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Bank of Baroda Vs. Avdoot Bhagwant Naik and ors.
Mumbai
Jun-08-2004
ContractCivil
Transfer of Property Act, 1882 - Sections 58 and 58(1); Indian Contract Act, 1872 - Sections 126, 127 and 128; Indian Contract (Amendment) Act, 1972 - Sections 135, 139 and 141
AIR2005Bom224
counsel on behalf of the plaintiff, has placed reliance on Sections 126, 127 and 128 of the Indian Contract Act, 1872 and has also placed reliance on the cases reported in M/s. M. Ramnarain Pvt. Ltd. v. State Trading … the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract.16. Section 135 deals with discharge of surety when creditor compounds with, gives time to, or agrees not to sue, principal
Tag this Judgment! AI Brief & AskCorporation Bank Vs. Mohandas Baliga
Karnataka
Nov-06-1992
Contract
Evidence Act, 1872 - Sections 34; Bankers' Books Evidence Act, 1891 - Sections 4; Contract Act, 1872 - Sections 23, 133, 134, 135, 139 and 141
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 … or at the time of variance and similarly the words 'unless surety assents to such contracts' occurring in Section 135 also indicated that the consent should exist at the time of the acts mentioned in the said provision.
Tag this Judgment! AI Brief & AskCitibank N.A. Vs. Juggilal Kamlapat Jute Mills Co. Ltd.
Delhi
May-17-1982
Company
Indian Contract Act, 1872 - Sections 133, 135 and 141; Evidence Act, 1872 - Sections 85
AIR1982Delhi487; [1984]56CompCas509(Delhi)
court decree and giving its consent to the sale which was later on confirmed by the court. 46. Section 135 of the Indian Contract Act, 1872, reads : 'A contract between the creditor and the principal debtor, by … the Jute Mills, the surety, stood discharged in view of the provisions of s. 141 of the Indian Contract Act, 1872, on account of the acts and omissions of the plaintiff, namely, (1) by filing Suit No. 315 of
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Union of India Vs. United India Insurance Co. Ltd.
Mumbai
Jan-10-1992
Company
Contract Act, 1872 - Sections 69; Transfer of Property Act, 1882 - Sections 6 and 135; Indian Railways Act, 1890 - Sections 73
1993ACJ437; (1992)94BOMLR357; [1995]82CompCas798(Bom); 1992(2)MhLj1193
the quantum of damages. 16. To conclude, the appeal is dismissed. No order as to costs. [A] Indian Contract Act, 1872 - Section 69 - Subrogation - Insurance Company paid losses to insured - It can now sue Railway … assigned and transferred. 8. In our view, having regard to section 69 of the Indian Contract Act and section 135 of the Transfer of Property Act, the insurance company had clearly acquired a right to sue the railway
Tag this Judgment! AI Brief & AskUnited Commercial Bank Vs. Madan Mohan Dide
Mumbai
Dec-01-1999
Banking
Indian Contract Act, 1872 - Sections 133, 134, 135, 139, 140 and 141
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
Tag this Judgment! AI Brief & AskRamswaroop and anr. Vs. State Bank of Bikaner and Jaipur and anr.
Rajasthan
Feb-14-2002
BankingCommercial
Contract Act, 1872 - Sections 135
2002(3)WLN430
aside. The suit of the plaintiff against defendant Nos. 2 and 3 is dismissed with costs throughout. Indian Contract Act, 1872 - Section 135--Discharge of Surety--A compromise took place between plaintiff (Bank) and defendant No. 1 (Principal debtor) and
Tag this Judgment! AI Brief & AskMukesh Gupta Vs. Sicom Ltd.
Mumbai
Jun-11-2003
Contract
Contract Act, 1872 - Sections 135, 137, 140 and 141; Code of Civil Procedure (CPC) - Order 37, Rule 1(2)
AIR2004Bom104; 2003(4)ALLMR112; II(2004)BC470; 2004(2)BomCR290; 2004(1)CTLJ311(Bom); 2004(1)MhLj159
order is stayed for 8 weeks. Contract - right to suit - Sections 128, 135 and 137 of Contract Act, 1872 and Order 37 Rule 1 (2) of Code of Civil Procedure, 1908 - appellant gave irrevocable and personal … not necessary for the Legislature to provide words 'in the absence of any contract' in Section 133 or Section 135 or Section 141, because section themselves speak of consent of the surety regarding variance in the terms of
Tag this Judgment! AI Brief & AskJohn Kuruvilla and anr. Vs. Parameswaran Pillai
Kerala
Oct-11-1979
Contract
Contract Act, 1872 - Sections 135 and 137
AIR1980Ker87
the parties to suffer their own costs. Contract - realization of loan - Sections 135 and 137 of Contract Act, 1872 - suit for recovery of loan from surety - previous suit for realization of loan compromised by surety's … does not, in the absence of any provision in the guarantee to the contrary, discharge the surety.' While Section 135 deals with a 'promise to give time', Section 137 deals with 'mere forbearance'. A distinction is thus made
Tag this Judgment! AI Brief & AskKotak Mahindra Bank Ltd. Vs. O.L. of Aps Star Ind. Ltd.
Gujarat
Jan-12-2009
Company
Bombay Stamp Act, 1958 - Sections 5; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 2 and 13(3A); Transfer of Property Act, 1882 - Sections 54 and 130; Registration Act, 1908 - Sections 21, 28, 60 and 65; Companies Act, 1956 - Sections 125, 134, 135, 529 529A and 530; Banking Regulation Act, 1949 - Sections 2, 5, 6, 6(1), 6(2), 8 and 35A; Indian Contract Act, 1872 - Sections 23; Reserve Bank of India Act, 1934 - Sections 45Q; Income Tax Act, 1961 - Sections 80P and 80P(2); ULC Act - Sections 42; Code of Civil Procedure (CPC) , 1908 - Order 22, Rule 10
(2009)2GLR1158
required procedure under the provisions of the Securitisation Act.8.1) Referring to provisions of Section 23 of the Indian Contract Act, 1872 it was submitted that object of an agreement or consideration of an agreement is lawful, unless forbidden by … question the said agreement on any ground whatsoever including adequacy of consideration. That provisions of Section 134 and 135 of the Companies Act, 1956 cannot be read to mean a requirement of notice of assignment to the
Tag this Judgment! AI Brief & AskThe Gaya Muzaffurpur Roadways Co. and ors. Vs. Fort Gloster Industries ...
Kolkata
May-20-1971
Commercial
Carriers Act, 1885 - Sections 2 and 8; ;Code of Civil Procedure (CPC) , 1908 - Section 20 - Order 1, Rule 9 - Order 22, Rule 10; ;Transfer of Property Act, 1882 - Section 135A, 135A(2) and 135(2); ;Contract Act, 1872 - Section 41; ;Evidence Act, 1872 - Section 145; ;Marine Insurance Act, 1963 - Section 4(2)
AIR1971Cal494,76CWN17
the circumstances.15. As a corollary to the above contention. Mr. Baneriee has relied on Section 41 of the Contract Act, 1872, which provides that when a promises accepts performance of the promise from a third person he cannot afterwards … These contentions have been disputed by Mr. Mitra who has drawn our attention to Sub-section (2) of Section 135-A of the Transfer of Property Act, 1882. The sub-section provides that on payment of a total loss, as
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