Court : Chennai
Reported in : (1991)2MLJ125
..... act provides for the dissolution of a partnership at will by notice. as ..... out any such mutual contract for dissolution of the suit partnership. section 43 of the said ..... attention is drawn:section 40 of the indian partnership act says that a firm may be dissolved with the consent of all the partners or in accordance with the contract between the partners...the rule laid down in section 40 of the indian partnership act is an application of the general rule relating to discharge of a contract by mutual agreement. the evidence on record does not make ..... a firm can be inferred from various circumstances and that there is no necessity for a notice in writing to bring about a dissolution. in pollock & mulla's 'the indian partnership act.' fifth edition page 112, the following passage is found:an intention to dissolve a firm may be inferred from circumstances showing that a partner has in fact abandoned his .....Tag this Judgment!
Court : Mumbai
Reported in : (1946)48BOMLR775
..... agreement is valid if it is a promise to compensate, wholly or in part, a person who has already voluntarily ..... document is styled as a gift, yet under proviso (6) to section 92 of the indian evidence act it is open, to a party to prove that there was a consideration for it or that it was passed in the discharge of an antecedent agreement. under section 25 of the indian contract act an agreement made without consideration is void, but under clause (2) of that section an ..... of the deed of gift he held that there was such an agreement preceding the deed, and observed (p. 359) :if there was an agreement it would obviously have been unenforceable; and since section 28. of the indian contract act has been incorporated in the transfer of property act, the conveyance made in discharge of the agreement was invalid. if on the other hand there was no promise ..... gift void;(3) under section 2(d) of the indian contract act, past illicit cohabitation can be the consideration for an agreement or a transfer of property other than a gift and such an agreement or transfer is void; and(4) if such a void agreement precedes a gift and the gift is made in discharge of that agreement, then the gift also is void.19. applying these .....Tag this Judgment!
Court : Mumbai
..... does not matter. its liability as guarantor would be co-extensive with that of the principal debtor. it would be discharged only under the circumstances set out in sections 133 to 135 of indian contract act, 1872. as the principal party to the agreement also its liability would be primary only. the liability would even otherwise be there in view of the fact that defendant ..... the cargo of mv dubai and over which the plaintiff was exercising lien. only if that liability is discharged, can the plaintiff's obligations be enforced. 20. the contract is also not without consideration. upon the confirmation of the defendant no.1 in the agreement itself, the plaintiff released the entire cargo of mv peristil. the consideration is, therefore, good for the satisfaction ..... made. the exact amount would be agreed only upon defendant no.2 making the relevant enquiries for its initial liability which defendant no.1 was to discharge upon its confirmation in clause 1 of the agreement. 7. defendant no.2 was ordered to be wound up by a chinese court. the plaintiff's vessel came to be arrested. the plaintiff could not ..... , though it is described as such in the clause showing the parties to the agreement. the confirmation of the liability by defendant no.1 itself shows that it was the principal party to that contract. the contract itself does not show that the liability of defendant no.2 would be discharged only if defendant no.2 failed to make the payments. hence we may .....Tag this Judgment!
Court : Mumbai
..... of plain language of section 28 (b) of the indian contract act, the said provision applies to 'every agreement' and 'any contract' subsisting on that date and entered into thereafter. section 28 (b) of the indian contract act applies to the contracts which are subsisting as on 8th january 1997 and those which were not discharged, such as the present agreement, where the claims made by the petitioner against the respondent ..... contemplated under clause 10.2 expired on 26th october 1996. the notice invoking arbitration agreement was issued on 6th june 1997 which was barred by law of limitation. the petitioner stood discharged of its liability accordingly which was much prior to the amendment to section 28 of the indian contract act, 1872. learned counsel distinguished the judgments of the supreme court relied upon by the ..... respondent no.2 invoked arbitration agreement on 6th june 1997. the amendment to section 28 of the indian contract act, 1872 was brought into effect on 8th january 1997. 34. it is the submission of the learned counsel for the petitioner that since the liability of the petitioner stood discharged much prior to the amendment to section 28 of the indian contract act, 1872, there was no right .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1928Bom522; (1928)30BOMLR1455
..... fact that the discharge had been given in pursuance of an alleged oral agreement was immaterial. in ariyaputhira v. muthuhomaraswami i.l.r (1912) mad. 423 it was held that a mortgage created by ..... inadmissible, but evidence proving a discharge of the debt, not being a varying or adding to the terms, is not excluded by section 92 of the indian evidence act.6. in this state of the authorities, and having regard to the difference between an actual disoharge or remission falling under section 63 of the indian contract act and an under-lying agreement to accept a less amount ..... evidence to prove the agreement so to modify the original registered contract was inadmissible. similarly, in karampalli unni kurup v. thekku vittil muthorakutti i.l.r (1902) mad. 195, the creditors gave a discharge for the whole rent due on receiving a less sum, and it was held that that could be proved as a discharge under section 63 of the indian contract act, and that the ..... a registered instrument may be proved to have been discharged by admissible evidence (including oral evidence) of payment of the mortgage .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(3)ALLMR63; IV(2008)BC73; 2008(5)BomCR909; 2008(2)CTLJ180(Bom)
..... of clause (b) of section 28 of the indian contract act, 1872. as is noticed by several pronouncements, which position was taken note of even by the legislature, clause (a) of section 28 as existed then, dealt only with the remedy and not matters relating to extinguishment of rights or discharging a party to the agreement from its liability on expiry of a specified period ..... obligations. it is further stated that the stand of the defendant no. 2 that the bank was relieved and discharged of its obligation on and from 30th april 1997, was untenable in view of the amended section 28 of the indian contract act, 1872, which came into force on 8th january 1997, on which date, admittedly, the bank guarantee was valid. it is stated ..... . by that date, the plaintiffs forfeited their rights under the bank guarantees and the defendant no. 2 stood discharged of the liabilities under the said guarantees.38. this stand, however, is refuted by the plaintiffs relying on the amended section 28 of the indian contract act, 1872. according to the plaintiffs, by virtue of the said amendment, it is no longer open to the ..... that the bank guarantees expired on 30th april 1997 on and from which date, the bank stood relieved and discharged from all their liabilities. according to the defendant no. 2 bank, the plaintiffs were ill-advised to rely on section 28 of the indian contract act, 1872 which amendment had no impact on the contractual obligation qua the defendant no. 2 bank. on the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2005(4)ALD850; 2005(5)ALT60
..... variance in the terms of contract, made without the consent of the surety, would discharge him from the liability arising therefrom, and the right of the plaintiff to proceed ..... is not in accordance with the conditions of the agreement ex. al, a2 and a3, and sought to extend the period of agreement beyond the period agreed for under exs.al, a2 and a3, the plaintiff having regard to the provisions of section 139 of the indian contract act, 1872, can safely be presumed to have discharged the principal borrower and other guarantors, including the ..... , no other persons, who are parties to the, agreement under ex.al, a2 and a3, have agreed to repay the loan amount taken by the principal borrower under ex. al, a2 and a3. here it is relevant to notice that under section 139 of the indian contract act, 1872, if the creditor does any act, which is inconsistent with the rights of the surety ..... the expiry date of the agreement, as may, 1987 on a different typewriter. as the material alteration made by the plaintiff sought to extend the period of agreement beyond the period agreed for, the learned counsel for the appellant contended that the agreement stood invalidated. in support of his submission that under section 133 of the indian contract act, 1872 any material alteration or .....Tag this Judgment!
Court : Chennai
Reported in : (1908)18MLJ497
..... have no liability at all and the owner agrees to the reduced rates discharging him from the common law liability there maybe an agreement with a good consideration--see peek v. north staffordshire railway company . i doubt, for the reasons already pointed out, whether this is permissible under the indian contract act. but in any event, it is for the shipowner to offer the alternative ..... care is similar to, if not the same as, that required to be taken by a bailee by section 151 of the indian contract act.47. the carriers act of 1830 enabled the inland common carriers to exempt themselves from liability by special agreement, and as there was no reason to treat carriers by sea differently from the carriers by land, the judges held that ..... acts they would otherwise be liable. there is nothing in our law to prevent the parties from making such a contract. the legislature has not interfered with shipowners, as it has with railway companies, to prevent their enforcing contracts which may seem to the courts not to be reasonable.33. in indian law there is, of course, nothing like an unenforceable contract, as only an agreement ..... they came within the reason of the statute and were therefore similarly entitled to enter into contracts of non-liability. let us see how these questions have in the meantime been dealt with in india.48. the corresponding indian act is .....Tag this Judgment!
Court : Delhi
..... no.2 under the maintenance agreement in view of clear and unambiguous non obstante clause ..... no.2 in the maintenance contract by entering into assignment agreement.44. in view of the same, the provisions of section 62 of the indian contract act are prima facie not applicable to the facts of the present case and it cannot be said that the assignment agreement novated the maintenance agreement or in any way discharge the obligations of the defendant ..... indian contract act, 1872 but the same is also contractually recognised whereby both the caf and caf india have undertaken to act as joint promissors towards their obligations under the maintenance agreement respectively to the extent their obligations overlap in the maintenance agreement. therefore, it cannot be said that the defendant no.2 as a joint promisor qua its respective obligation is completely discharged ..... , including arbitration can only be held in india and in no other country.14. it is also submitted that section 23 of the indian contract act, 1872 specifically prohibits the agreements/contracts entered into by any indian party of which the object is unlawful. since the arbitration clause would circumvent the laws of india and defeat the provisions of law, .....Tag this Judgment!
Court : Jharkhand
Reported in : AIR2005Jhar69; III(2005)BC217; [2005(2)JCR232(Jhr)]
..... agarwalla, case was also made out since there was variation in the terms of the agreement, hence due to variation in the terms of the agreement, without his consent, in view of sections 133 and 139 of the indian contract act, his liability stands revoked and he stands discharged from the liability as guarantor. now the following issue arise for determination in this appeal ..... these over drawls, there was some variance in the terms of the agreement. but this question is purely based on law points. the learned counsel appearing for the appellants referred to section 133 of the indian contract act, which is quoted hereinbelow :'133. discharge of surety by variance in terms of contract.--any variance, made without the surety's consent, in terms of ..... by reason of variation in terms of agreement of withdrawals, allowed in favour of the ..... :1. whether the agreement between the plaintiff-bank and the defendant no. 2 stood revoked .....Tag this Judgment!