Apr 12, 2021 / by OsmondMarketing / No Comments

… Sanjib Banerjee, J.:- The court: two reasons were requested in this motion to quash a sentence. The first reason that has been taken is that there is a novation… The contract, which is governed by the compromise clause, was taken over by a third party with the agreement of the parties to the original matrix contract. In any case, it was for the petitioner t… a party other than the petitioner was obliged to pay the amount to the respondent and such an innovation extinguished the compromise clause of the original agreement … 1970 for the recovery of the possession of costume premises and decree taxes. The applicant objected under the Code of Civil Procedure, p. 47, in which she argued that the case…

By the scholar Munsif and the execution case was rejected. The reason for the admission of the objection to p. 47, code of civil procedure, as indicated by the scholar Munsif, was that there was a novation … As Misc. Case 37 of 1975. The objection was that a treaty of 6.6.71 had the effect of renewing the original treaty in the compromise… Innovation is a new contractual relationship. It is based on a new contract from all parties involved. [7] The legal maxim that “novatio non praesumitur” indicates whether an innovation should be written. The maxim means that “innovation is not suspected.” [8] In Appukuta Panicker v. Anantha Chettiar [9], the Kerala Supreme Court held that the principle of innovation must be applied, that all parties involved must be united.

In T.M. Co. v. H.I. Trust,[10] the High Court of Calcutta found that liability could only be transferred by a tripartite agreement equivalent to renewal. Each agreement between three parties is a tripartite agreement. An innovation agreement is an “instrument” within the meaning of the Indian Stamp Act of 1899, which may be subject to stamp duty. … On November 5, 1957, there was a renewal of the contract between the applicants and deplored the No. 1 to 3, the two sons and widow of Iqbal Ahmad, an extension … Purchase of the shop by the complainants for an additional 2 years.

On November 4, 1959, there was a new questioning of the contract by the defendant No. 1 to 3… Deoki Nandan, J.:] This is the plaintiff`s second appeal in an appeal for the concrete execution of an agreement to sell the house. The store was originally owned by the complainants. They sold… 1. The short question in this second remedy is whether, by abandoning part of the collateral of the property, there is a renewal of the mortgage contract. …, the court dismissed the complaint and left the Parries at their own expense.