court in the .....

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Dec 17 2011 (HC)

Amrutdhara Dudh Utpadak Vs. the General Elections of the Board of Dire ...

Court : Mumbai

Decided on : Dec-17-2011

..... the provisions of section 24, no person shall be admitted as a member of a society except the following, that is to say - (a) an individual, who is competent to contract under the indian contract act, 1872 ; (b) a firm, company or any other body corporate constituted under any law for the time being in force, or a society registered under the societies registration ..... act, 1860; (c) a society registered, or deemed to be registered, under this act ; (d) the state government or the central government (e) a local auathority ; (f) a public trust registered under any ..... communicated the petitioners about the status of their membership, then in such circumstances, by deeming fiction as is laid down in sub section ( 2 ) of section 22 of the said act, the petitioners would be deemed to be the members of respondent no. 4 - federal society. sub section ( 2 ) of section 22 is clear and unambiguous. the moment the period ..... no dispute in regard to the payment of the share deposit amount and the entrance fees. in such circumstances, section 22 ( 2 ) of the maharashtra co-operative societies act, 1960 [ for short, ' said act ' ] would come into operation. respondent no. 4 never communicated to the petitioners that their application for membershipis rejected. in view of the same, the petitioners would be .....

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May 25 2011 (HC)

Birbal Dass Vs. Himachal Pradesh Subordinate Service Selection Board a ...

Court : Himachal Pradesh

Decided on : May-25-2011

..... appointed. [ question no. 81 reads thus: 81. the maximum number of partners in a firm has been specified by (a) the partnership act, 1932 (b) the companies act, 1956 (c) the contract act, 1872 (d) none of these 6. as per o.m.r., petitioner has marked choice b. mr. adarsh k. vashista, learned counsel for ..... the petitioner has drawn the attention of the court to section-11 of the companies act, 1956, which reads thus: 11. prohibition of associations and partnerships ..... object the acquisition of gain by the company, association or partnership, or by the individual members thereof, unless it is registered as a company under this act, or is formed in pursuance of some other indian law. (3) this section shall not apply to a joint family as such carrying on a ..... of more than ten persons shall be formed for the purpose of carrying on the business of banking, unless it is registered as a company under this act, or is formed in pursuance of some other indian law. (2) no company, association or partnership consisting of more than twenty persons shall be ..... 20.05.2010. the result was declared by the respondent vide annexure p-2-a on 27.07.2010. petitioner sought information under the right to information act qua question papers alongwith his o.m.r.. the same was supplied to him vide annexures p-3 and p-4. 2. mr. adarsh k. .....

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Mar 30 2011 (HC)

Indian Bank Employees Union. Vs. M.A.Zubaida Ammal, and ors.

Court : Chennai

Decided on : Mar-30-2011

..... of the calculation which was to make it certain should be found therein. the agreement in the present case was a typical illustration of a contingent contract within the meaning of section 31 of the contract act and became enforceable as soon as the event of redemption (by the plaintiff herself) happened. under the agreement the date for the defendants to execute the ..... . in jamshed khodaram irani v. burjorji dhunjibhai the judicial committee of the privy council observed that the principle underlying section 55 of the contract act did not differ from those which obtained under the law of england as regards contracts for sale of land. the judicial committee observed :"under that law equity, which governs the rights of the parties in cases of specific ..... have a material bearing on the first question have already been set out. section 55 of the contract act which deals with the consequences of failure to perform an executory contract at or before the stipulated time provides by the first paragraph:"when a party to a contract promises to do a certain thing at or before a specified time, or certain things at ..... early english decisions, that in the case of agreement of sale relating to immovable property, time is not of the essence of the contract unless specifically provided to that effect. the period of limitation prescribed by the limitation act for filing a suit is three years. from these two circumstances, it does not follow that any and every suit for specific performance .....

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Apr 19 2011 (HC)

Bharat Sanchar Nigam Ltd. Vs. Bwl Ltd.

Court : Delhi

Decided on : Apr-19-2011

..... than reproduce the relevant paragraphs:-64. it is apparent from the aforesaid reasoning recorded by the arbitral tribunal that it failed to consider sections 73 and 74 of the indian contract act and the ratio laid down in fateh chand case wherein it is specifically held that jurisdiction of the court to award compensation in case of breach of ..... understanding, it would be totally unjustified to arrive at the conclusion that the party who has committed breach of the contract is not liable to pay compensation. it would be against the specific provisions of sections 73 and 74 of the indian contract act. there was nothing on record that compensation contemplated by the parties was in any way unreasonable. it has been ..... state is to strive to minimise the inequality in income and eliminate inequality in status between individuals or groups of people. the state has intervened with the freedom of contract and interposed by making statutory law like rent acts, debt relief acts, tenancy acts, social welfare and industrial laws and statutory rules prescribing conditions of service and a host of other laws. all these ..... specifically mentioned that it was an agreed genuine pre-estimate of damages duly agreed by the parties. it was also mentioned that the liquidated damages are not by way of penalty. it was also provided in the contract that such .....

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Apr 15 2011 (SC)

Deb Ratan Biswas and Others. Vs. Most. Anand Moyi Devi and Others.

Court : Supreme Court of India

Decided on : Apr-15-2011

..... amounts to implied revocation of power of attorney in favour of dr. sanjeev kumar mishra vide illustration to section 207 of the indian contract act. pushpa biswas and apurva kumar biswas cannot be allowed to say that their own act of signing the compromise petition was collusive and fraudulent.10. the learned subordinate judge-v, bhagalpur has gone into the evidence in great ..... the principal can act on his own.13. for the reasons given above this appeal is allowed. the impugned judgment and order of the high court is set aside and the order dated 7 ..... should have been mentioned in the compromise petition. this also is a strange reasoning. it is well-settled that even after execution of a power of attorney the principal can act independently and does not have to take the consent of the attorney. the attorney is after all only an agent of the principal. even after executing a power of attorney ..... filed at the instance of only one of the attorneys was not maintainable, as according to the terms of the power of attorney both the constituted attorneys were entrusted to act jointly. hence, he dismissed the miscellaneous case filed by dr. sanjeev kumar mishra.7. against that order dated 7.6.2002, the respondents herein filed a civil revision being civil .....

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