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1 - 10 of 24 (0.53 seconds)The Indian Contract Act, 1872
The Code of Civil Procedure, 1908
Article 14 in Constitution of India [Constitution]
Section 23 in The Indian Contract Act, 1872 [Entire Act]
Indian Oil Corporation Ltd vs Niloufer Siddiqui & Ors on 1 December, 2015
In Nilofer Siddiqui (supra), the Court found that the distributorship
had been terminated arbitrarily and unfairly.
Sardar Carbonic Gas Co. vs Sher-I-Punjab Tading Co. And Ors. on 6 August, 1976
In re Tewkesbury Gas Company Tysoe v.
The Company 1911 2 Ch.279, a company had issued a
series of debentures each of which contained a
covenant by the company that it would 'on or after'
January 1, 1898, pay to' the registered holder of the
debenture the principal sum thereby secured. The
debenture then stated as follows: "The debentures to be
paid off will be determined by ballot, and six calendar
months' notice will be given by the company of the
debentures drawn for payment." The company never
paid off any of the debentures or held any ballot.
Hungerford Investment Trust Limited ... vs Haridas Mundhra & Others on 9 March, 1972
46. A similar view is echoed in Hungerford Investment Trust Ltd. v.
Haridas Mundhra and others AIR 1972 SC 1826 wherein it was held that
though no specific time was provided for payment of purchase money, it has
to be construed as reasonable time under Section 46 of the Contract Act. The
Court, however, held that what is reasonable is a question of fact. The
observation of the Supreme Court reads as under:
Bank Of India & Anr vs K.Mohandas & Ors on 27 March, 2009
47. Learned counsel for the Corporation has relied upon Bank of India v.
K. Mohandas (2009) 5 SCC 313 and Super Poly Fabriks Ltd. v.
Commissioner of Central Excise, Punjab (2008) 11 SCC 398 to argue that
RFA 160/2017 Page 41 of 50
the contract has to be read as a whole. This position is not in dispute.
However, the contract has to be construed as per the principles contained in
Section 46 of the Contract Act.
M/S. Super Poly Fabriks Ltd vs Commissioner Of Central Excise, Punjab on 24 April, 2008
47. Learned counsel for the Corporation has relied upon Bank of India v.
K. Mohandas (2009) 5 SCC 313 and Super Poly Fabriks Ltd. v.
Commissioner of Central Excise, Punjab (2008) 11 SCC 398 to argue that
RFA 160/2017 Page 41 of 50
the contract has to be read as a whole. This position is not in dispute.
However, the contract has to be construed as per the principles contained in
Section 46 of the Contract Act.