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Syndicate Bank, Tangutur Branch, Tangutur, Prakasam District Vs. Pamid ...

Court : Andhra Pradesh

Subject : Civil

Acts : Indian Contract Act, 1872 - Sections 126, 128, 134, 139 and 140; Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 20, Rule 11(1) - Order 21, Rule 11; ;Companies Act, 1956 - Sections 456(2); Companies (Court) Rules, 1959 - Rule 9; Andhra Pradesh Agricultural Indebtedness (Relief) Act, 1977; Madras Agriculturists' Relief Act, 1938 - Sections 4(2)

Reported in : 2001(6)ALD365; 2001(6)ALT640; [2002]108CompCas12(AP)

of the surety is company-extensive with that of the principal Debtor, unless it is otherwise provided by the contract.Section 134, Discharge of surety by release or discharge of principal Debtor - The surely is discharged by any contract … suit.8. Before consideration of the rival contentions, it would be relevant to mention the relevant provisions of the Contract Act, 1872.Section 126. ' Contract of guarantee', 'surety', 'principal Debtor' and 'creditor' - A 'contract of guarantee' is a contract

Corporation Bank Vs. Mohandas Baliga

Court : Karnataka

Subject : Contract

Acts : Evidence Act, 1872 - Sections 34; Bankers' Books Evidence Act, 1891 - Sections 4; Contract Act, 1872 - Sections 23, 133, 134, 135, 139 and 141

Reported in : ILR1993KAR201; 1993(1)KarLJ308

and 11.1 of the Judgment, therefore, it is necessary to reproduce the same:'9. Chapter VIII of the Indian Contract Act, 1872, (hereinafter referred to as the 'Act') deals with indemnity and guarantee. Section 124 defines the expression 'Contract of … to rely upon his rights as a surety on the basis of the provisions contained in Sections 133, 134, 135, 139 and 141 of the Contract Act, having regard to the terms contained in the guarantee bond,

State Bank of Patiala Vs. S.K. Mathur

Court : Delhi

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 134, 128; Code of Civil Procedure (CPC) - Order 22 Rule 4; Companies Act, 1956 - Section 446

has abated as a whole i.e. against defendant No. 2 as well. 4 Section 134 of the Indian Contract Act, 1872 (hereinafter referred to as the said Act) reads as follows:- "134. Discharge of surety by release or discharge

Bandi Venkateshwara Rao S/O Venkata Narayana, Vs. Sriram Chits Ltd. Re ...

Court : Andhra Pradesh

Subject : Contract

Acts : Indian Contract Act 1872 - Sections 126, 127, 128, 134, 139, 140 and 149; Andhra Pradesh Chit Funds Act - Sections 25(1); Transfer of Property Act - Sections 91; Companies Act; Code of Civil Procedure (CPC) - Sections 47 and 151 - Order 20, Rule 11(1) - Order 34, Rule 1

Reported in : 2009(1)ALT320

learned Judge of this Court while dealing with Sections 126, 128, 134, 139 and 140 of the Indian Contract Act 1872 observed at paras 9, 11, 15 and 16 as hereunder:A perusal of the above provisions clearly shows that … is called the 'principal debtor'. The liability of the surety is co-extensive with that of the principal debtor. Section 134 shows that the surety's liability stands discharged by any contract between the creditor and the principal debtor by

United Commercial Bank Vs. Madan Mohan Dide

Court : Mumbai

Subject : Banking

Acts : Indian Contract Act, 1872 - Sections 133, 134, 135, 139, 140 and 141

Reported in : 2000(2)ALLMR317; [2002]109CompCas873(Bom)

rights conferred on the defendant by virtue of sections 133, 134, 135, 139 and 141 of the Indian Contract Act, 1872. The said deed further provided that liability of the defendant would extend to all accounts of the company.4. … the company and would not be entitled to claim any rights conferred on the defendant by virtue of sections 133, 134, 135, 139 and 141 of the Indian Contract Act, 1872. The said deed further provided that

Subramania Aiyar Vs. Gopala Aiyar and ors.

Court : Chennai

Subject : Limitation

Reported in : 7Ind.Cas.898; (1910)20MLJ633

question depends upon the construction of Section 134 and Section 137 of the Indian Contract Act IX of 1872. Section 134 says : 'The surety is discharged by any act or omission of the creditor, the legal consequence of

Aziz Ahmad Vs. Sher Ali and ors.

Court : Allahabad

Subject : Contract

Acts : Contract Act, 1872 - Sections 134 and 137

Reported in : AIR1956All8

debtor.' We think that this also is the law in India. 4. The imporant sections of the Indian Contract Act are Sections 134 and 137. They read as follows: '134. 'Discharge of surety by release or discharge of … in operation against the debtor.' We think that this also is the law in India. 4. The imporant sections of the Indian Contract Act are Sections 134 and 137. They read as follows: '134. 'Discharge of surety

Jogender Singh Vs. Income-tax Officer and ors.

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(43), 156, 161, 221, 230A and 271(1); Indian Contract Act, 1872 - Sections 134 and 139; Constitution of India - Article 226; Direct Tax Act

Reported in : [2000]246ITR269(All); [1999]107TAXMAN394(All)

title deeds. In support of his above submission, he relied upon Sections 134 and 139 of the Indian Contract Act, 1872, and submitted that the petitioner stood discharged as the respondents had acted inconsistently with the rights of the … It appears that the Income-tax Officer, Circle-1(6), Kanpur, respondent No. 1, initiated penalty proceedings against the firm under Section 271(1)(c) of the Income-tax Act, 1961 (hereinafter referred to as the 'Act'), and imposed penalty on the said

inder Singh and anr. Vs. State

Court : Allahabad

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 504 and 514; Contract Act, 1872 - Sections 56, 63 and 134

Reported in : AIR1960All419

dismissed summarily. Criminal - Sections 504 and 514 of Criminal Procedure Code, 1898 and Section 134 of Indian Contract Act, 1872 - sureties executed in criminal cases - surety will not stand discharged on the transfer of case under

Smt. Y. Lalitha Holla and ors. Vs. the Recovery Officer and Bangalore ...

Court : Karnataka

Subject : Banking

Acts : Karnataka Co-operative Societies Act, 1959 - Sections 2A(5), 38(5), 71, 88, 89A, 89D, 99, 100, 101, 101B, 106 and 108; Contract Act, 1872 - Sections 134 and 141; Code of Civil Procedure (CPC) - Sections 144 - Order 2, Rule 2 - Order 21, Rules 81, 85 and 86; Constitution of India - Articles 14, 226 and 227; Karnataka Co-operative Societies Rules, 1960 - Rules 32(2), 33B, 37(5), 38, 38A, 38(2), 38(4), 38(5), 38A(5), 38A(8), 46, 48, 49, 49C(2), 88, 80 and 96; Karnataka Civil Services Rules - Rule 441

Reported in : 2009(1)KarLJ493; 2008(6)AIRKarR388; AIR2009NOC115

the applications for discharging the liability of the petitioners as guarantors in terms of Section 141 of the Contract Act, 1872 and for setting aside the sale transaction, and dispose of the same after giving opportunity to the petitioners.9. … and much later proceeding in respect of immovable properties of the sureties is not permitted in terms of Section 134 read with Section 141 of the Contract Act. Submission is that if the available security of the principal