SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1914 Supreme(Mad) 312

NAPIER
Muthukaruppa Mudali – Appellant
Versus
Pi. Mu. Kathappudayan – Respondent


JUDGMENT

Napier, J.

1. Three points are argued in this second appeal. The first is that under the remand order of the High Court the District Judge should have returned findings on the other issues of fact in the case. We are clear that the order was only on the question whether the contract of guarantee was supported by consideration on which he has returned a finding. The second, that the District Judge should have passed a decree in the terms of the supposed compromise. We accept his decision that no compromise binding on all the parties was effected, The third is, that the District Judge has erred in law in holding that there was no consideration. It is argued that the advances made to other persons on the recommendation of the 1st defendant were good past consideration for the contract. Section 127 of the Indian Contract Act says that anything done, for the benefit of the principal debtor may be a sufficient consideration to the surety. Consideration is defined in Section 2. " When at the desire of the promisor, the promisee...has done...something, such act...is called a consideration." I extract only that part of the definition relied on by the appellants. In our opinion, the f









Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top