Contract Act, 1872 Section 10, 11, 14, 15, 16 & Section 12 of Specific relief Act - No partial specific performance of contract unless share of vendee, proportion of price paid was mentioned on agreement on question. 1995 CLC 1751 LAH Section 19 along with Art. 118 of Qanoon-e-Shahadat. - Where plea of fraud and misrepresentation in execution of a document pleaded by plaintiff, the moment he had made statement on Oath-onus would shift to defendant. 1995 CLC 1906 LAH Section 23 - When the agreement found to be unconscionable, unjust , inequitable, or for improper object ,against law or oppressive leading to vexatious litigation-same would be deemed to be against public policy. 1995 CLC 1906(LAH) Section 25(3) - Mere promise to pay time barred debt without any writing duly signed by both parties – Such promise would not be considered a good consideration and valid agreement. Naseem Ahmad Ansari Vs. Housing & Works Dept. PLD 2012 Peshawar 9 (D.B). Section 62 - Novation of contract. Mere enhancement of price and addition of minor son as vendee-not novation of contract. 1995 CLC 1780 Section 124 Specific Releif Act , Sec.21 - Indemnity clause on account of defect in title of other party (a case of transaction of exchange) - Right of getting the land to the land to the extent of deficiency from other land of the party or compensation to the extent of the cost of the deficiency caused of account of defect in title. - If plaintiff prays for alternative reliefs the suit is properly constituted. PLD 1994 SC 294 Section 124 & 126 - Contract of indemnity contemplates only a promisor and a promise –no privity of contract between surety and debtor in contract of indemnity while in contract of guarantee, surety, creditor and principal debtor are all parties to contract. PLD 1989 KAR 371 Section 126 - Even if amount in guarantee written afterwards –intention could be ascertained from documents-principal amount claimed having been accepted even if space was left blank, there would be no uncertainty to render guarantee invalid. PLD 1986 KAR 464 H.N.(d) - Nature of transaction of bank guarantee –defined and elaborated. - It says it is an independent contract and nit dependent of primate contract between the creditor and the debtor. - A stay granted in respect of primary contract will not cover this contract of the bank guarantee. PLD 1994 SC 311 Section 188,237 - Intention of the principal to curtail authority of agent – proper course to cancel such power –document curtailing power of general attorney being a separate document no interference that the same constitutioned notice to third party –third parties not affected. 1995 CLC 977 Section 426 - Bank guarantee is an independent and self governing document and only the words of the same could be considered without considering the contents of the main agreement/contract. Bank guarantee stands on its own independent footing when there is a claim for encashment. No stay order should be granted by courts. M/S Sayed Bhais (Pvt.) Vs. Govt. of Punjab. PLD 2012 Lah. 52 Ref: PLD 2003 SC 191 (Damen Shipyard Case) Agency Agreements Cancellation & Rescission of Documents Contract of Indemnity & Guarantee
Posted on: Sat, 13 Jul 2013 11:34:18 +0000
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