Executory Consideration - Judgment Search Results

The Municipal Corporation of the City of Bombay Vs. the Secretary of S ...

Court: Mumbai

Reported in: (1934)36BOMLR568; 152Ind.Cas.947

..... where money is paid in advance for a promise given an executory consideration is a promise to do or give something in return for ..... the promise then made the contract with an executory consideration thus comprises two promises commonly described as mutual promises the one ..... as it consists in promise it is said to be executory 27 the consideration here relied on on behalf of the plaintiffs is a .....

Jodhai Ramdayal Vs. Bharat Sukhdi

Court: Madhya Pradesh

Reported in: AIR1959MP97

..... of moveables involves on the one hand executed consideration and on the other hand executory consideration the party seeking to recover has no obligation ..... so as to settle the law 5 the short question for consideration is whether a suit for redemption or recovery of pledged ..... the learned judges take only a part of the contract into consideration and ignore its counter part the right to redeem is not .....

Panjak Bhargava and Another Vs. Mohinder Nath and Another

Court: Supreme Court of India

Reported in: AIR1991SC1233; JT1990(4)SC628; 1990(2)SCALE1251; (1991)1SCC556; [1990]Supp3SCR508a

..... sustain the formation of a contract pointing out the distinction between contracts of executed consideration and of executory consideration this court referring to and excerpting from chitty on contracts said it is ..... outstanding on one side only it is a present as opposed to a future consideration in an executory consideration the liability is outstanding on both sides it is in fact a promise .....

Union of India (Uoi) Vs. Chaman Lal Loona

Court: Supreme Court of India

Reported in: AIR1957SC652; [1957]1SCR1039

..... outstanding on one side only it is a present as opposed to a future consideration in an executory consideration the liability is outstanding on both sides it is in fact a promise for ..... appreciate clearly the distinction between the two classes of contracts where the consideration is either executed or executory an executed consideration consists of an act for a promise it is the act which .....

Achalsinhji Keshrisinhji and Co. Vs. Commissioner of Income-tax, Gujar ...

Court: Gujarat

Reported in: [1986]157ITR537(Guj)

..... it is observed as under at p 52 consideration is executory when a promise is made ..... a consideration for entry into the partnership 12 in the book on indian contract act by mulla on the point of executory consideration ..... his action against the other for non performance where the consideration is executory the contract is binding as soon as the promises .....

Lakshminarayana Films Vs. Commissioner of Income-tax

Court: Chennai

Reported in: [2000]244ITR344(Mad)

..... outstanding on one side only it is a present as opposed to a future consideration in an executory consideration the liability is outstanding on both sides it is in fact a promise for ..... note the distinction between the two classes of contracts where the consideration is either executed or executory is that an executed consideration consists of an act for a promise it is the act .....

Lakshminarayana Films Vs. Commissioner of Income Tax

Court: Chennai

Reported in: [2001]244ITR344(Mad)

..... outstanding on one side only it is a present as opposed to a future consideration in an executory consideration the liability is outstanding on both sides it is in fact a promise for ..... note the distinction between the two classes of contracts where the consideration is either executed or executory is that an executed consideration consists of an act for a promise it is the act .....

Humayun Properties Ltd. Vs. Ferrazzinis (Private) Ltd.

Court: Kolkata

Reported in: AIR1963Cal473

..... laches or inaction does not amount to waiver especially where it is an executed consideration and not an executory consideration see 1953 4scr351 supra but the waiver must clearly amount to an agreement ..... right to recover the mesne profits which had already become due was an executed consideration and not executory therefore the mere acceptance of payment is not enough it will have to be .....

Sri Dilip (Pramanik) Das and ors. Vs. Sri Alok Barman

Court: Kolkata

Reported in: 2008(3)CHN101

..... parties herein by virtue of the said agreements as the executory consideration in lieu of the schedule land d a decree declaring ..... by the defendants and having been specifically agreed to the executory consideration by virtue of the said agreements the defendants are not ..... the basis of the materials on record after taking into consideration the fact that the appellants the owners of the property .....

Gtl Limited Vs. Ifci Ltd. and ors.

Court: Delhi

..... of the facility agreement rather the escrow agreement brings into the existence of the future executory consideration as stated in the facility agreement further the escrow agreement refers to the facility agreement ..... either under section 172 or under section 178 of the act and the consideration in the said agreement remains executory in nature which is the shares belonging to the plaintiff being the .....