...promisors. It is like joint liability in that the co-promisors are not cumulatively liable, so that performance by one discharges all; but it is free from most of the technical rules governing joint liability.”10. In relation to discharge by...performance, of a joint and several liability, he observed as under:“Payment of the debt by any one of a number of joint or joint and several debtors operates as a discharge of...concept of joint and several liability implies that the decree-holder can choose to proceed against all or any of the persons so held liable and, the discharge of the liability by one, would enure to the...

...contract. This is referred to as discharge by performance. Alternatively, the contract may also be discharged by substitution of certain new obligations in place of the obligations contained in the...fully performed, it can be said to have been discharged by performance. Once the contract has been discharged by performance, neither any right to seek performance, nor any obligation to perform remains under it. 47. However, whether there has been a discharge of...the contract relate to the performance or discharge of the contract. Far from putting an end to the arbitration clause, they fall within the purview of it. A repudiation by one party alone does not...

...contract by performance. If the answer is in the affirmative, he will refuse to refer the dispute to arbitration. On the other hand, if the Chief Justice/his designate comes to the conclusion that the full and final settlement receipt or discharge voucher.... In SCC para 25 (p. 284), it was explained that when a contract has been fully performed, then there is a discharge of the contract by performance and the contract comes to an end and in regard to such...exception noticed is that where both the parties to a contract confirm in writing that the contract has been fully and finally discharged by performance of all obligations and there are no outstanding claims or disputes, courts will not refer any subsequent claim or dispute to arbitration. Yet another exception noted therein is with regard to those cases where one of the parties to the contract issues a full and final discharge voucher...

...designate exercising jurisdiction under Section 11 of the Act will consider whether there was really accord and satisfaction or discharge of contract by performance. If the answer is in the affirmative, he will refuse to refer the dispute to arbitration. On the other hand, if the Chief Justice/his designate comes to the conclusion that the full and final settlement receipt or discharge voucher...not being in a position to negotiate, the appellant by using its dominant position had forced the respondent to sign the discharge voucher and accept the payment as stated above. In support, reliance.... When we refer to a discharge of contract by an agreement signed by both the parties or by execution of a full and final discharge voucher/receipt by one of the parties, we refer to an agreement or...

...and the acceptance of the breach by the other side who gets the contract performed by another. This is not a case of discharge by performance in which one side is still to execute his part of the...the contract was not discharged by performance on both sides, it must be regarded as still subsisting and the person having an interest in such a contract must be treated as disqualified under the...performance was out of the question inasmuch as the contract was already performed by another printing press. All that remained was to enforce the penal clauses of the agreement against the contractor for...

...commodities. If sugar-cane is asked for, can sugar-cane setts be supplied by a merchant and discharge by performance thus pleaded? It cannot be. No light is thrown in the Act as to what sugar-cane is...mercantile contracts it cannot be said that sugar-cane sett is a substitute for sugar-cane in the matter of performance or discharge of contracts involving supply or delivery of the one or the other of the...The Judgment of the Court was delivered byRamaprasada Rao, J.:— In this batch of cases the only question is whether sugar-cane setts are equatable to sugar-cane and...

...fact; (iii) entry must be made either by a public servant in the discharge of his official duty, or by any person in performance of a duty specially enjoined by the law of the country; and (iv) all...discharge of his official duty, or any other person in performance of a duty specially enjoined by law. An entry relating to date of birth made in the school register is relevant and admissible under...specifically provided for, in terms of Section 35 of the Evidence Act, the register maintained in the ordinary course of business by a public servant in the discharge of his official duty, or by any other...

...contract has been fully and finally discharged by performance of all obligations and there are no outstanding claims or disputes, courts will not refer any subsequent claim or dispute to arbitration. Similarly, where one of the parties to the contract issues a full and final discharge voucher...satisfaction of all claims, and he has no outstanding claim, that amounts to discharge of the contract by acceptance of performance and the party issuing the discharge voucher/certificate cannot...performed and discharge of the contract by performance is acknowledged by a full and final discharge voucher/receipt, nothing survives in regard to such discharged contract...

...:i) Unilateral discharge i.e by giving unilateral notice by one party to another, of his intention to bring the relationship to an end.ii) Discharge by Agreement between the parties.iii) Discharge by performance i.e...Law of Contract XXVth Edition by A.G Guest. In addition to the above forms of discharge of contract the Anson's Law of Contract considers in Chapter XVI, discharge by operation of law also. For the modes of discharge of contract, we can also usefully refer to para VI of Chitty on Contracts Vol. 1, XXIVth Edition relating to the performance and...performance is barred by limitation.2. Subsequently, the Division Bench in the case of Adinath reported in 1991 Mah LJ 256, took a view:“The agreement could...

...parties, that is, by the fulfilment of all the obligations in terms of the original contract. This is referred to as discharge by performance. Alternatively, the contract may also be discharged by...taken to be a defence by the appellants prima facie cannot be said to be voluntary and has resulted in the discharge of the contract by accord and satisfaction as claimed by the appellants. In our...would operate as a bar to invoke arbitration it was held as follows: "40. A contract between parties can come to an end by the performance thereof by both the...

...Court, the finding that his performance was not satisfactory is not correct. Therefore, his discharge from service is clearly arbitrary. We find no force in the contention. The Division Bench held that...during the relevant period his performance was not satisfactory and that subsequent good or bad performance of the petitioner became meaningless. We find that the approach adopted by the High Court...Order1. Delay condoned.2. The petitioner was appointed on probation as a Civil Judge by proceedings dated 13-7-1979. On...

...of the aforesaid rule and for that purpose have tried to formulate the true basis of the doctrine of discharge of contract when its performance is made impossible by intervening causes over which the...provisions for the same contingency called by different name.”In such a case the doctrine of discharge by frustration cannot be available, nor that of an implied term that the existing state of affairs would continue at the date of performance. The...unlawful, such a promisor must make compensation to such promisee for any loss which such promisee sustains through the non-performance. As envisaged by Section 56, impossibility of performance would be...

.... 22. To put it in a different way when once there is a cessation of the relationship of employer and contractor owing to execution of works and discharge of contract by performance, and...unilaterally, that too after discharge by performance by both parties, one being no other than the executive authority of the Government itself. In my view this action on the part of the respondents in...other words all the cases referred supra are instances when discharge of the contract was owing to breach of contract. It is to be noted that the established modes of discharge of contract are both by...

...the payment of the bills in terms of the contract was also made. In other words, the present dispute arose after the cessation of the contract. e. , after the discharge of contract by performance. It...in a different way when once there is a cessation of the relationship of employer and contractor owing to execution of works and discharge of contract by performance, and payment of amounts without...discharge by performance by both parties, one being no other than the executive authority of the government itself. In my view this action on the part of the respondents in issuing the impugned...

...the shoulders of the obligee. Its effect is a complete removal of the obligation, and discharge by impossibility of performance is no less perfect than discharge by the performance of the original...learned arbitrators.27. Claim 3 related to compensation for delay in performance of the contract by Sumangal, whereas Claim 4 related to damages for non-completion of work...duty either exists or it does not, that is to say, every duty continues until it is discharged, and discharge is the only process known to the law by which a duty once legally undertaken can be put off...

...designate exercising jurisdiction under Section 11 of the Act will consider whether there was really accord and satisfaction or discharge of contract by performance. If the answer is in the affirmative, he will refuse to refer the dispute to arbitration. On the other hand, if the Chief Justice/his designate comes to the conclusion that the full and final settlement receipt or discharge voucher.../his designate exercising jurisdiction under Section 11 of the Act will consider whether there was really accord and satisfaction or discharge of contract by performance. If the answer is in the affirmative, he will refuse to refer the dispute to arbitration. On the other hand, if the Chief Justice/his designate comes to the conclusion that the full and final settlement receipt or discharge voucher...Senior Counsel finally contended that when both the parties to a contract confirm in writing that the contract has been fully and finally discharged by performance of all obligations and there are no...

...voucher/receipt by one of the parties and also a discharge by “accord and satisfaction”, proceeded to observe:“29. It is thus clear that the arbitration agreement contained in a contract cannot be invoked to seek reference of any dispute to arbitration, in the following circumstances, when the contract is discharged on account of performance, or...discharge of the contract by performance is acknowledged by a full and final discharge voucher/receipt, nothing survives in regard to such discharged contract;(b) Where the parties to the...contract, by mutual agreement, accept performance of altered, modified and substituted obligations and confirm in writing the discharge of contract by performance of the altered, modified or substituted...