Advanced Search Results

Bank of Baroda Vs. Avdoot Bhagwant Naik and ors.

Court : Mumbai

Subject : ContractCivil

Acts : 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

Reported in : AIR2005Bom224

learned 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 … Contract Act, 1872 (Act, for short) relied upon by the learned counsels will not be out of context.13. Section 126 defines a 'contract of guarantee', 'surety', 'principal debtor' and 'creditor' and states that a 'contract of guarantee' is

Arul Murugan Traders Vs. Rashtriya Chemicals and Fertilizers Ltd. and ...

Court : Chennai

Subject : Company

Acts : Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 39, Rules 1 and 2; Indian Contract Act, 1872 - Sections 126, 128, 133, 140 and 145

Reported in : (1984)2MLJ375

courts when bank guarantees are invoked, after referring to Sections 126, 128, 133, 140 and 145 of the Indian Contract Act, 1872, dealing with indemnity and guarantee, he refers to United Commercial Bank v. Bank of India, : [1981]3SCR300 , … contract of guarantee, overlooks the fact that a letter of credit could not come within the definition of section 126 of the Contract Act, and, hence, in so far as India is concerned, the bank guarantee like the

Taj Trade and Transport Co. Ltd Vs. Oil and Natural Gas Commission and ...

Court : Mumbai

Subject : CompanyArbitration

Acts : Indian Contract Act, 1872 - Sections 126

Reported in : 1992(2)BomCR125; (1992)94BOMLR620; [1994]80CompCas740(Bom); 1992(2)MhLj1110

out there that statutory provisions regarding guarantees were to be found in sections 124 to 147 of the Indian Contract Act, 1872, and that specifically section 126 of the Contract Act dealt with guarantees. Then, a reference was made to

Ashok Mahansing Bajaj H.U.F. Vs. Elegant Pharmaceuticals Ltd. and Othe ...

Court : Mumbai

Subject : SICA

Acts : Code of Civil Procedure (CPC), 1908 - Order 37, Rules 2 and 3; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(2), 15, 16 and 22; Indian Contract Act, 1872 - Sections 17, 18, 25, 126, 127, 128, 140 and 141; Negotiable Instruments Act, 1881 - Sections 37; Industrial (Development and Regulations) Act, 1951; Companies Act, 1956

Reported in : 2000(2)ALLMR242; 2000(3)BomCR169; (2000)1BOMLR968; 2000(2)MhLj855

the said bill of exchange as principal debtors. 'Contract of guarantee' is defined under section 126 of the Indian Contract Act, 1872 and so also 'surety', 'principal debtor' and 'creditor' are defined in the said section. Section 126 of the

M/S. Asia Today Ltd. and ors. Vs. M/S. Mudra Communication Ltd. and an ...

Court : Mumbai

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 22; Indian Contract Act, 1872 - Sections 126 and 230; Code of Civil Procedure (CPC), 1908 - Order 37

Reported in : 2001(4)ALLMR111; (2001)3BOMLR273

of in the aforesaid terms. No costs. Sick Industrial Companies (Special Provisions) Act, 1985 - Section 22 - Indian Contract Act, 1872 - Section 126 - Recovery of money-Agreement for telecast of advertisements - Joint and several liability of the

Nagpur Nagarik Sahakari Bank Ltd. Vs. Union of India and anr.

Court : Andhra Pradesh

Subject : Company

Acts : Maharashtra Co-operative Societies Act - Sections 164; Indian Contract Act, 1872 - Sections 74, 124, 126, 128, 140, 141 and 145

Reported in : [1984]55CompCas677(AP)

shall be final and binding on the bank ....' Sections 124, 126, 128, 140 and 145 of the Indian Contract Act, 1872, read as under : '124. A contract by which one party promises to save the other from loss … authoritative decisions to the contra. In fact, in this very decision, it has been held (p. 553) : 'Section 126 of the Act (Contract Act), which defines a contract of guarantee though it does not say expressly that

Rani Constructions Pvt. Ltd. Vs. Pati-bel J.V. and anr.

Court : Delhi

Subject : Contract

Acts : State Bank of India Act, 1955; ;Indian Contract Act, 1872 - Sections 126 to 147; ;Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1 and 2

Reported in : III(2006)BC554; 2006(1)CTLJ448(Del); 129(2006)DLT38; 2006(88)DRJ291; (2006)144PLR24

1. These expressions gain in importance when they are considered in the backdrop of the provisions of the Indian Contract Act, 1872 pertaining to contracts of guarantee contained in Sections 126 to 147 thereof. It is to be remembered that … that a bank guarantee is a contract of guarantees and is governed by principles as set out in Section 126 to 147 of the Indian Contract Act, 1872. Recently, in D.S. Construction Ltd v. Rites Limited : AIR2006Delhi98

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

the 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 … put into execution as against the rest of the parties - the Revision Petitioners and the 5th respondent. Section 126 of the Indian Contract Act, 1872 dealing with 'Contract of guarantee', 'surety', 'principal debtor' and 'creditor' reads as

Western Coalfields Limited and anr. Vs. Rajesh S/O Nandlal Biyani and ...

Court : Mumbai Nagpur

Subject : Land Acquisition

Acts : Code of Civil Procedure (CPC) - Section 151, Order 39, Rule 3(a)(b) ; Indian Penal Code (IPC) - Section 420, 468, 469, 470, 471 rw 34; Indian Contract Act, 1872 - Section 126, 31, 32

the context of the aforesaid position of law laid down by the Apex Court, Section 126 of the Indian Contract Act, 1872, regarding contract of guarantee needs to be seen. The said provision of Section 126 is, therefore, reproduced below--

Crest Communications Ltd. Vs. State Bank of India and Another

Court : Mumbai

Subject : ContractCommercial

Acts : Indian Contract Act, 1872 - Sections 126; Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1 and 2

Reported in : 2000(1)ALLMR598; 2000(2)BomCR466; (2000)2BOMLR193; 2000(3)MhLj163

or any part thereof under the performance guarantee dated 8-12-98.15. Certified copy expedited.16. Notice of Motion made absolute. Indian Contract Act, 1872 - Section 126 - Performance - Bank guarantee - Special equities in the form of preventing irretrievable injustice