Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 131 revocation of continuing guarantee by suretys death Court: karnataka Page 1 of about 37 results (0.079 seconds)

T. Raju Setty Vs. Bank of Baroda

Court : Karnataka

Reported in : AIR1992Kant108

..... ) 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 indemnity'; section 125 defines 'rights 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 ..... up the rights available to a surety under chapter viii of the indian contract act? in other words, whether it is open to contract outside the provisions of chapter viii of the indian contract act? if so, whether such a contract is not hit by section 23 of the indian contract act?(2) if a suit for recovery of money filed against the principal debtor and sureties making a claim jointly .....

Corporation Bank Vs. Mohandas Baliga

Court : Karnataka

Reported in : ILR1993KAR201; 1993(1)KarLJ308

..... guarantee. section 124 defines the expression 'contract of indemnity'; section 125 defines 'right of indemnity holder when sued'; section 126 defines the expressions 'contract of guarantee','principal debtor' and 'debtor'; section 127 provides regarding the consideration for guarantee ..... chapter viii of the indian contract act? if so, whether such a contract is not hit by section 23 of the indian contract actthese questions under point no. 1 were considered in paras 9, 10, 10.1, 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 .....

India Builders Corporation Rep. by Its Managing Partner, Mr. Ziaulla S ...

Court : Karnataka

Reported in : ILR2009KAR4028

..... stated under explanation ii to section 44a c.p.c. it is also not possible to hold that decree sustains a claim founded on breach of section 74 of the indian contract act. for these reasons, points 2 & 3 are answered in the negative.reg: point nos. 4 & 5:22. it is the contention of judgment-debtor (india ..... v. the proceedings is which judgment is obtained are opposed to principles of natural justice. the judgment sustains a claim founded on breach of section 74 of the indian contract act.vi. the witness statement stated to have been made by mr. ziaulla sheriff is a concocted document.9. sri udaya holla, learned senior counsel appearing for ..... awarded by the high court of justice, chancery division, london. the judgment awarding damages as aforesteted does not contravene provisions of section 74 of the indian contract act. the parties had entered into contract in u.k., in respect of property situate at u.k. therefore, adjudication of damages by applying english law cannot be termed as breach of .....

Sabina D'Costa Vs. Joseph Antony Noronha

Court : Karnataka

Reported in : AIR1984Kant122; 1983(1)KarLJ452

..... be obliged to return rs. 10,000/- received as advance. the decision so rendered is in accordance with the letter and sprint of section 74 of the indian contract act, the provisions of which are applicable. to the facts of the present case. in that view. i hold that there is no reason for me to interfere ..... in the caw, fateh chand v. balkishan dan, air 1969 sc 1405. 'in pars, 8 of the judgment, has ruled thus:'section 74 of the indian contract act is clearly an attempt to eliminate the somewhat elaborate refinements made under the english common law in distinguishing between stipulations providing for payment of liquidated damages and stipulations in ..... ex cathedra firmly establish the proposition that if what is contemplated in the agreement is by way of penalty, then section 74 of the indian contract act would come into 'play. but, if the contract is such as damages cannot be ascertained, then, if the parties predestinated the damages and the same appears reasonable, that amount shall .....

Life Insurance Corporation of India Vs. Devendrappa Bujjappa Kadabi an ...

Court : Karnataka

Reported in : [1990]69CompCas404(Kar)

..... with consideration and object of an agreement. the provision of the indian contract act do not, as a matter of course apply to transfer of property. section 4 of the transfer of property act provides thus : '4. the chapters and sections of this act which relate to contracts shall be taken as part of the indian contract act, 1872. and section 54, paragraphs, 2,3,59,107 and 123 shall ..... the interest affected thereby, or (2) for an unlawful object or consideration within the meaning of section 23 of the indian contract act, 1872 or (3) to a person legally disqualified to be a transferee.' 19. thus, section 6 of the transfer of property act, which deals with the topic of 'what may be transferred' provides that no transfer can be made for an unlawful .....

Commissioner of Income Tax and anr. Vs. P. Surendra Prabhu

Court : Karnataka

Reported in : (2005)198CTR(Kar)209; ILR2005KAR5906; [2005]279ITR402(KAR); [2005]279ITR402(Karn)

..... , would be applicable, the scheme admittedly being contractual in nature, the provisions of the act shall apply. the scheme having regard to its provisions as noticed hereinbefore would merely constitute invitation ..... indian contract act would be only applicable at the formulation of the contract as also the determination thereof. subject to certain just exceptions, even specific performance of contract by way of a direction for reinstatement of a dismissed employee is also permissible in law.'the court has further stated :'once it is held that the provisions of the indian contract act, 1872 ..... agreement with respective employer, i.e., the employee sheds all his rights under the statutory regulations and enters into a new contract as per the provisions of indian contract act. under the scheme, what was agreed to be paid by the employer was an incentive and the same is received by .....

Jayakunvar Manilal Shah Vs. Syndicate Bank

Court : Karnataka

Reported in : ILR1992KAR1053; 1992(2)KarLJ583

..... . premco saw mill; (iii) : air1929all72 , chakanlal and ors. v. kanhaiyalal ors. ; (iv) , gulam hussain v. faiyaz ali khan;24. section 127 of the indian contract act, 1872 ('the act' for short) reads thus:-'127. consideration for guarantee. - anything done, or any promise made, for the benefit of the principal debtor, may be sufficient consideration to the surety for ..... a past benefit can constitute a valid consideration for the sustenance of such an engagement.................'.'14. a reference to illustration (c) of section 127 of the indian contract act may be made. it reads:'a, sells and delivers goods to b. c afterwards without consideration, agrees to pay for them in default of b. ..... an earlier agreement. illustration (c) to section 127 completely negatives a consideration which the oudh court has chosen to give to section 127 of the indian contract act. apart from this the case originally set out by the plaintiff was that ex.2 had for its consideration cash. the lt.col, had challenged .....

Jayshree Gururaj Vs. Cisco Systems (India) Private Limited, through it ...

Court : Karnataka

..... petitioner joined service of the company are sustainable in law? whether they are against public policy and therefore, do not constitute a valid contract as per section 23 of the indian contract act are matters that cannot be gone into in this proceeding. it is open for the petitioner to agitate her grievance before the appropriate ..... her services. she has sought for a declaration declaring that clause 12(c) (ii) of the contract of employment as illegal, unfair and contrary to public policy as per section 23 of the indian contract act apart from being unconstitutional. she has also sought for setting aside the order of termination and for restoration ..... 226 of the constitution of india, praying to declare the term 12(c)(ii) of the contract of employment as illegal, arbitrary, unreasonable, unconscionable, unfair, contrary to public policy and section 23 of the indian contract act and unconstitutional and consequently, set aside the order of termination dated 24.04.2015 at annexure-d .....

Lt. Cdr. M.C. Kendall Vs. S. Chandrasekhar

Court : Karnataka

Reported in : ILR1991KAR4142; 1992(1)KarLJ604

..... of a further formal agreement is made at condition or term of the bargain and if the formal agreement is not approved and signed there is no concluded contract.' (indian contract act by pollock & mulla, 9th edition, page 84).'the circumstance that the parties do intend a subsequent agreement to be made is evidence to show that they ..... upon the approval of the title by the solicitor, but of simply fixing the time for the payment of the purchase money without waiting for a conveyance.' (indian contract act by pollock and mulla, 9th edition, page 88-89).' 25. before examining the correctness or otherwise of the finding given by the learned civil judge, particularly ..... plaintiff in ex.p-1. even if there were to be such a stipulation as pointed out earlier with reference to the observation in the book 'indian contract and specific relief acts (10th edition) at page 107' and culled out earlier, the same will not have the effect of rendering the completeness of the agreement conditional to .....

Dyaviah and anr. Vs. Shivamma and anr.

Court : Karnataka

Reported in : AIR1959Kant188; AIR1959Mys188

..... registrar, the sale was complete. it is thus a case where an agreement of sale was later on discovered to be void, as contemplated in section 65 of the indian contract act. as per terms of that section, the plaintiffs who claim that the sale be set aside and the property delivered to them, are bound to restore the money ..... the privy council in harnath kunwar v. indar bahadur singh reported in ilr 45 all 179: (air 1922 pc 403) where their lordships dealing with section 65 of the indian contract act have held :'an agreement therefore discovered to be void is one discovered to be not enforceable by law, and, on the language of the section, would include an agreement ..... the minority of the vendor.the learned advocate for the respondents urges that the only provision under which such a claim can be made is section 68 of the indian contract act and that the scope of that section extends only to the reimbursement in respect of the necessaries of life supplied for the minor. it is also urged that the .....