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DELHI HIGH COURT

Year of decision: 2017
Details

Indian Contract Act, 1872, Section 73, 74 -- Breach of contract - Damages - Suit for recovery - As per admitted facts on record defendant neither as per its written statement nor as per its evidence led, ever pleaded and proved that any loss has been caused to defendant on account of failure by plaintiff to take dealership of defendant - Hence, defendant cannot forfeit..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Indian Contract Act, 1872, Section 74 -- Breach of contract - Forfeiture of earnest money or security for due performance of contract - It is necessary that contract must contain a stipulation of forfeiture - If there is no stipulation in the contract of forfeiture, there is no such right available to the party to forfeit the sum...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Indian Contract Act, 1872, Section 74 -- Breach of contract - Forfeiture of earnest money - Public auction - Stipulation as to security amount deposited by bidder is liable for forfeiture by State not mentioned in the advertisement - Even contingencies in which such right of forfeiture can be exercised by State not stipulated - State thus have no right to forfeit the..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Indian Contract Act, 1872, Section 74 -- Public auction - Breach of contract - Non-compliance of four conditions by bidder - Four conditions not accepted by bidder were not the part of public notice, nor they ever communicated to bidders before auction proceedings - Since those four conditions were added unilaterally and communicated to bidder/appellant by respondent no.2..........

HYDERABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 13, Rule 10, Evidence Act, 1872, Section 74 -- Income tax returns - Income tax returns are public documents within the meaning of S.74 of Evidence Act - There is no embargo for the Court to summon the Income Tax returns of a person...........

HYDERABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 13, Rule 10, Evidence Act, 1872, Section 73, 74 -- Comparison of disputed with admitted signatures - Summoning of Income Tax Returns - Plea that disputed document does not contain the date, month and year of execution - Income Tax Returns sought to be summoned pertains to the period 2000-2001 - Disputed document also executed on or after..........

KERALA HIGH COURT

Year of decision: 2016
Details

Evidence Act, 1872, Section 74, 75 -- Private document - All documents other than those mentioned u/s 74 of Act, are private documents...........

KERALA HIGH COURT

Year of decision: 2016
Details

Evidence Act, 1872, Section 63, 65, 74, Registration Act, 1908, Section 57 -- Secondary evidence - Registered document - Registered document properly executed by parties is not a public document - It is certainly a private document - True copy of document presented for registration, which has been entered in books of registration, kept as per law is public document falling..........

KERALA HIGH COURT

Year of decision: 2016
Details

Registration Act, 1908, Section 57, Evidence Act, 1872, Section 63, 65, 74 -- Secondary evidence - Conflict between registered document and certified copy of document issued by registering authority - Original document should prevail...........

KERALA HIGH COURT

Year of decision: 2016
Details

Registration Act, 1908, Section 57, Evidence Act, 1872, Section 63, 65, 74 -- Secondary evidence - If there is only secondary evidence of transaction in form of certified copy issued from Registrar's office and recitals in document do not match with contentions of party to document, remedy is to seek rectification of document before asserting any claim on basis of that..........

Showing : 11-20 of 123 Results