Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 138 release of one co surety does not discharge others Page 10 of about 3,772 results (0.395 seconds)

Lallan Shah vs.indraprastha Power Generation Co. Ltd. & Ors.

Court : Delhi

..... had been substituted with small motors of coolers and as such, a fraud was committed upon him by the defendants. it is argued that contract dated 17.04.2010 is hit by section 19 of the indian contract act, 1872. per contra, the learned counsel for defendant no.1 has referred to condition no.5, 10.1 to 10.3 and 11, which ..... have already been re- produced in the preceding paragraphs and has emphasized that before entering into the contract, the plaintiff had ample opportunity from 01.04.2010 ..... of 12.5 mw capacity and 5 mw respectively can not be accepted by any person having ordinary prudence. it goes against the exception provided under section 19 of the indian contract act. it is admitted case of the plaintiff that he is a seasoned scrap purchaser-dealer. he is the past master in his profession. it cannot be said that .....

Cox And Kings Ltd. Vs. Sap India Pvt. Ltd.

Court : Supreme Court of India

..... of any law in force for the time being as to references to arbitration. 10 section 2(h) of the indian contract act, 1872 reads: (h) an agreement enforceable by law is a contract; 11 section 2(e), indian contract act 1872 reads: (e) every promise and every set of promises, forming the consideration for each other, is an agreement; ..... attached to the office referred to in explanation i or whether or not such office is attached to a particular place. 8 hereinafter the contract act . the relevant portion of section 28, indian contract act, 1872 reads: 28. agreements in restraint of legal proceedings, void. every agreement, (a) by which any party thereto is restricted absolutely from ..... or not. the use of the phrase whether contractual or not qualifies the dispute, not the agreement; an arbitration agreement must always be a contract, but 13 section 2(d), indian contract act 1872 reads: (d) when, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or .....

Pulingundla Venkatappa Naidu and ors. Vs. Geddam Chinnappa Naidu

Court : Chennai

Reported in : AIR1945Mad171; (1945)1MLJ158

..... it becomes void so as to attract the provisions of section 65 of the indian contract act is clear from the decision of the privy council in mahanth singh v. u ba yi : air1939mad740 where they make the following observations :not every unenforceable contract is declared void, but only those unenforceable by law, and those words mean ..... of opinion that the unregistered sale deed amounted to a contract of sale, and as the right to enforce specific performance of the contract had become barred, the contract had become void as it ceased to be enforceable and therefore the provisions of section 65 of the indian contract act would apply. he set aside the decree and remanded ..... of the learned district munsiff that section 53-a of the transfer of property act had no retrospective effect, was of opinion that the plaintiffs were not entitled to a decree for possession, as under section 65 of the indian contract act, the contract had become void and that they should disgorge the benefit that they had .....

Federal Bank Ltd. Vs. Western Paques (India) Ltd. and

Court : DRAT Mumbai

Reported in : III(2005)BC163

..... again i must observe that argument of advocate appearing for the karkhana was not based solely, and exclusively on the doctrine enunciated by sections 69 and 70 of indian contract act. it was only a supportive argument. however, the advocate for the applicant bank has unnecessarily put the same on a higher pedestal. this was absolutely unwarranted. ..... has to be rejected.it appears that during the course of argument, the advocate appearing for the karkhana, made reference to sections 69 and 70 of the indian contract act. it appears that it was contended by the learned advocate before the drt that the karkhana did not spend the amount gratuitously and did not incur the expenses ..... has incurred those expenses. this is on the first principle basis and there is no need to take recourse to the principles of quasi-contract or sections 69 and 70 of the indian contract act.in the present case at hand, the plant is belonging to the applicant bank. it was, therefore, their primary duty to incur expenses .....

In Re: K.L. Gauba

Court : Mumbai

Reported in : AIR1954Bom478; (1954)56BOMLR838; ILR1955Bom11

..... is no doubt wide in its realm; but the exercise of this freedom must always be subject to the considerations mentioned in s. 23 of the indian contract act,if a contract is opposed to public policy, it would be treated as invalid by courts in india, and this conclusion cannot be challenged on the ground that it involves ..... administration of justice does not present any difficulty. all agreements that obstruct or affect administration of justice would be treated as invalid under s. 23 of the indian contract act. the agreement between a lawyer and his client is directly concerned with the administration of justice. it is an agreement between a lawyer, who is an officer ..... over three quarters of a century; it is these principles which must be applied in interpreting and administering the provisions of s. 23 of the indian contract act in relation to such contracts between lawyers and their clients.20. that leaves only one question to be decided and that is, what would be the proper order to pass .....

Mcdermott International Inc. Vs. Burn Standard Co. Ltd. and ors.

Court : Supreme Court of India

Reported in : 2006(5)ALD84(SC); 2006(2)ARBLR498(SC); (2007)1CALLT36(SC); (2007)3CompLJ213(SC); (2006)4MLJ456(SC); 2006(6)SCALE220; (2006)11SCC181; 2005(10)SCC353

..... transport corporation ltd. v. brojo nath ganguly : (1986)iillj171sc wherein the applicability of the expression 'public policy' on the touchstone of section 23 of the indian contract act and article 14 of the constitution of india came to be considered. this court therein was dealing with unequal bargaining power of the workmen and the employer and ..... at because of the unequal bargaining power would not only be ultra vires article 14 of the constitution of india but also hit by section 23 of the indian contract act. in ongc (supra), this court, apart from the three grounds stated in renusagar (supra), added another ground thereto for exercise of the court's jurisdiction ..... arbitrator as also by the learned single judge.we, therefore, are of the opinion that in the instant case the second part of section 55 of the indian contract act would be attracted and not the first part.whether time was the essence of contract58. the question which, further, arises for consideration is as to whether .....

Union of India Vs. L.S.N. Murthy and anr.

Court : Supreme Court of India

Reported in : 2012(1)KLT1(SN); 2012(1)CTC329; 2012(1)LW221; 2012(1)SCC718; 2012(1)MLJ819

..... the consideration or object of an agreement is said to be unlawful. every agreement of which the object or consideration is unlawful is void. section 23 of the indian contract act inter alia states that the consideration or object of an agreement is lawful, unless the consideration or object of an agreement is of such a nature that, if ..... is void and is not enforceable in law. 9. for deciding whether an agreement is void and is not enforceable, we have to refer to section 23 of the indian contract act, which is quoted hereinbelow: 23. what consideration and objects are lawful, and what not - the consideration of object of an agreement is lawful, unless - it is ..... or object of the agreement between the appellant and the respondent no.2 defeated a provision of law, the agreement was void under section 23 of the indian contract act. in our considered opinion, the arbitrator has failed to appreciate not only the provisions of article 13(3)(a) of the constitution but also of section 23 .....

Bank of Baroda Vs. Avdoot Bhagwant Naik and ors.

Court : Mumbai

Reported in : AIR2005Bom224

..... the negligence of the bank.23. in the above context, the hon'ble supreme court with reference to section 141 of the indian contract act, 1872 observed that 'it is true that section 141of the indian contract act has limited the surety's right to securities held by the creditor at the date of his becoming surety and has modified the ..... the defendant no. 1.10. mrs. s. s. naik, learned counsel on behalf of the plaintiff, has placed reliance on sections 126, 127 and 128 of the indian contract act, 1872 and has also placed reliance on the cases reported in m/s. m. ramnarain pvt. ltd. v. state trading corporation of india ltd. air 1988 bom 45, ..... said judgment/decree by placing reliance on sections 135, 139 and 141 of the indian contract act, 1972. mr. ramani, learned counsel has also placed reliance on the case reported in : [1968]3scr724 .12. a brief reference to the relevant sections of the indian contract act, 1872 (act, for short) relied upon by the learned counsels will not be out of context .....

Rani Constructions Pvt. Ltd. Vs. Pati-bel J.V. and anr.

Court : Delhi

Reported in : III(2006)BC554; 2006(1)CTLJ448(Del); 129(2006)DLT38; 2006(88)DRJ291; (2006)144PLR24

..... would, thereforee, be governed by the statutory provisions. the common law principles as applicable in england or in the usa which have been imported into the indian legal system after the indian contract act, 1872 would only supplement it and not supplant it. this, i am afraid, is often lost sight of when considering the question of injunction of bank ..... defendant no. 1 and the plaintiff, i.e., between the creditor and the principal debtor even to the limited extent permissible under section 134 of the indian contract act, 1872. another important circumstance is that the guarantee itself reveals that the bank is liable to pay on the first demand without the bank having any right ..... , upon construing the third paragraph of the bank guarantees, one finds that the bank has even waived its right under section 133 of the indian contract act, 1872. the third paragraph of the bank guarantees provides that the bank agrees that no change or addition to or other modification of the terms of the .....

G.D. Subramaniam Vs. the Sub Registrar,

Court : Chennai

Reported in : (2009)2MLJ644; 2009CIJ243Madras

..... first respondent ought not to have registered the said document as the same is opposed to public policy and also contrary to the indian contract act, the transfer of property act and the indian registration act; more particularly, section 32a of the indian registration act and so, the registration of the cancellation deed to which the petitioner was not a party, is illegal. on these grounds, the petitioner ..... no specific provision for cancellation of a sale in the transfer of property act. section 4 of the said act states that the chapters and sections of the said act which relate to contracts shall be taken as part of the indian contract act. since, a sale is an executed contract, section 62 of the indian contract act is applicable which speaks of conditions under which novation, recession and alteration of .....