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Start Free TrialIndian Contract Act, 1872 Section 139
Title: Discharge of Surety by Creditors Act or Omission Impairing Suretys Eventual Remedy
State: Central
Year: 1872
.....to the surety requires him to do, and the eventual remedy of the surety himself against the principal debtor is thereby impaired, the surety is discharged. Illustrations (a) B contracts to build a ship for C for a given sum, to be paid by instalments as the work reaches certain stages. A becomes surety to C for B's due performance of the contract. C, without the knowledge of A, prepays to B the last two instalments. A is discharged by this prepayment. (b) C lends money to B on the security of a joint and several promissory note made in C's favour by B, and by A as surety for B, together with a bill of sale of B's furniture, which gives power to C to sell the furniture, and apply the proceeds in discharge of the note. Subsequently, C sells the furniture, but, owing to his misconduct and wilful negligence, only a small price is realized. A is discharged from liability on the note. (c) A puts M as apprentice to B, and gives a guarantee to B for M's fidelity. B promises on his part that he will at least once a month, see M make up the cash. B omits to see this done as promised, and M embezzles. A is not liable to B of his guarantee.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Chapter 8
Title: Of Indemnity and Guarantee
State: Central
Year: 1872
.....of a certain sum of 200 rupees. This is a contract of indemnity. Section 125 - Rights of indemnity- holder when sued The promisee in a contract of indemnity, acting within the scope of his authority, is entitled to recover from the promisor (1) all damages which he may be compelled to pay in any suit in respect of any matter to which the promise to indemnify applies; (2) all costs which he may be compelled to pay in any such suit if, in bringing or defending it, he did not contravene the orders of the promisor, and acted as it would have been prudent for him to act in the absence of any contract of indemnity, or if the promisor authorized him to bring or defend the suit; (3) all sums which he may have paid under the terms of any compromise of any such suit, if the compromise was not contrary to the orders of the promisor, and was one which it would have been prudent for the promisee to make in the absence of any contract of indemnity, or if the promisor authorized him to compromise the suit. Section 126 - Contract of guarantee, Surety, Principal debtor and creditor A contract of guarantee is a contract to perform the promise, or discharge the liability, of a.....
View Complete Act List Judgments citing this sectionJuvenile Justice Act, 1986 [Repealed] Chapter VII
Title: Miscellaneous
State: Central
Year: 1986
.....passed. Repealing Act 1 - JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000 THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000 [Act, No. 56 of 2000] [30th December, 2000] PREAMBLE An Act to consolidate and amend the law relating to juveniles in conflict with law and children in need of care and protection, by providing for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established under this enactment. Whereas the Constitution has, in several provisions, including clause (3) of article 15, clauses (e) and (f) of article 39, articles 45 and 47, impose on the State a primary responsibility of ensuring that all the needs of children are met and that their basic human rights are fully protected; And Whereas, the General Assembly of the United Nations has adopted the Convention on the Rights of the Child on the 20th November, 1989; And Whereas, the Convention on the Rights of the Child has prescribed a set of standards to.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Part 6
Title: Testamentary Succession
State: Central
Year: 1925
.....of ministers of religion; for the formation or support of a public garden; All these bequests are void. _____________________ 1. Added by Act 51 of 1991, section 6. INDIAN SUCCESSION ACT, 1925Chapter 8 - OF THE VESTING OF LEGACIES Section 119 - Date of vesting of legacy when payment or possession postponed Where by the terms of a bequest the legatee is not entitled to immediate possession of the thing bequeathed, a right to receive it at the proper time shall, unless a contrary intention appears by the will, become vested in the legatee on the testator's death, and shall pass to the legatee's representatives if he dies before that time and without having received the legacy, and in such cases the legacy is from the testator's death said to be vested in interest. Explanation.An intention that a legacy to any person shall not become vested in interest in him is not to be inferred merely from a provision whereby the payment or possession of the thing bequeathed is postponed, or whereby a prior interest therein is bequeathed to some other person, or whereby the income arising from the fund bequeathed is directed to be accumulated until the time of payment arrives,.....
View Complete Act List Judgments citing this sectionContract Act, 1872 Complete Act
State: Central
Year: 1872
CONTRACT ACT, 1872 CONTRACT ACT, 1872 9 of 1872 CHAPTER 00: PRELIMINARY SECTION 01: SHORT TITLE This Act may be called the Indian Contract Act, 1872. Extent and commencement.-It extends to the whole of India except the State of Jammu and Kashmir; and it shall come into force on the first day of September, 1872. Enactments repealed.-Nothing herein contained shall affect the provisions of any Statute, Act or Regulation not hereby expressly repealed, nor any usage or custom of trade, nor any incident of any contract, not inconsistent with the provisions of this Act. SECTION 02: INTERPRETATION CLAUSE. In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from the context :- (a) When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal: (b) When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise: (c) The person making the proposal is called the "promisor",.....
List Judgments citing this sectionThe Maharashtra Land Revenue Code 1966 Complete Act
State: Maharashtra
Year: 1966
.....for the time being in force; and includes premium, rent, lease money, quit rent, judi payable by a Inamdar or any other payment provided under any Act, rule, contract or deed on account of any land; (20) "legal practitioner" has the meaning assigned to it in the Advocates Act, 1961 (2 1) "non-agricultural assessment" means the assessment fixed on any land under the provisions of this Code or rules there under with reference to the use of the land for a non-agricultural purpose; (22) "occupancy" means a portion of land held by an occupant; (23) "occupant" means a holder in actual possession of unalienated land, other than a tenant or Government lessee; provided that, where a holder in actual possession is a tenant, the landholder or the superior landlord, as the case may be, shall be deemed to be the occupant; (24) "occupation" means possession; (25) "to occupy land" means to possess or to take possession of land; (26) "pardi land" means a cultivated land appertaining to houses within a village site; (27) "population" in relation to any area means population as ascertained at the last preceding census of which the, relevant figures have been published; (28) "prescribed" means.....
List Judgments citing this sectionBengal Land Revenue Sales Act, 1859 Complete Act
State: West Bengal
Year: 1859
BENGAL LAND REVENUE SALES ACT, 1859 BENGAL LAND REVENUE SALES ACT, 1859 11 of 1859 4th May, 1859 An Act to improve the law relating to sales of land for arrears of revenue in the Lower Provinces under the Bengal Presidency. Preamble. Whereas it is expedient to discontinue the practice of obtaining the previous sanction of the Board of Revenue to sales of estates for arrears of revenue, or other demands of Government, in the Province of Cuttack; and whereas it is just that a person having a lien upon an estate, and paying the money necessary to protect it from sale for arrears of revenue, should be reasonably secured and whereas it is expedient to afford shares in estates, who duly pay their shares of the sadar jama of their estates, easy means of protecting their shares from sale by reason of the default of their co-sharers ; and whereas it is expedient to afford landholders, particularly absentees, facilities in guarding against the accidental sale of their estates for arrears of revenue by reason of the neglect or fraud of their agents ; and it is therefore proper, for the above and other purposes, to improve the law relating to sales of land for arrears of revenue.....
List Judgments citing this sectionRegistration Act, 1908 Part XI
Title: Of the Duties and Powers of Registering Officers
State: Central
Year: 1908
.....portion so recopied and authenticated." [Note.--Section 8 of the Bombay Act 25 of 1938 runs as follows: "8. Validity of copies made prior to enactment of this Act.--Notwithstanding anything contained in the said Act (i.e. the Indian Registration Act), copies of any of the books mentioned in sub-section (1) of section 51 of the said Act or any portion of such book, prepared before the enactment of this Act and authenticated in pursuance of the order of the Registrar or Inspector-General shall for the purposes of the said Act be deemed to have taken the place of and to be the original book or portion; and all references in the said Act to the original book or portion shall be deemed to be references to the book or portion so prepared and authenticated".] (iii) in sub-section (2), for the words "18 and 89, sub-sections (2) and (4)", substitute the words "and 18 and section 89 except sub-sections (1) and (3) thereof". 10 Orissa: In its application to the State of Orissa, in section 51,-- (a) for sub-section (2), the following sub-section shall be substituted, namely,-- "(2) In Book 1 shall be filed-- (i) true copies of all documents, and (ii) all memoranda, .....
View Complete Act List Judgments citing this sectionRegistration Act, 1908 Section 70
Title: Power of Inspector-general to Remit Fines
State: Central
Year: 1908
.....as admitted for registration; (d) The registering officer shall cause a copy so prepared to be filed, in accordance with the provisions of this Act and such rules as may be prescribed; (e) The true copy of the map or plan if any, mentioned in section 21 may also be filed along with the photocopy of the document or filed separately, in such manner as the Inspector General may direct. (2) All the words and expressions used in the Act with reference to the making of copies or documents by hand or the entering or filing of documents or memorandum in books provided under section 16, shall so far, as may be necessary, be construed as referring to the making of such copies by means of photocopying or the entering or filing of documents or memoranda in books made up of copies prepared by photocopying. (3) Where this Part applies, the sections mentioned below shall be deemed to be modified as follows:-- (a) in section 19, the words "and also by true copy" shall be omitted; (b) in section 20, sub-section (2) shall be omitted; (c) in section 45,-- (i) in sub-section (1), for the words, letter and figure "cause the contents thereof to be copied into his book No. 3", the.....
View Complete Act List Judgments citing this sectionCigarettes (Regulation of Production, Supply and Distribution) Act, 1975 [Repealed] Repealing Act 1
Title: Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003
State: Central
Year: 1975
.....the Central Government or the State Government may, by notification in the Official Gazette, authorise one or more persons who shall be competent to act under this Act: Provided that the person so authorised may, if he has reasonable ground for believing that any person has committed an offence under section 4 or section 6, may detain such person unless the accused person furnishes his name and address, and otherwise satisfies the officer detaining him that he will duly answer any summons or other proceedings which may be taken against him. (2) Any person detained under sub-section (1) shall forthwith be taken before Magistrate to be dealt with according to law. (3) Any person committing an offence under section 4 or section 6 shall be triable for such offence in any place in which he may be or which the State Government may notify in this behalf, as well as in any other place in which he is liable to be tried under any law for the time being in force. (4) Every notification issued under sub-sections (1) and (3) shall be published in the Official Gazette, and a copy thereof shall be exhibited for information to the public in some conspicuous place or places as the State.....
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