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C.N. Sundaram Vs. Chenai Finance Company Limited and ors.

Court : Andhra Pradesh

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 62, 127, 128, 133 and 139; Indian Partnership Act, 1932

Reported in : 2005(4)ALD850; 2005(5)ALT60

contended that the agreement stood invalidated. In support of his submission that under Section 133 of the Indian Contract Act, 1872 any material alteration or variance in the terms of contract, made without the consent of the surety, would … Upholding the plea of the plaintiff, the Madras High Court held that it is well settled that under Section 62 of the Contract Act, if the parties to a contract agree to substitute a new contract for it,

M/s. Mascon Multiservices and Consultants Pvt. Ltd. Vs. Bharat Oman Re ...

Court : Mumbai

Subject : Land Acquisition

such a claim. Mr. Andhyarujina would argue that Clause 47 is void under Section 28(b) of the Indian Contract Act, 1872. Section 28 of the ICA runs thus: 28. Agreements in restraint of legal proceedings, void. - Every agreement, - … distinct from Section 74, both of which came to be considered in the case of Saw Pipes (supra). 62. The case of Saw Pipes (supra) as also the earlier cases of Fateh Chand Vs. Balkishan Dass, 1963

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

later stage Held, Plea is without merit and is liable to be rejected. INDIAN CONTRACT ACT (9 of 1872) Section 62: [Tarun Chatterjee & Aftab Alam,JJ] Novation of contract Held, Substitution of contract by new one can be only … 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

Union of India Vs. Tribhuwan Das Lalji Patel

Court : Delhi

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 73; Sale of Goods Act, 1830 - Sections 62

Reported in : AIR1971Delhi120

of breach of contract for sale of goods - The Court ruled that under Section 73 of the Contract Act, 1872 compensation was not be given for any remote or indirect loss or damage - Further, Section 73 of … contract and specifically exclude the conditions which law generally attaches to contract of sale of goods. In fact Section 62 of the Sale of Goods Act is a statutory recognition of this right in the parties. As was

Seema Bhatia Vs. Yamaha Motor India Pvt. Ltd.

Court : Delhi

Subject : ArbitrationContract

Acts : Indian Contract Act, 1872 - Sections 62; Arbitration Act, 1940 - Sections 34

Reported in : 2008(1)ARBLR552(Delhi)

In order to substantiate this plea learned Counsel relied upon the provisions of Section 62 of the Indian Contract Act, 1872 (hereinafter referred to as the said Act), which reads as under:62. Effect of novation, rescission, and alteration of

Phonographic Performance Ltd. Vs. Hotel Gold Regency and ors.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 30, 33, 33(1), 33(3), 34, 34(1), 34(3), 35, 35(2), 51, 53A, 54, 55, 61, 61(1) and 62; Indian Contract Act, 1872 - Sections 188; Companies Act, 1956; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11

Reported in : AIR2009Delhi11; 151(2008)DLT210; LC2008(2)451; 2008(37)PTC587(Del)

was placed by the learned Counsel for the plaintiff on the provisions of Section 188 of the Indian Contract Act, 1872 which defines the extent of an agent's authority. An agent having authority to carry on a business, has … 53A. This is followed by Chapter XII which deals with civil remedies and comprises of Sections 54 to Section 62. Section 54 defines the expression 'owner of copyright' for the purposes of Chapter XII, to include, inter alia,

Lahari Recording Company Private Limited, Bangalore Vs. Sourabh Market ...

Court : Karnataka

Subject : CommercialIntellectual Property Rights

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9 and 151 - Order 7, Rule 11; Copy Right Act, 1957 - Sections 1 to 6, 9 to 12, 13 to 21, 13(1 and 7), 19-A, 19-A(2), 22 to 29, 30 to 32-B, 33 to 36-A, 37 to 39-A, 44 to 50-A, 51 to 53-A, 53-A(3), 54 to 62, 71 to 73, 72(2) and 74 to 79; Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 - Sections 10, 14 to 16 and 30; Indian Copyright Act, 1914; Copyright Act, 1911; Code of Criminal Procedure (CrPC) , 1973 - Sections 345 and 346; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Indian Contract Act, 1872

Reported in : ILR2000KAR5057; 2001(4)KarLJ78

words, these agreements are nothing but the lawful contracts within the meaning of Section 10 of the Indian Contract Act, 1872, and, therefore, in essence, the plaintiffs suit against defendant is instituted for enforcement of the contractual rights and … for civil remedies to the owner of the copyright against a person who commits infringement of that right. Section 62 occurring in this Chapter XII specifically reserves the jurisdiction of the Civil Court for determination of disputes arising

Sant Ram Vs. Brij Mohan Kaura (Dead) and ors.

Court : Punjab and Haryana

Subject : Property

Acts : Contract Act, 1872 - Sections 62; Evidence Act, 1872 - Sections 79, 91, 92 and 111; Transfer of Property Act, 1882 - Sections 41 and 59; Registration Act, 1908 - Sections 60; Specific Relief Act, 1963 - Sections 20; Code of Civil Procedure (CPC) , 1908 - Sections 96 and 100

Reported in : AIR2006P& H176; (2006)143PLR655

Bahadur Singh v. Lakhwinder Singh (2002-2)131 P.L.R. 83.(d) That the plea of novation under Section 62 of the Contract Act, 1872, required to be specifically pleaded, an issue framed and evidence adduced, as has been pointed out by the

Vipinbhai R. Parekh Vs. General Manager Western Railway, Bombay

Court : Gujarat

Subject : ContractArbitration

Acts : Arbitration Act, 1940 - Sections 9 and 20; Evidence Act, 1872 - Sections 115; Indian Contract Act, 1872 - Sections 62

Reported in : AIR1984Guj41; (1983)2GLR1347

and 20 of Arbitration Act, 1940, Section 115 of Indian Evidence Act, 1872 and Section 62 of Indian Contract Act, 1872 - appeal seeking direction to refer dispute to arbitrator - whether contract between parties remain in existence when

Carl Estate Private Limited and anr. Vs. Jagdish J.N. Counte and anr.

Court : Mumbai

Subject : ContractCivil

Acts : Negotiable Instruments Act, 1881 - Sections 138; Indian Contract Act, 1872 - Sections 62, 73 and 74; Code of Civil Procedure (CPC) , 1908 - Sections 34

Reported in : 2005(4)BomCR630

Presiding Officer.9. Shri Dias, the learned Advocate of the defendant, has relied on Section 62 of the Indian Contract Act, 1872 and in tune with the findings of the learned Civil Judge S.D., has submitted that there was novation