Section 62 in The Indian Contract Act, 1872
62. Effect of novation, rescission, and alteration of contract.—
If the parties to a contract agree
companies).
“15. … The Assignment agreement was signed in India. Hence, NACC
US novated the Association Agreement in favour of the Defendant. The
Defendant stepped ... Agreement or between
the Plaintiff and the Defendant.”14
22. In law, novation means-
“… there being a contract in existence, some new contract is
substituted
Johnson Matthey Chemicals [I] P.Ltd., ... vs Addl Cit, on 12 December, 2017
आयकर अपीऱीय
Ksl & Industries Ltd vs National Textiles Corporation Ltd on 14 August, 2012
Author: Vipin
respondent Nos. 2 & 3 that the legal
principle regarding the novation of a contract which states that an
arbitration clause in an agreement cannot ... survive if the agreement
containing the arbitration clause has been superseded/novated by
ARB. PET. 4/2020 Page 17/56
a later agreement is applicable
which superseded the
aforesaid MoU and novated the same in view of clause 28.2 thereof.
Therefore, they denied that there was any arbitration clause between ... decide the issue of validity
of the Agreement, including the plea of novation of MoU.”
15
After referring to both
rights and obligations between the parties. In other words, there has been novation of the principal agreement. The supplemental agreement does not contain any arbitration ... parties to arbitration, in view of the fact that there is novation of the principal agreement by the supplemental agreement and that the supplemental agreement
relation to coal mining operations and the same shall constitute a novation for the residual term or residual performance of such contract: Provided that
Section 5 in The Apprentices Act, 1961
5. Novation of contract of apprenticeship.—
Where an employer with whom a contract of apprenticeship has been entered
Section 62 of the Indian Contract Act, 1872 deals
with effect of novation, rescission and alteration of contract,
which reads as follows:-
"62. Effect ... novation, rescission, and alteration
of contract.--If the parties to a contract agree to
substitute a new contract for it, or to rescind or alter