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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

11 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 … sum of Rs. 44,000/- under which account the total claim was worked out to the tune of Rs. 81,240.15 with interest at 19.5% per annum as on 10.10.1985 contested the suit. He appeared through a Counsel and

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

and 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 … liability would be co-extensive to that of the borrower. Accordingly, the guarantor himself waived off his rights under Chapter VIII of the Act which is conferred on a surety. This Court is in respectful agreement with the … be inferred from a reading of the Halsbury's Laws of England, Vol 8, 3rd Edn. at page 143 which reads as follows:As a general rule,

P. Janakiram Chetty Vs. Punjab National Bank Ltd. and anr.

Court : Karnataka

Subject : BankingContract

Acts : Indian Contract Act, 1872 - Sections 126, 128, 129, 133, 134, 135, 139, 140, 141 and 176; Indian Companies Act

Reported in : AIR1968Kant56; AIR1968Mys56; (1967)2MysLJ168

examine first this contention of the learned counsel whether the appellant-second defendant is discharged. Chapter VIII of the Indian Contract Act, 1872, deals with indemnity and guarantee 126 defines a contract of guarantee thus:'A 'contract of guarantee' is a contract … liable the plaintiff in a sum of Rs. 38,203.01, yet it gave deduction to a sum of Rs. 8,482.95 since the plaintiff had realised the said amounts from the sale of the remaining goods. In the result,

M/s. Kumaraswamy Mineral Exports and Another Vs. The Commercial Manage ...

Court : Karnataka Dharwad

Subject : Land Acquisition

be voidable and not binding on the respondents. 6. On a plain reading of Section 22 of the Indian Contract Act, 1872, it is evident that a contract is not voidable merely because it was caused by one of the … rate which is unreasonable, it would be for the complainant to approach the Railway Rates Tribunal constituted under Chapter VII of the Railways Act, 1989. Therefore, since the petitioners were armed with an alternative remedy of redressal, … the Railway receipts bearing No.212000758. 212000768, 212000769 dispatched on 30.1.2008, 7.2.2008 and 8.2.2008 respectively to the consignee petitioner No.1., and etc.) 1. Heard the learned

K.Paramasivam Vs. G.Lakshminarayanan.

Court : Chennai

Subject : Limitation

Acts : Indian Limitation Act - Section 18, Article 54; Indian Contract Act, 1872 - Section 25; Transfer of Property Act - Section 4; Registration Act ; Code of Civil Procedure,(CPC) 1908 - Order 8 Rule 5; Specific Relief Act - Section 16(c), 20

The learned senior counsel for the plaintiff inviting the attention of this court to Section 25 of the Indian Contract Act, 1872 which is extracted here under for ready reference :25. Agreement without consideration, void, unless it is in writing … relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act   The Chapters and sections of this Act which relate to contracts shall be taken as part of the Indian Contract … dated 08.12.1997 ; so to say, there was a gap of nearly 8 = years and that such last endorsement was not made within the

St. Joseph Textiles Vs. Union of India and Another

Court : Supreme Court of India

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 151, 152 and 161

Reported in : 1993ACJ990; AIR1993SC1692; 1993(41)BLJR624; 1992(3)SCALE491; 1993Supp(3)SCC469; [1992]Supp3SCR681

(1) A railway administration shall be responsible as a bailee under Sections 151, 152 and 161 of the Indian Contract Act, 1872, for the loss, destruction, damage deterioration or non-delivery of goods carried by railway within a period of seven … are not unloaded from the railway wagons or removed from the railway premises.(5) For the purposes of this Chapter-(a) Unless otherwise previously determined, transit terminates on the expiry of the free time allowed (after the arrival of … by railway to Azim Ganj on 11.6.1973 under Parcel Way Bill No. 835434 of the same date. The appellant then sent the said Parcel Way

M/S Umesh Goel Vs. Himachal Pradesh Cooperative Group Housing Society ...

Court : Supreme Court of India

Subject : Land Acquisition

the said Act though it is stated that the expressions used but not defined, the definition in the Indian Contract Act, 1872 can be applied, in the Contract Act also there is no specific definition set out for the expression … of business in the said territories, are situated in areas to which, by notification under section 56, this Chapter does not apply, or (b) to any suit or claim of set-off not exceeding one hundred rupees in … M/s. Devi Constructions, Engineering Contractors & another - 2009 (2) Law Weekly 849. Mr. Saran, learned Senior Counsel for the respondent relied upon the decisions

Landmark Developers and Others Vs. Govt. of A.P. and Others

Court : Andhra Pradesh

Subject : Land Acquisition

parties agree upon the terms, upon the subject matter, the consideration and the promise. Section 20 of the Indian Contract Act, 1872 states that where both the parties to an agreement are under a mistake as to a matter of … to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877, or as evidence of any collateral transaction not required to be … periods for which the prospecting licence may be granted or renewed. Section 8 of the Act lays down the periods for which mining leases may

Dayal Singh Vs. Collector of Stamps

Court : Delhi

Subject : Property

Acts : Stamp Act, 1899 - Sections 2(1), 2(6), 24, 27, 33, 40 and 64; Transfer of Property Act, 1882 - Sections 54; Indian Contract Act, 1872 - Sections 2; Delhi Municipal Corporation Act, 1947 - Sections 147 and 148

Reported in : AIR1972Delhi131

already paid for the mortgage.' We may also consider the definition of 'consideration' in Section 2(d) of the Indian Contract Act, 1872 which is as follows:--'(d) When, at the desire of the promisor, the promise or any other person has … called a consideration for the promise.'For, according to Section 4 of the Transfer of Property Act, 1882, the chapters and sections of the said Act which relate to contracts shall be taken as part of the Indian … tax, rate or cess levied for the purposes of the Act. Chapter Viii of the Corporation Act deals with the levy of various kinds of

Supriyo @ Supriya Chakraborty Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

Nath Ganguly, the Supreme Court was concerned with the interpretation of ‘public policy’ under Section 23 of the Indian Contract Act, 1872.19 In this context, this Court observed: “It is thus clear that the principles governing public policy must … The JJ Act was enacted to consolidate and amend the law catering to the basic needs of children. Chapter VIII (Sections 56 to73) deals with the provisions relating to adoption. Section 2(49) of the JJ Act defines … couples from adopting. 258 See Gaurav Jain v. Union of India, (1997) 8 SCC114 Karan v. State of M.P., (2023) 5 SCC504 Barun Chandra Thakur