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september 1966

Supreme Court of India · 1966-09-05

STATE OF MADHYA PRADESH vs KALURAM

Citation / case number
SC 1964/90554
Court
Supreme Court of India
Petitioner
STATE OF MADHYA PRADESH
Respondent
KALURAM
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under Section 141 of the Indian Contract Act, a surety is discharged if the creditor loses or parts with the security without the surety's consent. In this case, the Forest Officer allowed the contractor to remove forest produce without receiving full payment, thereby impairing the State's charge and rights under the contract. The Court ruled that the surety was discharged from liability due to the loss of security, affirming the decisions of the lower courts.

STATE OF MADHYA PRADESH vs KALURAM · Niyam