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Ballarpur Industries Ltd. And Anr vs The State Of Mah. Thr. Secty., Dept. Of ... on 6 March, 2020
cites
Section 4 in Indian Companies Act, 1913 [Entire Act]
Indian Companies Act, 1913
The Companies Act, 1956
Section 62 in The Indian Contract Act, 1872 [Entire Act]
Citi Bank N.A vs Standard Chartered Bank & Others on 8 October, 2003
17. Section 62 of the Indian Contract Act deals with the effect of
novation, rescission or alteration of the contract entered into between the
parties, and it states that if the parties to a contract agree to substitute new
contract for it, or to rescind or alter it, the original contract need not be
performed. Thus, the novation, rescission or alteration of the contract can
be done only with the agreement of both the parties to the contract and it
cannot be unilateral (City Bank of N.A. v. Standard Chartered Bank and
others, reported in (2004) 1 SCC 12). In view of the overriding effect given
to Section 3 of the Act of 1982 on the provisions contained in any law for the
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time being in force, the principle of law contained in Section 62 of the Indian
Contract Act would not be available by way of defence to urge that there
cannot be unilateral change, amendment, substitution or alteration of the
terms and conditions of the contract entered into between the parties.
Article 14 in Constitution of India [Constitution]
Union Of India & Anr vs Cynamide India Ltd. & Anr on 10 April, 1987
In the landmark decision of the Apex Court in the case of
Union of India and another v. Cynamide India Ltd. and another, reported in
(1987) 2 SCC 720, one of the principal objectives of price fixation stated, is
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to fetter and curb profiteering in the scarce resources of the community
keeping up to the directive in Article 39(b) of the Constitution. It is held that
a price fixation measure does not concern itself with the interests of an
individual manufacturer or producer. It is generally in relation to a particular
commodity or class of commodities or transactions. It is a direction of a
general character, not directed against a particular situation. It is intended
to operate in the future. It is conceived in the interests of the general
consumer public. The right of the citizen to obtain essential articles at fair
prices and the duty of the State to so provide them are transformed into the
power of the State to fix prices and the obligation of the producer to charge
no more than the price fixed.