Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 131 revocation of continuing guarantee by suretys death Court: karnataka Page 2 of about 37 results (0.048 seconds)

Mysore Sales International Limited a Government of Karnataka Undertaki ...

Court : Karnataka

Reported in : 2009(243)ELT161(Kar); ILR2009KAR2974; 2009(5)AIRKarR446

..... specifically indicated. therefore, in the absence of any such evidence to indicate that defendant no. 1 had taken all the care required as provided under section 151 of the indian contract act, it is not open for it to contend that it is not liable for losses occasioned. no doubt, as per the public notice, which was issued pursuant to an ..... the custodian under section 45(1), even custodian is answerable to the customs department for any loss or destruction of such goods.36. according to section 151 of the indian contract act, in all cases of bailment, the bailee is bound to take as much care of the goods bailed to him as a man of ordinary prudence would under ..... taken all the care as is required by a man of ordinary prudence, he is absolved from liability.37. as per section-152 of the indian contract act, the bailee in the absence of any special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the amount of care of it described .....

P. Janakiram Chetty Vs. Punjab National Bank Ltd. and anr.

Court : Karnataka

Reported in : AIR1968Kant56; AIR1968Mys56; (1967)2MysLJ168

..... examine first this contention of the learned counsel whether the appellant-second defendant is discharged. chapter viii of the indian contract act, 1872, deals with indemnity and guarantee 126 defines a contract of guarantee thus:'a 'contract of guarantee' is a contract to perform the promise, or discharge the liability, of a third person in case of his default. the ..... we will, therefore, proceed to consider whether the appellant is discharged.(20) ss. 133 to 135 and 139 and 141, appearing in chapter viii of the indian contract act, state when a surety can be said to be discharged, section 133 states that the surety is discharged when any variance is made without the surety's ..... are guarantors, are not entitled to any notice of the sale, in support of that conclusion, it relied upon the provision of section 176 of the indian contract act which deals with the rights of the pawnee where the pawner makes default in payment of the debt. though the trial court notices that under section 176 .....

The Karnataka Bank Ltd. Vs. Gajanan Shankararao Kulkarni and anr.

Court : Karnataka

Reported in : AIR1977Kant14; ILR1976KAR1255; 1976(2)KarLJ37

..... avail himself of all those securities against the debtor. this right of a surety also stands. not upon contract but upon a principle of natural justice.'this rule of equity is embodied in section 141 of the indian contract act, 1872. the said section states:'a surety is entitled to the benefit of every security which the creditor has against ..... the principal benefit at the time when the contract of suretyship is entered into, whether the surety knows of the existence of ..... him for any sum which may become pay-able by jagatram to the governor. under the provisions of the contract which invoked the provisions of the forest contract rules and under the provisions of the indian forest act the state had a charge over the goods sold as well as the right to remain in possession till payment .....

K. Babjan, Bhadravathi and Another Vs. Shimoga Urban Development Autho ...

Court : Karnataka

..... submit that under any circumstances the action of forfeiting 25% of the amount paid by the petitioners is arbitrary and is in conflict with section 74 of the indian contract act. 10. to appreciate the submissions advanced by learned counsel for the petitioners in the light of the judgments of the supreme court, it would be relevant to ..... without prejudice to any other remedy or action that the government may have to take. it is, in this context, after considering the provisions of section 74 of the indian contract act, the supreme court, in paragraph 7 of the judgment held thus: for forfeiture of a reasonable amount paid as earnest money does not amount to imposing a penalty. ..... (disposal of corner sites and commercial sites) rules 1991 (for short the rules) is ultra virus the constitution and is in conflict with section 74 of the indian contract act. the petitioners have also prayed for a writ of mandamus directing respondent no.1 to refund an amount of rs.1,86,250/- and rs.1,56,500/- .....

The General Manager, Taluk Agricultural Produce Co-operative Marketing ...

Court : Karnataka

Reported in : AIR1998Kant354; ILR1998KAR2946; 1998(3)KarLJ527

..... money'.the supreme court in moula bux v union of india , considering the question, whether forfeiture of earnest money under a contract for sale of property does not fall within section 74 of the indian contract act, has, after considering the catena of decisions has held that:--'forfeiture of a reasonable amount paid as earnest money does not ..... him'.18. in union of india v rampur distillery and chemical company limited , the supreme court considering the scope of section 74 of the indian contract act with reference to the permissibility of forfeiture of security deposit for default has held as follows:'4. it is important that the breach of ..... one sided will definitely come within section 74 of the contract act.the supreme court in fateh chand v balkishan dass, considering the purport and intent of section 74 of the indian contract act has held as follows:'. . .section 74 of the indian contract act, which in its material part provides: 'when a contract has been broken, if a sum is named in .....

Indian Bank, Sardar Patel Road, Mysore Vs. Mrs. M. Ambika and Others

Court : Karnataka

Reported in : 2001(1)KarLJ478

..... contentions advanced by the learned counsel appearing on both sides. 11. before proceeding further, it will be appropriate to refer and quote section 141 of the (indian) contract act, 1872 which reads as under: '141. surety's right to benefit of creditor's securities.--asurety is entitled to the benefit of every security which the creditor has ..... of the forest contractor. the surety kaluram contends that because the state lost or parted with the security, he be discharged. by section 140 of the indian contract act, 1872 where a guaranteed debt has become due, or default of the principal debtor to perform a guaranteed duty has taken place, the surety upon payment or performance ..... the surety, parts with such security, the surety is discharged to the extent of the value of the security'.12. section 141 of the (indian) contract act, 1872 referred to above, confers right on the surety to take the benefit of every security which the creditor has against the principal debtor at the time when the .....

B. Narayana Rao and ors. Vs. S.K. Francis

Court : Karnataka

Reported in : AIR1953Kant68; AIR1953Mys68

..... of time for payment to the judgment-debtor and that the effect of it is to discharge the liability of the sureties under section 135, indian contract act. section 135 refers to a contract between the creditor and the principal debtor by which the creditor makes a composition with or promises to give time to or not to sue the ..... immediately on a debt becoming due to insist on proceedings being taken at once against the principal debtor and any contract that would prevent the creditor from suing him would be inconsistent with that right. see section 139, indian contract act. 'mere forbearance on the part of the creditor does not in the absence of any provision in the ..... guarantee to the contrary discharge the surety under section 137 of the act.'12. for the respondent some cases have been cited and they will be .....

A.A. Khan and ors. Vs. Ameer Khan and ors.

Court : Karnataka

Reported in : AIR1952Kant131; AIR1952Mys131; ILR1951KAR486; (1953)31MysLJ103

..... to the benefits of partnership under section 30(1).14. in 'rafiq muhammad v. khawaja qamar din', air 1922 lah. 441 the words of section 247 of the indian contract act 'that a minor may be admitted to the benefits of a partnership' were considered and it was held that if he is admitted to the benefits of partnership, his ..... b to form a partnership. ii was observed in that case that there being no partnership in existence, the provisions of section 247 of the indian contract act (which corresponds to section 30 of the indian partnership act) could not be applied in his favour. in 'v. manic kavelu mudahar v. commr. of income tax, mysore', 10 mys. l.j. 316 it ..... cent per annum on the amount of his share in the property of the firm.'he argues that the plaintiffs may invoke the provisions of section 65 of the contract act to recover the benefits or any advantage which the defendants may have realised under a void agreement. that section provides that under an agreement discovered to be void, .....

Indian Telephone Industries Limited, Bangalore Vs. Bansons Engineering ...

Court : Karnataka

Reported in : AIR2000Kant161; 2001(2)KarLJ351

..... 5,973-00, 417-73, 621-90 and 841-37 paise.7. in the written statement, legal submission like section 69 of the partnership act and section 230 of the indian contract act, the premature nature of the suit and payment of agency commission only after the acceptance of the goods was raised. apart from that, the placing ..... s. no. 10778 of 1987 was that the suit was not maintainable under section 230 of the indian contract act. the foreign principal of the respondent submitted tenders for the supply, erection, commissioning and maintenance of a fully automatic contract building line and thereafter a revised offer was made to the appellant directly at bangalore, and the same ..... attracts the equitable jurisdiction'.in kotrabasappa s. v the indian bank, davanagere, another division bench of this court has held that when a person utilised the amount, such person is bound to pay interest or return the amount in view of section 72 of the contract act. in that case, the division bench considered and laid .....

Ms Jayshree Gururaj Vs. Cisco Systems (India)private Limited

Court : Karnataka

..... 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 wp197262015 25 proceeding. it is open for the petitioner to agitate her grievance before ..... 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 ..... articles 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 section23 of the indian contract act and unconstitutional and consequently, set aside the order of termination dated 24.04.2015 at annexure-d by .....