Court : Mumbai
Reported in : (1924)26BOMLR595
..... will of the borrower.18. in these circumstances, even though the bargain had been unconscionable (and it has the appearance of being so) a remedy under the indian contract act does not come into view until the initial fact of a position to dominate the will has been established. once that fact is established, ..... such that auseri lal was 'in a position to dominate the will' of the respondent within the meaning of the amended section 16 of the indian contract act. it remains to be seen whether auseri lal used that position to obtain an unfair advantage over the respondent.14. this case was followed in ..... to the authorities cited their lordships think it desirable to make clear their views upon, in particular, sub-section 3 of section 16 of the indian contract act as amended. by this sub-section three matters are dealt with. in the first place the relations between the parties to each other must he such ..... that no court can accept a story thus unproved by its author as establishing a case either of mental distress or of undue influence under the indian contract act. the only case which the appellant has is the case derived from the contents of the mortgage itself.10. it is argued with force that ..... of smuel v. newbold  a.c. 461., that that case does not form any authority in the construction of the indian contract act. the case was determined under the moneylenders act, 1900, as it expressly bears. the issue was thus stated by lord macnaghten (p. 468):--it seems to me that the .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1960P& H585
..... been a breach of contract; and s. 70, imposes a similar obligation on a party resting, on ..... who cannot himself contract in express terms? the answer is, that what the law implies on the part of such a person is an obligation, which has been improperly termed a contract, to repay money spent in supplying necessaries. i think that the expression 'implied contract' is erroneous and very unfortunate.'(15) section 73 of the indian contract act contemplates a remedy, where there has ..... plaintiff is entitled to be paid for the work done by him and accepted by the defendants. the plaintiff has placed reliance upon the provisions of s. 70 of the indian contract act, which is reproduced below:'70. where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other ..... based on the doctrine of quantum meruit of english common law but the rule as embodied in the indian contract act admits of liberal interpretation. when a rule of english law receives a statutory recognition by indian legislature it is the language of the act which determines the scope, uninfluenced by the manner in which the analogous provision is construed in english law .....Tag this Judgment!
Court : Kolkata
Reported in : 36Ind.Cas.243
..... , where no plea in abatement or a similar plea is permitted, is not fatal nor a bar to the suit. the indian contract act provides ample remedies where one of the joint promisors has been sued and has paid the whole rent for that promisor to recover the amount paid by him in excess of his ..... be clearly right. a count for rent is the common indebitatus count, namely, a count to recover a debt. that clearly falls within the provisions of section 43 of the indian contract act and the promisee is entitled to require performance by any one or more of the promisors. the mere absence of one of the promisors in a suit in this country ..... justice stated in the course of his judgment that the liability of the tenants to pay the rent was contractual and that, applying the provisions of section 43 of the indian contract act, any one or more of the promisors could be compelled to fulfil the promise. he pointed out, however, that for the purpose of bringing the holding to sale under chapter ..... order to pursue the special remedies given by chapter xtv of the bengal tenancy act, it was essential that all tenants should be made defendants in the suit. but so far as the plaintiffs' getting a money-decree was concerned, the learned chief justice expressed the clear opinion that, under the terms of section 43 of the indian contract act, the plaintiffs were entitled to .....Tag this Judgment!
Court : Company Law Board CLB
Reported in : (2000)100CompCas464
..... fact. the dispute regarding non-payment of consideration cannot come under the purview of section 111, but only under the indian contract act for which necessary remedy lies in a civil court. the instruments of transfer were properly stamped in compliance with sub-section (1) of section 108 of the ..... been filed only upon a change of attitude ; the petitioners were, therefore, not entitled to invoke the discretionary jurisdiction of the court under section 155 of the companies act." (iii) dr. hardit singh giani, liquidator, the national planners ltd. (in liquidation) v. shri ram kumar  34 comp cas 402 (punj) to ..... reasons, and the presumption would be displaced when a petitioner positively proves that a power has been used without bona fides and the directors have acted oppressively, capriciously or corruptly or in some way mala fide." in the present case, articles 16 and 21 empower the board of directors of ..... c. m.devan, counsel for the petitioners, in his oral submissions are that the first petitioner-company is a private limited company incorporated under the act with authorised share capital of rs. 1,00,00,000 consisting of 10,00,000 equity shares of rs. 10 each. the company is engaged ..... act. the instruments of transfer were duly executed by the transferors as well as transferees in the prescribed form and in compliance .....Tag this Judgment!
Court : Karnataka
..... the indian contract act; there is no liability for the guarantor to pay the amount claimed and the interest thereon. 5. on consideration of ..... guarantee, if any, is already extinguished, as per sections 134 and 135 of the indian contract act. due to the negligence of the corporation, the hypothecated and pledged assets have deteriorated, damaged and became rusted resulting in heavy loss to the corporation, thereby the eventual remedy available against the company already lost and the personal guarantees are extinguished under section 139 of ..... their right over the property due to the above omission of the corporation and they are entitled to be discharged of their liability in accordance with section 139 of the contract act, 1872. 14. coming to the question of limitation, strong reliance is placed on two judgments of the apex court pronounced by the same bench within a time ..... over of the company and its assets being sold out, right against the guarantors is allowed to be lost. hence, the surety stands discharged under section 139 of the contract act. rightly the district judge has dismissed the petition. 11. the judgments of the apex court relied by the appellant/corporation are not applicable in the present facts and .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2001(6)ALD365; 2001(6)ALT640; 108CompCas12(AP)
..... observing that the very object of the guarantee is defeated if the creditor is asked to postpone his remedies against the sureties, held - 'a guarantee is a collateral security usually taken by a banker. the security will become useless ..... 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 contract.'. it was also further observed that the creditor is not bound to exhaust his remedy against the principal debtor before suing the surety, and a suit ..... liability of the bank i.e., the guarantor. under section 128 of the indian contract act, the liability of the surety is co-extensive with that of the principal debtor unless it is otherwise provided by the contract. a surely is no doubt discharged under section 134 of the indian contract act by any contract between the creditor and the principal debtor by which the principal debtor is ..... its remedies againstdefendant no.1. the plaintiff therefore filed an appeal challenging the legality and propriety of the said direction. the high court dismissed the appeal. hence, the matter was carried in further appeal before the supreme court. the apex court after referring to order xxi, rule 11 cpc as well as to the provisions of section 140 of the indian contract act and .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1928Bom17; (1927)29BOMLR1535
..... the respondent, and therefore anything that i may say must be taken subject to that fact. but it seems to me that the only remedy now open to the plaintiffs is one under section 19 of the indian contract act on the ground of misrepresentation. section 18 defines misrepresentation as inter alia '(2) any breach of duty which, without an intent to deceive, gains ..... , that even if there be a misrepresentation, which would give the plaintiff a ground for action, still it would only be under the second para of section 19 of the indian contract act that he can obtain relief, and that relief would be by putting him in the position which he would have occupied had the other shop remained at khokarwada and not ..... cestui que trust.13. it is, however, unnecessary for us to go into authorities on english law for it all comes back to this that under section 19 of the indian contract act the plaintiffs at most can only be entitled to be put in the same position as if the representation that was made had been true, supposing, as here, rescission is ..... consent was caused by fraud or misrepresentation may, if he thinks fit, insist that the contract shall be perform/id, and that he shall be put in the position in which he would have been if the representations made had been true.' so there are two remedies: (1) avoidance or rescission, and (2) completion and the enforcement of the representation.5. in .....Tag this Judgment!
Court : Chennai
Reported in : 7Ind.Cas.898; (1910)20MLJ633
..... has been argued that the surety will be discharged if he is liable to be sued when he cannot have any remedies against the debtor after a suit against him has become barred. the answer ..... . it is impossible to regard a debt as discharged by limitation when section 60 of the indian contract act speaks of a barred debt as a lawful debt, actually due and payable to the creditor. unless a law of limitation operates as well ..... the principal debtor is not discharged by lapse of time may also be gathered from section 25, clause 3, and section 6o of the indian contract act ix of 1872. a barred debt is a good foundation for a written promise to pay signed by the party liable to be charged therewith ..... . the remedies are barred, though the rights are not extinguished.' see anson's law of contracts, 11th edition page 343. it would, therefore, seem to follow that in mere omission to sue does not discharge the principal debtor, the surety is not discharged under section 184 of the indian contract act. it ..... is he is himself to blame. he can easily avoid the risk and clothe himself with all the creditor's rights by payment or performance as soon as the debtor becomes liable--section 140 of the indian contract act.6. to make the position clear, section 137 of the indian contract act .....Tag this Judgment!
Court : Allahabad
Reported in : (1902)ILR24All504
..... responsibility under it. the sureties then would, under the rule of section 134 of the indian contract act, stand discharged likewise by virtue of this omission of the creditor. but it was argued that (section 137 ib) 'mere forbearance on the part of the creditor to enforce his remedy against the principal debtor docs not, in the absence of any provision in the guarantee ..... the case of suits against agriculturists, applies to all agriculturists, whether principals or sureties, in the districts affected by the act. in the judgment of the court the meaning of the sections of the indian contract act to which we have referred, relating to contracts of guarantee, were considered, and the learned judges were of opinion that mere forbearance means a forbearance not resting upon ..... of haja, rimal v. krishnarav (1881) i.l.r. 5 bom. 647. the question turns upon the true construction of several sections of the indian contract act, the first and most important of which is section 134. this provides that 'the surety is discharged by any contract between the creditor and the principal debtor, by which the principal debtor is released, or by any ..... decree. it was held that the legal consequence of the omission to execute the decree being the discharge of the principal debtor, the sureties would, under section 134 of the contract act, stand discharged likewise; that the action of the decree-holder was much more serious than 'mere forbearance' in favour of his debtors in the sense of section 137; that .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1961P& H437
..... the english law which has been incorporated in india, a remedy is provided for restitution under section 65 of the indian contract act in such transactions styled as quasi-contracts.6. in this view of the matter, i would uphold the decision of the lower appellate court and dismiss this appeal with costs ..... restitution is to be made on the principles which have been embodied in section 63 of the indian contract act under which 'when an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it, to the person from whom he ..... recover it on the ground that the consideration for which he paid it has wholly failed is not based on any provision in the contract, but arises because in the circumstances the law gives a remedy in quasi-contract to the party who has not got what he bargained for'.as observed by lord wright, at page 61 in fib-rosa's case ..... , 1943 ac 32 every civilised system of law is bound to provide remedies for what has been called unjust enrichment or unjust benefit, and according to .....Tag this Judgment!