Court : Andhra Pradesh
Reported in : AIR1960AP210
..... , the lability of the principal and the surety are distinct because the liability of the surety does not necessarily, in all cases, arise simultaneously with that of the principal.section 128 of the contract act, we think, is intended to provide for the contractual obligation of the surety but is not concerned with the enforcing creditor on breach. ..... doubt true that under section 128 of the contract act the liability of the surety is co-extensive with that of the principal debtor.but the question of his liability will depend on the terms of the contract of guarantee by which he has bound himself. ..... the plaintiff respondent is that article 115 applies only to cases for compensation for breach of any contract and hence that article cannot be applicable to the present claim which is not for compensation. ..... urged that even if it is held that the period of limitation prescribed for the surety is not the same as that prescribed for the principal debtor, article 115 08 the limitation act would not be applicable.on the other hand he urges that the articla applicable would be article 132 or article 120. ..... language of this article it is clear upon the authorities that it is not limited to case of damages for breach of contract and that it is applicable to the case of liability under a simple bond. ..... whether the limitation to enforce the contract of guarantee was governed by article 65 or article 115 of the limitation act.it was held that the case was governed by article 115 of the limitation act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(4)ALD275; 2002(4)ALT149
..... section 62 of the contract act, which contemplates the effect of novation, rescission and alteration of contract, reads as follows: 'section 62. ..... effect of novation, rescission and alteration of contract:--if the parties to a contract agree to substitute a new contract for it, or to rescind or alter it, the original contract need not be performed.' 8. ..... however, it is now found by the court below that there is no specific plea in the written statement as to any such contract in between herself (the defendant) and pw2, the creditor. ..... as long as one is not a party to a contract, no such jnral relationship or privity arises. ..... in the circumstances, no ingredients of any privity of contract is established between pw2 and the defendant and the contract under ex. ..... the contract contemplated is like any other contract between the parties. ..... thus, there is no privity of contract and as such no liability can be fastened in view of the collusive decree obtained to which the defendant is not a party. ..... from the opening words in the provision, it contemplates 'parties to the contract agreeing to substitute.....'. ..... there is no specific contract between the plaintiff and pw2 to recover the amount from the defendant. ..... therefore, necessarily, there cannot be novation except under an existing contract. ..... thus, the very same defendant pleaded in the said claim proceedings that there is no privity of contract. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(6)ALD248; 1999(6)ALT529
..... , : [1981]3scr239 , the supreme court, while dealing with 'consideration' as defined in section 2(d) of the contract act (act 9 of 1872), has held as follows:'consideration' means a reasonable equivalent or other valuable benefit passed on by the promisor to the promisee or by the transferor to the transferee. ..... the definition of 'consideration' as given in section 2(d) of the indian contract act shows that 'consideration' means an act, abstinence or promise made by the promisee or some other person at the desire of the promisor. ..... cheshire, fifoot and furmston 's law of contract act (eleventh edition) cheshire, fifoot and furmston's law of contract (eleventh edition) at page 7, a leading authority on law of contract, dealt with the 'doctrine of consideration' as stated hereunder:'the doctrine of consideration :--the other principal achievement of the sixteenth and early seventeenth centuries was the evolution of a body of doctrine to define the scope of the newly ..... in fact the term 'consideration' as defined in the indian contract act is wider in its signification than the requirements of english law.13. ..... hence the consideration need not be by way of investment in monetary terms but it can be in other ways as long as it is not opposed to public policy as defined under the indian contract act. ..... now it has to be examined what is the nature and scope of 'consideration' as contemplated under the indian contract act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP211
..... 9(1) and 8(2) of the arbitration act, 1940 praying that the dispute between the parties regarding failure to supply fire wood as agreed to may be referred to a named arbitrator for settlement. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1955AP148
..... instalment, that even if there was such a breach in respect of the 1st instalm,ent, the plaintiffs were not exonerated from carrying out their part of the contract in regard to the subsequent instalments and that on the evidence it was clear that the plaintiffs did not carry out their part by sending the barrels, paying the ..... contract act lays down the measure of damages tobe awarded when there is a breach of contract, section 73 says:'when a contract has been broken the party who suffers by such breach is entilted to receive, from the party whohas broken the contract, compensation for any loss or damages caused to him thereby, which naturally arose in the usual couse of things from such breachor which the parties knew when they made the contract ..... at a place nearest to the place of delivery, or, the price at the market in the place of delivery at a time other than thatfixed in the contract for delivery and similar cases, the appropriate price may be relied upon with necessary subtractions or additions for assertaining the real value at the time of the breach. ..... sub-sold or brought for subsale the following rules apply: a: where there is a market: (1) when there is a sub-sale (whether the seller when he made the contract did or did not know of it, or of the buyer's intention to resell) the buyer must as between himself and the seller, buy the goods in the market to ..... 73 of the contract act is that when there is a breach of contract, the party who sufers by the breach is entitled to .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1996AP440; 1996(2)ALT982
..... of the case.the efforts of sri poornaiah, counsel for the defendant to say that as contemplated under section 16(c) of the specific relief act that a party shall plead and prove that he is ready and willing to perform his part of the contract throughout, the plaintiff, in my view, has pleaded that he is ready and willing to perform his part of the contract as discussed above and, therefore, the submission on behalf of the defendant is not sustainable.18. ..... the further emphasis of sri poornaiah is in the direction to convince this court that lime being the essence of the contract, the plaintiff has failed to discharge his part within the time stipulated and, therefore, he is not entitled for ..... insofar as the submission that life plaintiff was not ready and willing to perform, his part of the contract is concerned, though the agreement stipulates that the plaintiff shall get ready with the moneys within six months and get the sale deed executed, the obligation on the part of the defendant ..... of the learned counsel is that time was never the essence of the contract as the contract was extended from time to time by the defendant while receiving further amounts. ..... coming to the third limb of the argument that the contract is a voidable contract, i do not think that such an argument is tenable in the ..... the defendant got separate notice issued to the plaintiff informing that the agreement is a voidable contract and he is avoiding the contract on account of the tenants not vacating the premises. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(1)ALD308
..... we are inclined to think that therigor of the rule evolved by courts that time is not of the essence of the contract in the case of immovable properties -involved in times when prices and values were stable and inflation was unknown -requires to be relaxed if not modified, particularly in the case of urban ..... it was contended that the appellant was not at all ready and willing to perform his part of the contract and he was taking time and was raising untenable claims one after the another only to buy time as sufficient funds were not available in his hands to pay the remaining ..... was later found that there were no acquisition proceedings and as the appellant was not prepared to take the sale-deed and he was not performing his part of the contract, the respondent stated that he was not liable to execute the sale-deed under the agreement. ..... as he did not turn up even after 26-11-1980, though time was the essence of the contract, the 1 st respondent has given ten days time to complete the transaction, failing which, it was clearly stated, the agreement will stand cancelled and the amount already paid will ..... to their close association as members of the club or due to the fact that the respondents have received rs.80,000/- from a close associate, the 1 st respondent who was not happy, broached before certain common friends to act as arbitrators in the matter. ..... the respondents executed ex.a1, d1 acting as the guardian for the minor respondent no.5, agreeing to sell the property at rs.70,000/- .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1985AP387
..... ramana reddy, the learned counsel for the petitioner contends that the respondent, having agreed by implication for transhipment, is bound by the consignment note, and therefore, there is a contract between the parties accepting the jurisdiction of the court at bombay to adjudicate the dispute, and as a result, the lower court has no territorial jurisdiction to take cognizance of the claim in ..... the contract is binding and conclusive on the parties to the agreement but it cannot be fastened on the third parties unless it is satisfactorily shown that the third party is privy to the contract or acted upon the contract consciously knowing the fact and implications of the said ..... 28 of the contract act does not stand in the way of such an agreement because that section prohibits only an agreement which restricts absolutely the right of a party to enforce his rights in the ordinary tribunals and by the usual ..... that court has no jurisdiction and as per the contract , the madras court is having jurisdiction. ..... the only question is by virtue of a contract between the parties, the jurisdiction of bombay court is ..... the contract between the parties with regard to the exclusion of jurisdiction of a court can be either express or implied but the contract should be unequivocal and should be precise ..... branch accepted for transhipment of the goods from motor industries company limited, at bangalore, and no part of the cause of action arose at bombay, and the respondent is not a party to the contract. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1965AP231
..... bom 649 and ilr 30 bom 167 (supra), and the arguments based upon section 49 of the contract act observed :'their lordships do not think that in this state of the authorities it is possible to accede to the present contention that section 49 of the indian contract act gets rid of inference, that should justly be drawn from the terms of the contract itself or from the necessities of the case, involving in the obligation to pay the creditor the ..... was not applied in air 1941 mad 695 : (1941) 1 mad lj 784 because as a matter of inference and interpretation of the contract and circumstances of that case it was held that the debtor was to deliver the articles at particular place different from where the suit was laid ..... vii, page 1956 stated the position as follows :-' where no place for performance is specified either expressly or by implication, from the nature and terms of the contract and the surrounding circumstances , and the act is one which requires the presence of both parties for completion, the general rule is that the promisor must seek out the promisee and perform the contract wherever he may happen to be. ..... the rule that the debtor should seek out the creditor so as to pay him will apply only where the contract does not specify the place of performance or such a place cannot be implied from the terms of the contract or the circumstances of the case. ..... this rule applies not only to contracts for the payment of money but to all promises for the performance of which the concurrence .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1968AP190
..... first contention, it cannot be in doubt that time can be made the essence of the contract by subsequent notice given by anyone of the parties to the contract, even though section 55 of the indian contract act does not provide for such a notice. ..... of the contract act, it is no doubt true that in case the 1st defendant makes time the essence of contract and if the contract if not performed by the other side, the contract becomes voidable. ..... balaparameswari rao, the learned counsel for the appellant 2nd defendant (1) exhibit a-5 makes time the essence of contract and treats the contract as determined in case the plaintiff did not perform his part of the contract within the stipulated time; (2) that the plaintiff was not ready and willing to perform his part of the contract; and (3) the appellate court should not have interfered in the exercise of the discretion by the trial court ..... expressly or in unambiguous words determine the contract under section 64 of the contract act. ..... it is alleged that the plaintiff was always ready and willing to perform his part of the contract, but the 2nd defendant sent a notice to the plaintiff on 22-5-1959 (exhibit a-2) asserting that the 1st defendant sold the suit land to him under an oral agreement and warned the plaintiff that ..... a sale deed in favour of the 2nd defendant, which purchase, was made with full knowledge of the existence of the live contract with the plaintiff, it cannot be said to be a circumstance which would weigh against the plaintiff. .....
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