Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Section 63 of the Indian Contract Act, 1872 – Provides for the dispensation or remission of the performance of a promise made by a party to a contract. Mere extension of time without payment of final bills or claims does not constitute consideration for waiver or remission under this section. The arbitral award disregarding Section 63 was challenged as unsustainable. ["Union of India VS Mohata Construction Company - Madras"]
Section 63 of the Copyright Act, 1957 – Addresses offences related to copyright, with the High Court holding that offences under Section 63 are non-cognizable and non-bailable. The quashing of FIRs under this section was upheld, emphasizing its non-cognizable nature. ["Knit Pro International VS State of NCT of Delhi - Supreme Court"]
Section 63 of the KVAT Act, 2003 – Pertains to pre-deposit requirements for appeals. Courts have interpreted that compliance with pre-deposit under Section 63(4) is necessary for registering and admitting appeals, with provisions for waiver and deferment under Section 63(5). ["HARE KRISHNA ENTERPRISES vs STATE OF KARNATAKA - Karnataka"]
Section 63 of the Indian Succession Act, 1925 – Mandates that a will must be attested by at least two witnesses. To prove due execution, at least one attesting witness must be examined, as per Section 68 of the Evidence Act. Proper attestation and proof of execution are essential for the will's validity in court. ["Saiby vs Mary, W/o. Eldhose - Kerala"], ["Saiby W/o Jacob vs Mary W/o Eldhose - Kerala"], ["Saiby, W/o.Jacob vs Mary W/o. Eldhose - Kerala"]
Section 63 of the Indian Act of 1961 – Relates to filling casual vacancies, specifying procedures based on the duration of vacancy. The interpretation involves understanding its application in filling vacancies via bye-elections. ["Manoj S/o Vitthalrao Wanjari VS Maharashtra State Election Commission - Bombay"]
Section 63 of the Hindu Religious and Charitable Endowments Act – Concerns jurisdiction over disputes regarding temple status (public or private) and trustee declarations. The section restricts certain disputes to the jurisdiction of the Joint Commissioner, barring litigations that fall under its scope. ["Gejagatti Sri Karuvannarayor Temple, President G. Ramasamy, Sathyamangalam VS Commissioner Hindu Religious & Charitable Endowments Department, Chennai - Madras"]
General Analysis – Section 63 appears across various statutes, primarily dealing with procedural requirements (e.g., attestation of wills, vacancy filling, appeal pre-deposits) and substantive provisions (e.g., offences, waivers). Its application varies, emphasizing the importance of compliance with specific procedural or legal stipulations for validity, appeal, or enforcement.
Conclusion:Section 63 of different Acts serves distinct purposes—ranging from legal considerations in contracts and wills to procedural rules in administrative and criminal law. Its interpretation is context-dependent, often requiring strict adherence to procedural requirements for validity or enforcement.
In the realm of contract law, flexibility can prevent disputes and foster amicable business relationships. While legal queries often span diverse areas—such as Section 26 of the NGT Act, which bars civil court jurisdiction over Tribunal matters—core provisions like Section 63 of the Indian Contract Act, 1872 offer promisees the power to dispense with or remit contract performance. This section introduces a unique element of leniency not always found in common law jurisdictions, allowing waivers without fresh consideration. This blog delves into its overview, provisions, case law, conditions, limitations, and practical insights, drawing from judicial interpretations. Note: This is general information; consult a legal professional for specific advice.
Section 63 states: Every promisee may dispense with or remit, wholly or in part, the performance of the promise made to him, or may extend the time for such performance, or may accept instead of it any satisfaction which he thinks fit. This provision underscores the promisee's autonomy in contractual obligations, promoting practicality over rigid enforcement. Unlike English law, where remission typically requires consideration, Indian law under Section 63 validates such waivers unilaterally, provided they are clear. This flexibility is vital in commercial dealings where circumstances change post-contract formation. B. N. Kataruka And Sons VS Chaulhai Nayak - Patna (1959)Prahlad Singh VS The President District Consumer Disputes Redressal Forum, Bikaner - Rajasthan (2005)
The section applies to all contracts governed by the Act, empowering the promisee to alter terms without mutual agreement or new value exchange. For instance, if a buyer agrees to pay Rs. 1 lakh for goods but later remits Rs. 20,000 due to minor defects, this waiver binds without additional consideration.
These elements highlight Section 63's role in avoiding technical breaches, but they must be exercised judiciously to prevent future claims. Courts interpret this broadly to uphold intent over form. B. N. Kataruka And Sons VS Chaulhai Nayak - Patna (1959)
Indian courts have consistently upheld Section 63's liberal approach, stressing clear intent. In various rulings, waivers are enforced when unequivocal, preventing promisors from later exploiting leniency. For example, the promisee's right to remit performance is a significant aspect of contract law, with enforceability hinging on unambiguous communication. Prahlad Singh VS The President District Consumer Disputes Redressal Forum, Bikaner - Rajasthan (2005)
While Section 63 in the Contract Act focuses on waivers, the same numbering appears in other statutes, illustrating contextual variances:
Indian Succession Act, 1925: Here, Section 63 mandates execution and attestation of unprivileged wills. Courts emphasize strict compliance: Wills must be executed and attested in compliance with statutory requirements, failure of which impacts their validity. In review petitions, failure to prove attestation under Section 68 of the Indian Evidence Act and Section 63 led to dismissals, as the burden of proof for establishing the validity of the Wills lies with the beneficiaries. Bennetiet John Bosco vs REGINA RITA - 2024 Supreme(Online)(MAD) 18174Bennetiet John Bosco vs REGINA RITA - 2024 Supreme(Online)(MAD) 18175Pasupati Paul VS Rash Behari Paul - 2008 Supreme(Cal) 351
Waqfs Act, 1995: Section 63 addresses mutawalliship succession. In a dispute over waqf management, the Supreme Court clarified: Ordinarily, upon the death of one of the joint mutawallis, the surviving mutawalli becomes the sole mutawalli. Descendants through female lines were included, directing the Waqf Board to appoint from specified lines. Md. Abrar VS Meghalaya Board of Wakf - 2019 Supreme(SC) 1075
These examples show how Section 63 adapts across laws—waivers in contracts versus rigid formalities in wills or waqfs—reinforcing the need for context-specific analysis.
For a waiver under Section 63 to hold:
Hypothetically, a landlord waiving rent arrears verbally during hardship could invoke Section 63, but subsequent written confirmation strengthens enforceability.
Despite its breadth:
In NDPS Act contexts, Section 63 deals with confiscation procedures, distinct from contracts: Any animal or conveyance used in carrying any narcotic drug... shall be liable to confiscation. This underscores non-overlap. Gurdev Singh VS State Of Punjab - 2002 Supreme(P&H) 958Excise Commissioner VS Ab. Qayoom - 2007 Supreme(J&K) 261
Similarly, in university exam disputes under Karnataka Acts, Section 63 imposed duties on institutions, unrelated to contractual waivers. G. S. SHANKAR LINGE GOWDA VS STATE OF KARNATAKA REPR - 2005 Supreme(Kar) 134
Section 63 aids dispute resolution:
However, promisors should not assume perpetual waivers; promisees can revoke if performance resumes. Always record via addendums.
Section 63 of the Indian Contract Act embodies contractual pragmatism, enabling promisees to waive or modify performance sans consideration, fostering trust. Yet, clarity and voluntariness are paramount to withstand scrutiny. While distinct from Section 63 in Succession, Waqfs, or NDPS Acts—which demand proof, succession rules, or confiscation protocols—its principles promote equity.
Key Takeaways:- Waivers need no consideration but must be clear and voluntary.- Partial waivers preserve other terms.- Document to avoid ambiguity.- Context matters across statutes.
This provision empowers informed parties, but professional advice ensures tailored application. Stay legally savvy!
References: B. N. Kataruka And Sons VS Chaulhai Nayak - Patna (1959)Prahlad Singh VS The President District Consumer Disputes Redressal Forum, Bikaner - Rajasthan (2005)Bennetiet John Bosco vs REGINA RITA - 2024 Supreme(Online)(MAD) 18174Bennetiet John Bosco vs REGINA RITA - 2024 Supreme(Online)(MAD) 18175Md. Abrar VS Meghalaya Board of Wakf - 2019 Supreme(SC) 1075Pasupati Paul VS Rash Behari Paul - 2008 Supreme(Cal) 351Excise Commissioner VS Ab. Qayoom - 2007 Supreme(J&K) 261G. S. SHANKAR LINGE GOWDA VS STATE OF KARNATAKA REPR - 2005 Supreme(Kar) 134Gurdev Singh VS State Of Punjab - 2002 Supreme(P&H) 958
#IndianContractAct #Section63 #ContractWaiver
Learned ASG submitted that Section 63 of the Indian Contract Act, 1872 (the Contract Act) provides for the dispensing with or remission of the performance of a promise made by a party to the contract. ... Therefore, mere extension of time without being coupled with payment of the final bill and other claims would not constitute consideration for the contractor with regard to the alleged waiver or remission under Section 63....
5.2 While answering the aforesaid question Section 63 of the Copyright Act and Part-II of the First Schedule of the Cr.P.C. are required to be referred to and the same are as under: “63. ... It is submitted that in that view of the matter the High Court has not committed any error in holding that the offence under Section 63 of the Copyright Act is a non-cognizable offence. ... In view of the above disc....
Section 63(5) of the KVAT Act. ... The Tribunal has finally concluded thus while rejecting the petitioner’s application: "In view of aforesaid reasons, in the light of clear provision of law u/s.. 63(4) of the KVAT Act, 2003 ... Sri Hema Kumar K., the learned Additional Government Advocate for the respondents on the other hand, submits that the stipulation under Section 63(4) of the KVA....
On a combined reading of S.63 of the SUCCESSION ACT with S.68 of the EVIDENCE ACT , it appears that a person propounding the Will has got to prove that the will was duly and validly executed. ... That cannot be done by simply proving that the signature on the Will was that of the testator but must also prove that attestations were also made properly as required by clause (c) of S.63 of t....
On a combined reading of S.63 of the SUCCESSION ACT with S.68 of the EVIDENCE ACT , it appears that a person propounding the Will has got to prove that the will was duly and validly executed. ... That cannot be done by simply proving that the signature on the Will was that of the testator but must also prove that attestations were also made properly as required by clause (c) of S.63 of t....
On a combined reading of S.63 of the SUCCESSION ACT with S.68 of the EVIDENCE ACT , it appears that a person propounding the Will has got to prove that the will was duly and validly executed. ... That cannot be done by simply proving that the signature on the Will was that of the testator but must also prove that attestations were also made properly as required by clause (c) of S.63 of t....
of Section 63 of the Act of 1961. ... Section 63 of the Act of 1961, the said provision reads thus : “63. ... Such casual vacancy is to be filled in, in accordance with the provisions of Section 63 of the Act of 1961. 6. The common issue involved in all these writ petitions is about the interpretation of Section 63 of the Act of 1961.....
The relevant provision of Section 63 (b) of the Hindu Religious and Charitable Endowments Act of appeal as reads thus: “63. ... This is a dispute that falls under Section 63(a) of the HR & CE Act. It is not an incidental question that is asked to be decided in the suit, but the only question. ... Whether the temple is a public temple or private one is a matter to be decided by the Joint Comm....
63 of the Indian Succession Act. ... and Section 63 of the Indian Succession Act for the sole reason there is no categorical finding by this Court that the subject Wills viz.
63 of the Indian Succession Act. ... and Section 63 of the Indian Succession Act. ... Section 68 of the Indian Evidence Act and Section 63 of the Indian Succession Act. ... Section 68 of the Indian Evidence Act and Section 63 of the Indian Succession Act. ... and Section 63 of the Indian Succession ....
Section 63 of the 1995 Act is useful to refer to at this juncture: “63. However, having regard to the fact that there may be several such descendants in the female line who are vying for mutawalliship, we do not wish to make a specific finding in regard to whether the appellant is entitled to the said office.
Mr. Chakravarty has emphasized that such attestation and execution of the will cannot be said to have been carried out strictly under Section 63 (c) of the indian Succession Act 1925. The Section 63 of the said Act runs as follows: "63. Execution of unprivileged Wills.-Every testator, not being a solider employed in an expedition or engaged in actual warfare, or a mariner at sea shall execute his Will according to the following rules: -(a) The testator shall sign or affix his....
I am not impressed by the arguments advanced by Mr. Bhat that the Excise Act imposes more stringent restrictions than that of N.D.P.S. Act, vis-a-vis., confiscation of the vehicle or goods. Act, deal with the procedure in making confiscation. Bare reading of section 59 of the Excise Act shows that whenever confiscation is authorized, the Deputy Commissioner or the Magistrate ordering it may give the owner of the thing liable to be confiscated an option to pay in lieu of the confiscation such f....
The underlined words in accordance with the regulations in force under those Acts, until such examinations is provided by the University, be admitted to the examinations of the Universities of. Section 63 (1) (a) of the act reads as under: " 63. For that purpose, remedy is provided under the Act itself. SAVING AS TO CERTAIN EXAMINATIONS (1) Notwithstanding anything contained in this Act, the Statutes, Ordinances or the Rules: ( a) any student who immediately prior to the comm....
Section 63 of the Act further provides as follows :- (3) Any animal or conveyance used in carrying any narcotic drug or psychotropic substance, or any article liable to confiscation under sub- section (1) or sub-section (2) shall be liable to confiscation, unless the owner of the animal or conveyance proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person-in-charge of the animal or conveyance and that each of them....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
