...and the complaint would fall within the period of limitation . Further according to his submission, transaction is covered within the meaning of section 25(3) of Indian Contract ... Date : 25/01/2019 ORAL ORDER This is an application preferred by the applicant-original complainant under Section 378(4) of the Code ... IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 1342 of 2019...

...of acknowledgment of time barred debt and referring to Section 25(3) of the Indian Contract Act, even without passing of any consideration, su...is applicable to the instant case. The proper applicable section of law to the present case is Section 25(3) of the Indian Contract Act. As per that for the ack...has been taken by the First Appellate Court on the anvil of Section 25(3) of the Indian Contract Act.19. Section 25 of the ...

...Section 25(3) of Indian Contract Act is correct under law, as the said provision is only applicable to the debt arisen from the business transaction that too there is a...the meaning of Section 25(3) of the Indian Contract Act, the suit is clearly maintainable.14. It is not in dispute that the amount was paid by th...Section 25(3) of the Indian Contract Act.17. The learned counsel for the appellant, by placing reliance on the judgment of this Court in Shanmuga...

...is involved in this cased travels into a narrow compass as to whether a promise made by the debtor to pay the time barred debt would fall within the purview of Section 25(3) of the Indian ...." 8. In order to bring his case within the four corners of the Section 25(3) of the Indian Contract Act, he has read out Annexure A-5, i.e....19.05.2017 and thus, would fall within the purview of Section 25(3) of the Indian Contract Act, which provides a promise and that too in writing. Undoubtedly, if the ...

...? (2) Whether part payment made under Ex.A-9 receipt can be termed as agreement under Section 25(3) of Indian Contract Act? (...decide that aspect of the matter. 32. Whether the receipt Ex A-9 saves the limitation? To deal with said contention, it is apt to extract Section 25 (3) of Indian ...), Contract Act. The implied promise to pay which is contained in all acknowledgments does not attract the provisions of S. 25(3) of the Act, because the promise to pay is not in writing...

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...cheque received the cheque of the nature referred to in Section 138 for discharge, in whole or in part, of any debt or other liability. It is also pertinent to note that under sub-section (3) of Section 25.... The appellant herein filed a complaint before the Magistrate alleging that the respondent herein had committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short...“the Act”). The appellant alleged that he and his two friends had advanced a sum of Rs 7.5 lakhs to the respondent about four years back to enable him to start a petrol pump and that the respondent...

...Limitation Act,1963, as both parties are bound by mutual accounting. (2) The claim is not barred by limitation and that it would be covered under Section 25(3) of the Indian ...finding and without there being any evidence to prove that there was a promise to pay a time barred debt by the petitioner in accordance with Section 25 (3) of the Indian ...beyond the scope of reference. The claims are ex facie time barred and would not be covered under Section 25 (3) of the Indian Contract Act. It is thus urged that in view of Sect...

...plaintiff or the settlement agreement dated 1 April, 2018. II. As regards the plea of limitation, reliance is placed on Section 25(3) of the Indian Contract .... 16. As regards the plea of limitation, counsel for the plaintiff has placed reliance on Sub-Section (3) of Section 25 of the Indian Contract ...when the acknowledgment was so signed.” 19. The interplay between Section 25(3) of the Indian Contract Act, 1872 and Section 18(1) of the Limitation ...

.... e) the death of father of the accused has no consequence in view of section 25(3) of Indian Contract Act, the issuance of che...wherein his evidence indicates that, it is the legally enforceable debt. Even otherwise as per Section 25(3) of Indian Contract Act 1872 the accused is liable. There is also pious obligation on ac...complainant tried to make out a case under section 25 (3) of the Indian Contract Act 1872 stating that as the accused issued the cheque it amounts to admission on the part of the accused ...

...limitation as per the section 25(3) of Indian Contract Act. No doubt, the issue of limitation is a triable issue. But, in the present the complainant himself admit...22.07.2022 passed on an application filed under Section 143A(2) of the Negotiable Instruments Act ('NI Act' for short) by the petitioner-complainant in the case at hand. 2. Heard Sri... - 3 - of the petitioner. The cheque was dishonoured on account of it being a non-CTS cheque. The complaint is registered by the petit...

...to pay but were in the nature of a promise to pay a debt notwithstanding the recovery of the same being barred by limitation. A reference was made to the provisions of Section 25(3) of the ...letters (Ex.PW2/2 and Ex.PW2/3) did not consider it to be a promise to pay or restitute the Bank under Section 25(3) of the Indian Contract Act, 1872 but merely an acknowledgment ... 25(3) of the Indian Contract Act need not be express and can be implied or inferred as well. Any acknowledgment of liability is n...

...consideration. It is to cases of this kind that Section 25(3) of the Indian Contract Act would apply. Section 25(3) ...provision as Section 25(3) of the Indian Contract Act is not far off to see. It is, no doubt, true that the Limitation Act provides a certain period during whic...clearly lays down that all the cases referred to in Sub-clauses (1) to (3) of section 25 is a contract, a creditor who has the benefit of such a contract as is contemplated in Sub-clauses (11 to (...

...under Section 7 IBC." g) Section 25(3) of the Indian Contract Act, 1872 envisages that any promise made in writing by a person to pay wholly or in part a debt of wh...20.12.2018 entered into between the parties for the payment of the outstanding financial debt. And as established hereinabove, under Section 25(3) of the Indian Contract Act, 1872, a prom...for repayment came into existence in 2018 and, if so, whether the said agreement would attract Section 25(3) of the Indian Contract Act, 1872 or not. As per Section 25(3) ...

...Samant, the learned Counsel on behalf of the respondent/complainant has submitted that the undertaking or promise given by the accused is legally enforceable under section 25(3) of the ...consider any case of any agreement or undertaking given under section 25(3) of the Indian Contract Act, 1872, and therefore, would be inapplicable to the facts ...limitation. Likewise, when a debt has become barred by limitation, there is also section 25(3) of the Contract Act, by which, a written promise to pay, furnishes a fresh cause ...

...learned counsel for the plaintiff was that Section 25(3) of The Indian Contract Act expressly saves the agreement which is a promise, made in writing and signed by the ...pay the amount of the cheque. Since, even a time-barred debt is saved by Section 25(3) of The Indian Contract Act, 1872, the issuance of a cheque towar...-barred debt constitutes a contract within the meaning of Section 25(3) of The Indian Contract Act, 1872.9. In taking this view, I find ...

...the period of limitation”. 5. It was also noted by the Tribunal that Section 29 of Limitation Act contains a saving clause in respect of Section 25 of Indian...note that under sub-section (3) of Section 25 of the Indian Contract Act, 1872, a promise, made in writing and signed by the person to be charged therewith, or by his agent generally or s...‘promise to pay’ within the meaning of Section 25(3) of Indian Contract Act. Section 25 of Indian Contract Act reads as under: ...

...as a promise to pay a time barred debt which saves limitation attracting Section 25 (3) of the Indian Contract Act; b) Whether the alleged promise to pay the time...alleged promise to pay through the petitioner's letter dated 05.03.2015 has satisfied the requirements of Section 25 (3) of the Indian Contract Act enabling the respondent to make a claim...between an acknowledgment of debt given within the period of limitation coming within the purview of Section 18 of the Limitation Act, 1963 and a promise to pay a time barred debt as per Section ...

...contract would have been a valid one under section 25, clause (3), of the Indian Contract Act, Moreover, the Hindu Law does not recognize any rule as to the ext...claims by the efflux of time, so that looked at from any point of view the bonds in dispute amounted to a valid contract made by the father. The father being dead, the sons were liable to pay the money...Gokul Prasad and Stuart, JJ.:— This is an appeal by the defendant in a suit brought by the plaintiffs for recovery of the amount due to them on three bonds executed by the father of the...

...Sessions Judge ought to have found that the promise made by the accused to repay the time barred debt would come within the purview of S. 25(3) of the Indian Contract ...the accused to repay the time barred debt would come within the purview of S. 25(3) of the Indian Contract Act. No doubt, the promise to pay a time barred chequ...of the offence punishable under S. 138 of the Negotiable Instruments Act. After the trial, the Magistrate found the respondent (accused) guilty of the offence punishable...