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Start Free TrialIndian Contract Act, 1872 Section 55
Title: Effect of Failure to Perform at a Fixed Time, in Contract in Which Time is Essential
State: Central
Year: 1872
.....voidable at the option of the promisee, if the intention of the parties was that time should be of the essence of the contract. Effect of such failure when time is not essential If it was not the intention of the parties that time should be of the essence of the contract, the contract does not become voidable by the failure to do such thing at or before the specified time; but the promisee is entitled to compensation from the promisor for any loss occasioned to him by such failure. Effect of acceptance of performance at time other than that agreed upon. - If, in case of a contract voidable on account of the promisor's failure to perform his promise at the time agreed, the promisee accepts performance of such promise at any time other than that agreed, the promisee cannot claim compensation for any loss occasioned by the non-performance of the promise at the time agreed, unless, at the time of such acceptance he gives notice to the promisor of his intention to do so.1 ______________________ 1. Cf. section 62 and 63, infra.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 35
Title: When Contracts Become Void Which Are Contingent on Happening of Specified Event Within Fixed Time
State: Central
Year: 1872
Contingent contracts to do or not to do anything if a specified uncertain event happens within a fixed time become void if, at the expiration of the time fixed, such event has not happened, or if, before the time fixed, such event becomes impossible. When contracts may be enforced which are contingent on specified event not happening within fixed time. Contingent contracts to do or not to do anything if a specified uncertain event does not happen within a fixed time, may be enforced by law when the time fixed has expired and such event has not happened or, before the time fixed has expired, if it becomes certain that such event will not happen. Illustrations (a) A promises to pay B a sum of money if a certain ship returns within a year. The contract may be enforced if the ship returns within the year, and becomes void if the ship is burnt within the year. (b) A promises to pay B a sum of money if a certain ship does not return within a year. The contract may be enforced if the ship does not return within the year, or is burnt within the year.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 46
Title: Time for Performance of Promise, Where No Application is to Be Made and No Time is Specified
State: Central
Year: 1872
Where, by the contract, a promisor is to perform his promise without application by the promisee, and no time for performance is specified, the engagement must be performed within a reasonable time. Explanation.The question "what is a reasonable time" is, in each particular case, a question of fact.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 47
Title: Time and Place for Performance of Promise, Where Time is Specified and No Application to Be Made
State: Central
Year: 1872
When promise is to be performed on a certain day, and the promisor has undertaken to perform it without application by the promisee, the promisor may perform it at any time during the usual hours of business on such day and at the place at which the promise ought to be performed. Illustration A promises to deliver goods at B's warehouse on the first January. On that day A brings the goods to B's warehouse, but after the usual hour for closing it, and they are not received. A has not performed his promise.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 136
Title: Surety Not Discharged when Agreement Made with Third Person to Give Time to Principal Debtor
State: Central
Year: 1872
Where a contract to give time to the principal debtor is made by the creditor with a third person, and not with the principal debtor, the surety is not discharged. Illustration C, the holder of an overdue bill of exchange drawn by A as surety for B, and accepted by B, contracts with M to give time to B. A is not discharged.
View Complete Act List Judgments citing this sectionChristian Marriage Act1872 Part II
Title: Time and Palace at Which Marriages May Be Solemnized
State: Central
Year: 1872
.....or special license in that behalf from the Roman Catholic Bishop of the Diocese or Vicariate in which such marriage is so solemnized, or from such person as the same Bishop has authorized to grant such license, license, {Ins. by Act 2 of 1891, section.2} [or (3) a Clergyman of the Church of Scotland solemnizing a marriage according to the rules, rites, ceremonies and customs of the Church of Scotland]. Section 11 - Place for solemnizing marriage No Clergyman of the Church of England shall solemnize a marriage in any place other than a church {Ins. by section.3, ibid.} [where worship is generally held according to the forms of the Church of England], unless there is no {Ins. by section.3, ibid.} [such] church within five miles distance by the shortest road from such place, or unless he has received a special license authorizing him to do so under the hand and seal of the Anglican Bishop of the Diocese or his Commissary. Fee for special license.- For such special license, the Registrar of the Diocese may charge such additional fee as the said Bishop from time to time authorizes.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 160
Title: Return of Goods Bailed, on Expiration of Time or Accomplishment of Purpose
State: Central
Year: 1872
It is the duty of the bailee to return, or deliver according to the bailor's directions, the goods bailed, without demand, as soon as the time for which they were bailed has expired, or the purpose for which they were bailed has been accomplished.
View Complete Act List Judgments citing this sectionChristian Marriage Act1872 Section 69
Title: Solemnizing Marriage out of Proper Time, or Without Witnesses
State: Central
Year: 1872
Whoever knowingly and wilfully solemnizes a marriage between persons, one or both of whom is or are a Christian or Christians, at any time other than between the hours of six in the morning and seven in the evening, or in the absence of at least two credible witnesses other than the person solemnizing the marriage, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine. Saving of marriages solemnized under special license.- This section does not apply to marriages solemnized under special licenses granted by the Anglican Bishop of the Diocese or by his Commissary, nor to marriages performed between the hours of seven in the evening and six in the morning by a Clergyman of the Church of Rome, when he has received the general or special license in that behalf mentioned in section 10. {Ins. by Act 2 of 1891, section.7.} [Nor does this section apply to marriages solemnized by a Clergyman of the Church of Scotland according to the rules, rites, ceremonies and customs of the Church of Scotland.]
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 135
Title: Discharge of Surety when Creditor Compounds With, Gives Time To, or Agrees Not to Sue, Principal Debtor
State: Central
Year: 1872
A contract between the creditor and the principal debtor, by which the creditor makes a composition with, or promises to give time to, or not to sue, the principal debtor, discharges the surety, unless the surety assents to such contract.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 50
Title: Performance in Manner or at Time Prescribed or Sanctioned by Promisee
State: Central
Year: 1872
The performance of any promise may be made in any manner, or at any time which the promisee prescribes or sanctions. Illustrations (a) B owes A 2,000 rupees. A desires B to pay the amount to A's account with C, a banker. B, who also banks with C, orders the amount to be transferred from his account to A's credit, and this is done by C. Afterwards, and before A knows of the transfer, C fails. There has been a good payment by B. (b) A and B are mutually indebted. A and B settle an account by setting off one item against another, and B pays A the balance found to be due from him upon such settlement. This amounts to a payment by A and B, respectively, of the sums which they owed to each other. (c) A owes B 2,000 rupees. B accepts some of A's goods in reduction of the debt. The delivery of goods operates as a part payment. (d) A desires B, who owes him Rs. 100, to send him a note for Rs. 100 by post. The debt is discharged as soon as B puts into the post a letter containing the note duly addressed to A.
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