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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

appellant 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 … consideration, and that even assuming that he is treated as a co-obligant, event then, in view of Sections 127 and 128 of the Contract Act, his liability is co-extensive with that of the principal debtor, and therefore,

State Bank of India Vs. Premco Saw Mill, Ahmedabad and ors.

Court : Gujarat

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 127; Evidence Act, 1872 - Sections 91 and 92

Reported in : AIR1984Guj93; (1983)2GLR1322

The oral prayer for leave is, therefore, rejected.17. Appeal partly allowed. Contract - consideration - Section 127 of Indian Contract Act, 1872 and Sections 91 and 92 of Indian Evidence Act, 1872 - appeal against Order exonerating defendant No. 3

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 … respondent for grant of quarry lease in respect of an extent of 3.00 hectares in survey no.225/120 to 127 of Errabelligudem Village, Nellikuduru Mandal, Warangal District duly enclosing required application fee and security deposit along with other

Bank of Credit and Commerce International S.A. Vs. V.K. Abdul Rahiman

Court : Kerala

Subject : Banking

Acts : Indian Contract Act, 1872 - Sections 127

Reported in : [1998]92CompCas739(Ker)

decree and dismiss the appeals without any order as to costs. Banking - liability - Section 127 of Indian Contract Act, 1872 - 1st defendant had transactions with plaintiff bank - plaintiff wanted him to settle outstanding dues - post

Kanisetti Audilaxamana Rao Vs. Attipalli Raghurami Reddi (Died), Attip ...

Court : Andhra Pradesh

Subject : Commercial

Acts : Indian Contract Act, 1872 - Sections 127; Hindu Law

Reported in : AIR1970AP158

supra. The appeal is, thereofre, dismissed with costs.23. Appeal dismissed. Commercial - adequate consideration - Section 127 of Indian Contract Act, 1872 and Hindu Law - appellant's father issuing a letter of guarantee - appeal filed by sons against decree

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 … to whom the guarantee is given is called the 'creditor', A guarantee may be either oral or written.14. Section 127 deals with consideration for guarantee.15. Section 128 deals with the Surety's liability, and, provides that the liability of

T. Raju Setty Vs. Bank of Baroda

Court : Karnataka

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 23, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 152 and 153; Code of Civil Procedure (CPC), 1908 - Order 22, Rules 4, 9 and 11 - Order 41, Rule 33 - Order 43, Rule 1; Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947; Punjab Land Acquisition (Defence of India) Rules, 1943; Madras Debt Conciliation Act - Sections 10(2); Debt Conciliation Act; Limitation Act, 1963 - Article 115

Reported in : AIR1992Kant108

other defendants-2 and 3?(3) Whether a decree could be passed against sureties?POINT No. 19. 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 … of indemnity holder when sued; Section 126 defines the expressions 'contract of guarantee', 'Surety', 'Principal Debtor' and 'Debtor'. Section 127 provides regarding the consideration for guarantee; Section 128 deals with 'Surety's liability; Section 129 states as to the

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

: AIR1969AP294 wherein the Division Bench while dealing with Sections 126 and 127 of the Indian Contract Act, 1872 observed at para 28 as hereunder:A … 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 … said Judgment-debtors as petitioners filed E.A. No. 1857/2005 in E.P. No. 364/2005 in O.S. No. 823/2002 aforesaid under Sections 47 and 151 of the Code of civil Procedure (hereinafter in short referred to as 'the Code' for

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 … be either oral or written.'Thus a contract of guarantee requires a principal debtor, a surety and a creditor. Section 127 reads as under:-'Anything done, or any promise made, for the benefit of the principal debtor, may be a

DolphIn Investment P. Ltd. Vs. C. Pinto Trade Commerce P. Ltd. and Shr ...

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956 - Sections 433, 434, 434(1), 439(1) and 439(8); Arbitration and Conciliation Act, 1996 - Sections 8; Indian Contract Act, 1872 - Sections 126, 127 and 128; Companies (Court) Rules, 1959 - Rule 97

Reported in : 2007(3)ALLMR716; [2007]138CompCas74(Bom); (2007)3CompLJ433(Bom); [2008]81SCL16(Bom)

hand, Shri Sonak, on behalf of the petitioner has referred to Sections 126, 127 and 128 of the Indian Contract Act, 1872, and has submitted that the liability of the surety is co-extensive with that of the principal debtor, unless … a guarantor, under the agreement between the parties dated February 17, 2000.2. The said petitions were filed under Section 433(e) of the Act (Companies Act, 1956) on the ground that the said respondents were indebted to the