Section 134 in The Indian Contract Act, 1872
134. Discharge of surety by release or discharge of principal debtor.—
The surety is discharged ... principal debtor, by which the principal debtor is released, or by any act or omission of the creditor, the legal consequence of which
otherwise provided by the contract. A
surety is no doubt discharged under Section 134
of the Contract Act, 1872 by any contract between
the creditor ... approved cannot be treated to be an independent
contract. Even otherwise, Section 134 of the Contract
Act, 1872 is not applicable to the facts
Aman Jaiswal vs State Of M.P. on 22 July, 2020
Equivalent citations: AIRONLINE 2020
Indian Contract Act ? If so, whether such a contract is not hit by section 23 of the Indian Contract Act ?
(2) If a suit ... Indian Contract Act, 1872 (hereinafter referred to as "the Act"), deals with indemnity and guarantee. Section 124 defines the expression "contract of indemnity
principal debtor was allowed to be dismissed then Section 134 of the Contract Act came into play because the plaintiff had discharged the principal debtor ... facts of the present case. Dr. Banerjee contends that Section 134 of the Contract Act consists of two parts (1) that if by any contract
Ms.X vs Y Ltd. & Another on 2 September, 2014
Author: V.Ramasubramanian
Bench
Indian Contract Act ? If so, whether such a contract is not hit by Section 23 of the Indian Contract Act?
(2) If a suit ... Indian Contract Act, 1872 (hereinafter referred to as the 'Act') deals with indemnity and guarantee. Section 124 defines the expression "contract of indemnity
Indian Contract Act. According to him, he was also entitled to the benefits of Section 141 of the Indian Contract Act.
6. The lower court ... contract nor the waiver by the second defendant of his rights under Sections 134 , 135 and 141 of the Contract Act has been pleaded
otherwise provided by the contract See Section 128 of the Contract Act. In other words, in the absence of a contract to the contrary ... discharge of the surety under Section 133 of the Contract Act Section 134 of the Contract Act is another provision under which the surety
observed at p. 552:
'' Section 134 , Contract Act, presupposes the existence of a contract of guarantee, to which the creditor and the surety ... became a party to the contract of guarantee embodied in the bonds. In this view, Section 134 , Contract Act, does not apply to the facts
