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42. The concept of discharge of a contract by "accord and satisfaction" is embodied in Section 63 of the Indian Contract ... arbitration and hence the application of the Respondent under Section 20 of the Indian Arbitration Act should have been allowed and ...decision of this Court in In Re: Interplay Between Arbitration Agreements under the Arbitration and Conciliation Act 1966 and the Indian...
...two three-Judge Benches of this Court on the interpretation of the expression “appropriate Government” in Section 2(1)(a) of the Contract Labour (Regulation and Abolitio...CLRA Act”) and in Section 2(a) of the Industrial Disputes Act, 1947 (for short “the ID Act”) and having regard to the importance of the questi...issued notification under Section 10(1) of the Act prohibiting“employment of contract labour on and from 9-12-1976 for sweeping, cleaning, dusting ...
...contended that IAAI had no valid registration of its establishment under Section 7 of the CLRA Act and therefore the contract labour, namely, the workers employed by ...jurisdiction of the appropriate Government under Section 10 of the Act arises only where the labour contract is genuine and the question whether the ...labour contract and hence the provisions of Section 10 of the Act will not bar either the raising or the adjudication of the dispute. When suc...
...recommendation and in consultation with the Central Advisory Board constituted under Section 10(1) of the Act, issued a notification on 9-12-1976 prohibiting “employment of ...create direct relationship between the principal employer and the contract labour. The erstwhile contract labour have to seek and obtain industrial award under the ID ...the contract labour system under Section 10. The object and purpose of the Act are twofold. As long as the work in an industry is not perennial, the ...
...reference is such as to make that arbitration clause part of the contract.”As per Section 7(5) of the Act, even though the .... (2009) 7 SCC 696, this Court held as under:( & 706-07, paras 13, 22 & 24)13. … Having regard to Section 7(5) of the ...submission, GPL offered to concede and submitted that Section 34(2-A) of the Act may be invoked by Indian subsidiary — FGI, though Section 34(2-A) is not applicable to international comme...
.... It is not the case of MII that the time was of the essence of contract and, thus, in terms of Section 55 of the Indian ...opinion that in the instant case the second part of Section 55 of the Indian Contract Act would be attracted and not the first part....contract, the only remedy available to it in terms of Section 55 of the Indian Contract Act was to revoke the contract upon giving a notice th...
...September 3, 1965 and June 7, 1967 passed under Section 10(15)(iv)(c) of the Indian Income Tax Act, 1961 the Government of India granted exemption to G.E.C from payment ...Section 33 or in a suit which is of that nature as is the case here. On the other hand counsel for G.E.C contended that the schemes of the Foreign Awards Act and ...dealing with the scheme of Sections 31, 32 and 33 and as also the scope of the Section 33 of the Arbitration Act, 1940 this Court has noted ...
...an Indian State having accrued out of such business carried on in such State are exempted under the third proviso to Section 5 of the Excess Profit Tax Act....be said to wholly arise in India within the meaning of Section 4-A(c)(b) of the Act and that there should be allocation of the income between the vario...of the contract and the provisions of DTAA.93. What is relevant is receipt or accrual of income, as would be evident from a plain reading of ...
...void or voidable or unconcluded by one of the parties.84. The scope and ambit of the provision contained in Section 16 of the ...under Section 45 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Indian Arbitration Act, 1996”). The Bombay Suit and the...vacated, and the application under Section 45 of the Indian Arbitration Act, 1996 was allowed. The aforesaid order dated 27-8-2009 was challenged by the appellants herei...
...of the contract vis-à-vis the notification issued under Section 40 of the Reserve Bank of India Act also fell for their consideration. Such a question of law, i...S.B Sinha, J.— Whether jurisdiction of an arbitrator to interpret a contract can be the subject-matter of an objection under Section 30 of the Arbitration ...between the parties, were entitled to go into the question of the construction of contract and they, thus, having the requisite jurisdiction therefor, the High ...
...distinction to be drawn between invalidity and inadmissibility of documents. Certain statutes and sections render documents invalid if they are not stamped. No section of the ...back in 1961, a four Judges' Bench of this Court had examined the interplay between Sections 35 and 36 of the Stamp Act to hold that Section 36 is categorical in ...not enforceable in law, unless it is duly stamped. Therefore, even a plain reading of Section 11(6-A), when read with Section 7(2) of the 1996 Act and Section 2(h) ...
...a price
12 and that a bargain between the parties was not an essential element. But the scheme of the ...partnership, and the scheme necessarily posits that all these transactions are based on agreements. We then come to the Indian Sale of Goods Act, 1930, which repealed Ch. VII of ...) [1955] 1 S.C.R. 243.
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of the English Sale of Goods Act, 1893, the ...
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92 In re: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act 1996 and the ...: Interplay between Arbitration Agreements under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899, ...provisions of the Income Tax Act and certain other legislations as defined under Section 2(1)(b) of TOLA. The Finance Act 2021 amended the provisions dealing with ...
...Rs 24,000, the Court referred to Section 74 of the Indian Contract Act and observed that Section 74 deals with the measure of damages in two classes ...that in case where there is clear violation of Sections 28 to 31 of the Act or the terms of the contract between the parties, the said award can be ...present his case. Section 19 specifically provides that the Arbitral Tribunal is not bound by the Code of Civil Procedure, 1908 or the Indian Evidence Act, 1872 and parties are f...
...petition filed by the respondent herein under Section 11(6) of the Arbitration and Conciliation Act, 1996 (“the Act”, for short), whereby he appointed a retired Judge as ...appellant.6. The two appeals and the application under Section 9 of the Act were disposed of by a common order dated 20-1-2006 by the learned ...dismissed both the appeals but allowed the application under Section 9 of the Act and restrained the appellant herein from interrupting the supply of petroleum ...
...the land, construct the houses, acquire, hold and dispose of property and to contract and do all things necessary for the purposes of the Act, (Preambl...under Article 254 of the Constitution.33. Section 55 of the Act read with the schedule made an express incorporation of the pro...amendments to Section 6 did not become part of the Act and they have no effect on the operation of the provisions of the Act....
...contract of personal service”.18. In Section 3 of the Act it is declared that the provisions of the Act shall be in add...damages in respect of such loss (Section 7). Section 8 of the Indian Act was undoubtedly drawn with Section 8 of the English Act before the dr...under the Consumer Protection Act, 1986 (68 of 1986). The answer to this question depends on the interpretation of Section 9 of the Carriers ...
...added words make no material difference to the issue at hand as Section 3 of the Consumer Act remains completely un-amended and unaffected.Thus, the interplay between .... Thus, in their reading of the amendment, there is no intention to alter the interplay between the provisions of the Arbitration Act and the Consumer ...provisions in the said Act becomes the “judicial authority”, exercising the jurisdiction as a “judicial authority” under section 8 of the Arbitration Act.Therefore, there is no ...
...terms agreed to between the insurer and the insured. The insurance policy, though a contract, the insurer, under Section 149(1) of the Act, cannot avoi...was not covered under the contract of insurance.
51. In (2016) 3 SCC 100 between Lakhmichand ...the statutory purview of Section 149 (2) of the Act are considered as defendable conditions by the insurer. However, all those conditions can be enforced between the ins...
...the ground that s. 69(3) was wrongly interpreted and the bar afforded by it was wrongly disallowed. Section 69 of the Indian
Partnership Act may be...inter se or between partners and the firm for the purpose of .enforcing a right arising from a contract or conferred by the Partnership Act unless the firm is registered...s. 8(2) of the Indian Arbitration Act was not appli- cable as it was not expressly provided in the arbitration clause quoted above that the arbitrators were to be by consent of ...