Contract
Contract Act, S. 171 – Lien – Unless a person is a party to a loan transaction in whichever capacity, the question of the Bank’s exercising the general lien vis-à-vis the property of that person—even if he or she were the spouse of the contracting party does not arise
Put differently, it falls foul of the contractual obligations of the banker and customer - Question of the husband's implicitly...
Read moreAgreement to Sell – Presence marked with notary and not at the Tehsil office –
Agreement to Sell – Suit for possession by way of specific performance - Plea that the plaintiff was ...
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Deed of guarantee – Oral – Although, there is no performa is prescribed for deed of guarantee and even guarantee can be oral as per Section 126 of the Contract Act, but once it is reduced into writing either in the form of letter or contract then it must fulfil all the ingredients of contract of guarantee and should be signed by surety, principal debtor and creditor as well
Contract Act, S. 126 - Evidence Act, 1872, Section 92 - Deed of guarantee - Oral - Although, there is no performa is...
Read moreContract Act. S. 133, 135 – Guarantors cannot be made liable beyond the terms of engagement
Contract Act. S. 133, 135 Guarantee – Loan – Restructuring/Reschedulement by Bank – Bank did not insist for execution of...
Read moreContract Act, 1872 (9 of 1872) S. 52 – Family Settlement
Contract Act, 1872 (9 of 1872) Section 52 – Clause 9 of settlement provided that Party No. 2 & 3...
Read moreContract/agreement – Laws applicable at the time of contract/agreement shall be applicable
Contract/agreement - Laws applicable at the time of contract/agreement shall be applicable - Parties shall be governed by the laws...
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Contract – Court is expected to gather the intent of the parties which they had while entering into the contract from the reading of the complete contract.
Contract – Has to be read in its entirety to come to a just and logical conclusion - One part...
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Contract – Encumberance – Vendor has assured that the property is free from all encumbrances – Vendor can not take benefit of the same.
Contract – In the agreement itself that the vendor has assured that the property is free from all encumbrances -...
Read moreContract Act S. 5 – If the agreement become impossible, only then it will become void – No doubt, the plot in question at one stage was under attachment and charge, however, that itself does not result in frustration of the contract
- Contract Act, 1872 (9 of 1872) Section 5 - Counsel that in view of the provision of Section 56...
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Insurance – Contract – Interpretation of – Standard form contracts – Bargaining power, when ambiguity exists and an interpretation of the contract is preferred which favors the party with lesser bargaining power
Contract – Interpretation of - Standard form contracts - Bargaining power – There is no gainsaying that in a contract,...
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