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Sita Ram Gupta Vs. Punjab National Bank and ors.

Court : Supreme Court of India

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 130

Reported in : AIR2008SC2416; II(2008)BC691(SC); [2008]142CompCas946(SC); 2008(2)CTLJ118(SC); 2008(3)KLT518(SC); (2008)4MLJ457(SC); 2008(3)MPHT211(SC); 2008(4)SCALE181; (2008)5SCC711; 2008AIRSCW3648; 2008(3)LH(SC)1986; 2008(2)KCCRSN109; [2008] 4 SCR 636

behalf of the appellant was that in view of the statutory provision under Section 130 of the Indian Contract Act, 1872 (in short 'the Act'), whether the High Court was justified in holding that the appellant who was a

Commissioners for the Port of Calcutta Vs. General Trading Corporation ...

Court : Kolkata

Subject : Civil

Acts : Railways Act, 1890 - Sections 74E and 80; ;Calcutta Port Act, 1890 - Section 142; ;Limitation Act - Section 15(2); ;Sale of Goods Act - Section 23; ;Contract Act, 1872 - Sections 103 and 178; ;Transfer of Property Act, 1882 - Section 137; ;Bills of Lading Act, 1856; ;English Bills of Lading Act, 1855

Reported in : AIR1964Cal290,68CWN410

toe receipt was an instrument of title to goods within the meaning of Section 103 of the Indian Contract Act, 1872. The appellants in that case were a firm of commission agents who had been instructed by one Chhaganlal … that 'a railway receipt being a mercantile document of title to goods, the mode of assignment prescribed in Section 130 is not applicable to assignment of a contract of carriage of goods contained in a railway receipt.' Tambe,

Bharat Overseas Bank Ltd. Vs. Saritha Synthetic and Industries Ltd.

Court : Andhra Pradesh

Subject : CompanyCivil

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 19; Companies Act, 1956 - Sections 433; Indian Contract Act, 1872 - Sections 176; Transfer of Property Act, 1882 - Sections 130; Sale of Goods Act, 1930

Reported in : 2004(4)ALD205; 2004(3)ALT85; IV(2004)BC282; [2004]120CompCas419(AP); (2004)4CompLJ401(AP); [2005]60SCL424(AP)

the petitioner became the beneficial owner thereof, having regard to the provisions of Section 176 of the Indian Contract Act, 1872, Section 130 of the Transfer of Property Act, 1882, the Sale of Goods Act, 1930, upon which learned counsel for

Syndicate Bank Vs. Channaveerappa Beleri and ors.

Court : Supreme Court of India

Subject : LimitationBanking

Acts : Contract Act, 1872 - Sections 126, 128, 129 and 130; Limitation Act, 1963 - Schedule - Articles 21, 22, 55 and 113; Limitation Act, 1908 - Schedule - Articles 115, 116 and 120

Reported in : AIR2006SC1874; 2006(2)AWC2061(SC); II(2006)BC579(SC); [2006]131CompCas303(SC); JT2006(4)SC579; 2006(4)KarLJ276; (2006)3MLJ5(SC); RLW2006(3)SC2105; 2006(4)SCALE368; (2006)11

and the decision of this Court relied on by both parties.5.1 Section 126, 128, 129 and 130 of Contract Act, 1872 are extracted below:Section 126. 'Contract of guarantee,' 'surety,' 'principal-debtor' and 'creditor' - A 'contract of guarantee' is a

Legisetti Srinivasulu Vs. Gondi Peda Kondappa

Court : Andhra Pradesh

Subject : Contract

Acts : Contract Act, 1872 - Sections 60; Debts Law; Madras Agriculturists Relief Act, 1938 - Sections 8; Negotiable Instruments Act, 1881 - Sections 51 and 56; Transfer of Property Act, 1882 - Sections 130 and 137

Reported in : AIR1960AP174

and inthe light of the observations made above. (i) Contract - appropriation of interest - Section 60 of Contract Act, 1872, Explanation 1 of Section 8 of Madras Agriculturists Relief Act, 1938 and Sections 130 and 137 of Transfer

H.B. Basavaraj (Dead) by Lrs. and anr. Vs. Canara Bank and ors.

Court : Supreme Court of India

Subject : Contract

Acts : Bombay Public Trust Act, 1950; Lokashikshana Trust (Taking Over of Management) Act - Sections 2; Indian Contract Act, 1872 - Sections 56, 62, 70, 129 and 130; Evidence Act - Sections 115; Lokashikshana Trust (Taking over of management) Ordinance

Reported in : 2010(1)KarLJ588; 2009(13)SCALE474; 2009AIRSCW7567

the Bank would clearly show it to be one of a continuing guarantee. Section 129 of The Indian Contract Act, 1872 (hereinafter referred to as 'the Act') defines a continuing guarantee as 'A guarantee which extends to a series … a continuing guarantee as 'A guarantee which extends to a series of transactions is called a 'continuing guarantee'.' Section 130 of the Act says that 'A continuing guarantee may at any time be revoked by the surety, as

industrial Finance Corporation of India Ltd. Vs. the Cannanore Spinnin ...

Court : Supreme Court of India

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 20, 21, 29, 56, 128 and 130 to 141; Companies Act, 1956; Industrial Development and Regulations Act; Sick Textile Undertakings (Nationalisation) Act, 1974 - Sections 3, 4, 5 and 20; Nationalisation (Sick Textile Undertakings Taking Over of Management) Act, 1972 - Sections 5, 5(1) and 5(2); Constitution of India - Article 136; Sick Industrial Companies (Industrial Provisions) Act, 1995 - Sections 22

Reported in : AIR2002SC1841; 2002(3)ALD113(SC); 2002(2)ARBLR676(SC); II(2002)BC430(SC); [2002]110CompCas685(SC); (2002)4CompLJ337(SC); JT2002(4)SC318; (2002)3MLJ144(SC); 2002(3)SCALE574;

it would also be convenient to note the true effect of Sections 139 and 140 of the Indian Contract Act, 1872 as well, which read as under : '139. Discharge of surety by creditor's act or omission impairing surety's … provided both the creditor and the guarantor some relief as specified in this Chapter of Contract Act (between Section 130 to 141). Section 141 thus involves an issue of a deliberate action on the part of the creditor

Dlf Limited Vs. Punjab National Bank

Court : Delhi

Subject : Constitution

Acts : Evidence Act, 1872 - Sections 91, 92; Constitution of India - Articles 226, 12; Indian Contract Act - Section 74; Transfer of Property Act, 1882 - Section 60; Contract Act - Section 130

the guarantee being a continuing one, held the same to be in waiver of Section 130 of the Contract Act. 10. I had during the course of hearing raised the question of the very validity of pre-payment charges … to writing, no other evidence can be looked at under Sections 91 & 92 of the Indian Evidence Act, 1872 and thus the only question involved is of the interpretation of the Loan Agreement and the RBI guidelines

State Bank of India, Madras Vs. Venkateswara Stores

Court : Chennai

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 130; Indian Contract Act, 1872 - Sections 172

Reported in : AIR1987Mad221

allowed. Property - hypothecation - Section 130 of Transfer of Property Act, 1882 and Section 172 of Indian Contract Act, 1872 - whether debtor will be absolved of his obligation if he paid money to original creditor - if

Union of India (Uoi) Through Textile Commissioner Vs. Bhagwati Cottons ...

Court : Mumbai

Subject : Civil

Acts : Indian Contract Act, 1872 - Sections 28, 128, 129, 130 and 133 to 139; Limitation Act; Code of Civil Procedure (CPC) , 1907 - Order 7, Rule 11 - Order 37

Reported in : 2008(3)ALLMR63; IV(2008)BC73; 2008(5)BomCR909; 2008(2)CTLJ180(Bom)

informed the Defendant No. 2 that in the light of the amendment to Section 28 of the Indian Contract Act, 1872, which came into force with effect from 8th January 1997, the Bank was not absolved of its obligation … Act, which provides that a Guarantee which extends to a series of transactions, is called a continuing Guarantee. Section 130 of the Act provides that a continuing Guarantee may at any time be revoked by the surety, as