Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 138 release of one co surety does not discharge others Court: himachal pradesh Page 1 of about 7 results (0.157 seconds)

Anil Kumar and ors. Vs. Central Bank of India and ors.

Court : Himachal Pradesh

Reported in : AIR1997HP5

..... bank of india, air 1986 ori 247.23 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 ..... . moreover, it is the right of the decree-holder to proceed with it in a way he likes. section 128 of the indian contract act itself provides that 'the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the ..... circumstances, the court was justified in fastening' the liability qua the other surety. (ii) the court having invoked provisions of sections 139 and 141 of the contract act, in discharging one of the sureties, whether in the circumstances the lower appellate court was justified in not discharging the liability of the appellant. 9. during the .....

Union of India (Uoi) Vs. Sansar Chand and ors.

Court : Himachal Pradesh

Reported in : AIR1960HP1

..... were two-fold : in the first place, he submitted--& in my opinion with considerable justification--that the court below has wrongly assumed that the provisions of the indian contract! act were in force in chamba district at the relevant time. he pointed out that the surety bonds were executed by respondents 3 to 6 on 29th bai-sakh, 2005 ..... while the patta, ex. d.w. 31/b, was completed on 12th har, 2005 b. (corresponding to 25-6-1948 a.d.). the provisions of the indian contract act were applied to himachal pradesh, including the chamba district, by the himachal pradesh (application of laws) order, 1948, dated 25-12-1948 and by the merged (states) laws ..... to make out a case of impossibility of performance, it has to be shown that the contract could not be performed, by the reason of anything that the government did in the matter. under section 56 of the indian contract act, if a contract becomes impossible or by reason of some event which the promisor could not prevent, becomes unlawful then .....

Charu Bhatnagar Vs. H.P.M.C.

Court : Himachal Pradesh

Reported in : AIR2006HP119,2007(2)CTLJ126(HP),2006(1)ShimLC465

..... receipt of apples is not disputed and the defendant had enjoyed the benefit of such apples and whether the appellant was entitled to such payment under section 70 of the indian contract act, 1872.2. whether the findings of the learned district judge, shimla, are not sustainable in law for non-consideration of material oral and documentary evidence and particularly document ext. pw8/27 ..... banks in relation to commercial transactions.explanation 1.-in this sub-section, 'nationalized bank' means a corresponding new bank as defined in the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970).explanation-ii.-for the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the .....

Madan Mohan and anr. Vs. H.P.M.C.

Court : Himachal Pradesh

Reported in : AIR2006HP105,II(2007)BC602

..... receipt of apples is not disputed and the defendants had enjoyed the benefit of such apples and whether the appellants were entitled to such payment under section 70 of the indian contract act, 1872? (2) whether the findings of the learned district judge, shimla are not sustainable in law for non-consideration of material oral and documentary evidence and particularly documents ex. pw-1 ..... banks in relation to commercial transactions.explanation-i. in this sub-section, 'nationalized bank' means a corresponding new bank as defined in the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970).explanation-ii. for the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the .....

Shri Amar Chand Butail and anr. Vs. the Union of India (Uoi) and ors.

Court : Himachal Pradesh

Reported in : AIR1962HP43

..... appellants are liable to compensate respondent no. 1 to the extent of the benefit derived by them in connection with the aforesaid transactions.25. section 70 of the indian contract act runs as below:--'where a person lawfully does anything for another person, or delivers anything to him not intending to do so gratuitously, and such other person enjoys ..... case no payment was made by respondent no. 2 to respondent no. 1 prior to the revocation of authority and as such according to the provisions of the indian contract act, the authority to pay was revocable.17. even if the first portion of the rule to the aforesaid commentary is held to be applicable to the instant case ..... respondent no. 2 to deposit the aforesaid amount and in support of that contention reliance has been placed upon the following passage in sanjiwa row's commentary on the indian contract act, 4th edition, p. 602.'a person cannot revoke an authority to his debtor to pay a debt to a third party, the creditor of the former, after .....

Smt. Rajkumari Soni Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : AIR1972HP1

..... money to smt. rat kumari soni by the government was also not made as rent but it was paid as compensation for use and occupation under section 70 of the indian contract act. that being so in my opinion, no relationship of landlady and tenant exists between the parties.20. in view of the above finding, this revision petition is hereby ..... government purposes, namely amenities for the troops. the only flaw was that the contracts were not in proper form and so because of this purely technical defect, the principal could not have been sued. but that is lust the kind of case that section 230 (3). contract act, is designed to meet.it would be disastrous to hold that the hundreds ..... jasani was challenged on the ground that he was subject to the disqualification set out in section 7 (d) of the representation of the people act, as he was interested in a contract for the supply of goods to the central government on the date of his nomination as well as on the date when the results were declared. .....

Arvind Singh Mann Vs. Himachal Road Trans. Corpn. Through Its General ...

Court : Himachal Pradesh

Reported in : 1990ACJ647

..... the passenger and the government as soon as tax by way of surcharge is paid on the travelling ticket purchased by the passenger. the argument that no contract as envisaged under the indian contract act comes into being, is not acceptable in view of the nature of the transaction that takes place between the passenger and the state and no protest ..... commencement of this section, there shall further be levied and paid to the state government a surcharge on the tax payable by every passenger carried by a stage/ contract carriage for each journey at a rate of 20 per cent subject to a minimum of 5 paise in any one case, the amount of surcharge being calculated to ..... shall cover the risk to the ex gratia payment as laid down in the schedule for death or disablement of the bona fide passenger travelling in stage carriage or contract carriage registered and/or licensed in the state of himachal pradesh to carry passengers for hire or reward and whose originating or destination point is in the state .....

Raj Kumar Gupta and ors. Vs. Des Raj and ors.

Court : Himachal Pradesh

Reported in : AIR1995HP107

..... and it can be considered for the purpose of deciding the question as to whether the deal in question has been frustrated in terms of section 56 of the indian contract act or not. there is a categorical statement of pw-3 that he did approach the concerned officers besides the chief minister and also the managing director of horticulture ..... accorded and secondly, that the agreement had been frustrated by the publication of the notification under section 16 of the 1977 act, therefore, performance of the agreement had become impossible in terms of section 56 of the indian contract act. thus, he had no alternative but to file the suit for the recovery of the amount advanced by the defendants along ..... the sale of the suit land can be implied in between the company and the defendants, if so, which company? the contract can be implied under section 9 of the indian contract act in so far as the proposal or acceptance of any promise is made in words, the promise is said to be express and in so far as .....

Himachal Pradesh Financial Corporation Vs. Man Mohan Kaur Anand and an ...

Court : Himachal Pradesh

..... schedule. regarding the penal interest, it would be important to note section 74 of the indian contract act, 1872, which lays down as under :'74, compensation for breach of contract where penalty stipulated for-- when a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or if the ..... would be available only so long as the instalments are regularly paid.27. viewed in the light of the legal position as reflected by section 74 of the contract act, the plaintiff-corporation is entitled to receive from the debtor reasonable compensation not exceeding the penalty stipulated irrespective of the fact whether or not actual damage or loss ..... when fresh default is made inrespect of which there is no such waiver. 12. the applicability of article 36 or 37 of the limitation act depends upon the terms of the contract and the nature of the claim or the character of the suit brought in terms thereof. the mere fact that a contractual document contains a .....

State Bank of India, Bathri and Etc. Etc. Vs. Balak Raj Abrol and anr. ...

Court : Himachal Pradesh

Reported in : AIR1989HP41

..... to be borne in mind that the cause of action against principal-debtorand surety is independent and separate. furthermore, when the legislature has specifically provided in section 137 of the indian contract act, 1872 that the creditor's forbearance to sue the'principal-debtor or to enforce any other remedy against him would not, in the absence of any provision in the guarantee to ..... of the guarantors, the supreme court observed : 'any proceeding against the guarantor would remain unaffected by the issuance of such a notification. under section 128 of the indian contract act, 1872, save as provided in the contract, the liability of the surety is coextensive with that of the principal-debtor. the sureties thus became liable co pay the entire amount. their liability was immediate and .....