Judgment Search Results Home > Cases Phrase: indian contract act 1872 section 141 suretys right to benefit of creditors securities Page 4 of about 101 results (0.105 seconds)

Jwala Prasad Vs. Jwala Bank Ltd.

Court : Allahabad

Reported in : AIR1957All143

..... in english law and observed that the differences in the way of formulating legal theories 'really do not concern us' so long as we have statutory provision in the indian contract act. mukherjea, (as he then was) observed:'in deciding cases in india the only doctrine that we have to go by is that of supervening impossibility or illegality as ..... that the salary in question had been foregone by him.sri jwala prasad admitted his signature on these statements and the correctness thereof. under section 63 of the indian contract act a promisee may dispense with or remit in part or in whole the performance of a promise made to him.having foregone the salary in question it is not ..... that the total amount comes to rs. 1,92,000/-.sri jwala prasad admitted his signatures on these statements and the correctness thereof. under section 63 of the indian contract act a promisee may dispense with or remit in pa't in whole the performance of a promise made to him. the sum payable to sri jwala prasad having once .....

Aryan Mining and Trading Corporation Ltd. Vs. B.N. Elias and Co. Ltd. ...

Court : Kolkata

Reported in : AIR1959Cal472

..... case of the application coming from the vendors and one coming from the vendee.' that opinion was affirmed in the exchequer chamber. the effect of section 55 of the indian contract act above quoted is, where the party having the option elects not to avoid, to put agreement after the original date on the same footing as an agreement, as put ..... the original agreed time, not that he cannot claim damages for non-performance at the extended time .......'he then went on to observe:'now apart from the terms of the indian contract act, the law is as laid down in tyers v. rose-dale and ferryhill iron co., (1873) 8 ex. 305. baron martin in that case said : 'the second ..... that by the agreement as to extension the parties in substance entered into new agreement and that such new agreement is not permissible in law under section 62 of the indian contract act. in support of his contention he relied mainly upon the decision in manohur koyal v. thakur das naskar, ilr 15 cal 319, where a bench of this court .....

Mugneeram Bangur and Co. Vs. Gurbachan Singh

Court : Kolkata

Reported in : AIR1959Cal576,63CWN549

..... ac 397 though they differed in their application of it. but their (the supreme court's) emphasis throughout was on the two sections, sections 32 and 56, of the indian contract act, and the terms of those two sections. the problem, therefore, was one of construction of the said two sections, or, of section 56 alone, so far as the ..... is not applicable recourse can be had to the principles of english law on the subject of frustration. it must be held also, that to the extent that the indian contract act deals with a particular subject, it is exhaustive upon the same and it is not permissible to import the principles of english law dehors these statutory provisions. the ..... . 48 of air) that'these differences in the way of formulating legal theories really do not concern us so long as we have a statutory provision in the indian contract act. in deciding cases in india the only doctrine that we have to go by is that of supervening impossibility or illegality as laid down in section 56 of the .....

M/S Hotz Industries Pvt. Ltd. Vs.dr. Ravi Singh (Since Deceased Throug ...

Court : Delhi

..... (os) no.1261/1995 page 23 of 39 (ii) an agreement to sell is a contract between the parties and contracts between the parties are subject matter of the indian contract act, 1872. the effect of breach of contract is provided under section 73 of the indian contract act. if there is a breach of contract then an aggrieved party is entitled to monetary damages as per section 73 of the ..... indian contract act and which monetary damages is the amount of loss which is caused to the aggrieved party under the contract. an aggrieved party who .....

East Delhi Municipal Corporation vs.ashwani Kumar Aggarwal

Court : Delhi

..... by the contractor, it does not make the clause valid inasmuch as it would render a fundamental condition of contract being hit by provisions of the indian contract act, 1872 (hereinafter, contract act ). every contract, to be valid, has to have consideration and the indefinite postponement of consideration would be wholly unconscionable. in ..... law of contracts in england is mostly judge-made, the law of contracts in india is enacted in a statute, namely, the indian contract act, 1872. in order that such a contract should be void, it must fall under one of the relevant sections of the indian contract act. the only relevant provision in the indian contract act which can ..... in making the payments. normally, payment should be made within a reasonable time after the contract has been executed and the party has performed his obligations under the contract. section 46 of the indian contract act, 1872 stipulates that where no time limit is specified, the engagement must be performed within a .....

North Delhi Municipal Corporation vs.varinderjeet Singh

Court : Delhi

..... accepted by the contractor, it does not make the clause valid inasmuch as it would render a fundamental condition of contract being hit by provisions of the indian contract act, 1872 (hereinafter, contract act ). every contract, to be valid, has to have consideration and the indefinite postponement of consideration would be wholly unconscionable. in ..... law of contracts in england is mostly judge-made, the law of contracts in india is enacted in a statute, namely, the indian contract act, 1872. in order that such a contract should be void, it must fall under one of the relevant sections of the indian contract act. the only relevant provision in the indian contract act which can ..... in making the payments. normally, payment should be made within a reasonable time after the contract has been executed and the party has performed his obligations under the contract. section 46 of the indian contract act, 1872 stipulates that where no time limit rfa502017 page 25 of 47 is specified, the engagement .....

North Delhi Municipal Corporation & Anr. Vs.gagan Chadha

Court : Delhi

..... a clause has been signed and accepted by the contractor, it does not make the clause valid inasmuch as it would render a fundamental condition of contract being hit by provisions of the indian contract act, 1872 (hereinafter, contract act ). every contract, to be valid, has to have consideration and the indefinite postponement of consideration would be wholly unconscionable. in fact a single judge of this court in ..... and give any reason for the delay in making the payments. normally, payment should be made within a reasonable time after the contract has been executed and the party has performed his obligations under the contract. section 46 of the indian contract act, 1872 stipulates that where no time limit is specified, the engagement must be performed within a reasonable time.8. in the applications for .....

North Delhi Municipal Corporation & Anr. Vs.amit Chadha

Court : Delhi

..... a clause has been signed and accepted by the contractor, it does not make the clause valid inasmuch as it would render a fundamental condition of contract being hit by provisions of the indian contract act, 1872 (hereinafter, contract act ). every contract, to be valid, has to have consideration and the indefinite postponement of consideration would be wholly unconscionable. in fact a single judge of this court in ..... and give any reason for the delay in making the payments. normally, payment should be made within a reasonable time after the contract has been executed and the party has performed his obligations under the contract. section 46 of the indian contract act, 1872 stipulates that where no time limit is specified, the engagement must be performed within a reasonable time.8. in the applications for .....

North Delhi Municipal Corporation & Anr. Vs.amit Tanwar

Court : Delhi

..... a clause has been signed and accepted by the contractor, it does not make the clause valid inasmuch as it would render a fundamental condition of contract being hit by provisions of the indian contract act, 1872 (hereinafter, contract act ). every contract, to be valid, has to have consideration and the indefinite postponement of consideration would be wholly unconscionable. in fact a single judge of this court in ..... and give any reason for the delay in making the payments. normally, payment should be made within a reasonable time after the contract has been executed and the party has performed his obligations under the contract. section 46 of the indian contract act, 1872 stipulates that where no time limit is specified, the engagement must be performed within a reasonable time. the leave in taken the .....

North Delhi Municipal Corporation vs.vipin Gupta

Court : Delhi

..... does not make the clause valid inasmuch as it rfa1602017 page 27 of 50 would render a fundamental condition of contract being hit by provisions of the indian contract act, 1872 (hereinafter, contract act ). every contract, to be valid, has to have consideration and the indefinite postponement of consideration would be wholly unconscionable. in fact ..... law of contracts in england is mostly judge-made, the law of contracts in india is enacted in a statute, namely, the indian contract act, 1872. in order that such a contract should be void, it must fall under one of the relevant sections of the indian contract act. the only relevant provision in the indian contract act which can ..... in making the payments. normally, payment should be made within a reasonable time after the contract has been executed and the party has performed his obligations under the contract. section 46 of the indian contract act, 1872 stipulates that where no time limit is specified, the engagement must be performed within a .....