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Indian Contract Act, 1872

Section 83

Presumption of consideration for promise to pay debt barred by limitation

Quick Answer Reference: Section 83 Contract Act

  • Provision: Section 83 of Contract Act
  • Act: Indian Contract Act, 1872
  • Classification: contract
  • Jurisdiction: India
Statutory Content

What does Section 83 of Contract Act say?

Section 83 of the Indian Contract Act, 1872, addresses the presumption of consideration in cases where a promise is made to pay a debt that is barred by the law of limitation. The section states: 'Where a promisor, without being compellable to do so, promises to pay a debt which is barred by the law of limitation, the promise shall be presumed to be made for consideration.' This means that if someone promises to pay a debt that they are not legally required to pay because it is time-barred, the law will assume that there is a valid consideration for this promise, even if the consideration is not explicitly stated. This presumption can be rebutted by evidence showing that there was no consideration. The purpose of this section is to facilitate the payment of time-barred debts by providing a legal basis for such payments, thereby promoting honesty and integrity in financial dealings.

Indian StandardSection 83, Indian Contract Act, 1872
Bluebook (21st ed.)Indian Contract Act, 1872, § 83 (India)
Court Pleading StandardSection 83 of the Indian Contract Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-contract-act-1872/83

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 83 Contract Act

What is Section 83 of Contract Act?

Section 83 of the Indian Contract Act, 1872 (Contract Act) defines and regulates "Presumption of consideration for promise to pay debt barred by limitation". The section states: Section 83 of the Indian Contract Act, 1872, addresses the presumption of consideration in cases where a promise is made to pay a debt that is barred by the law of limitation. The ...

Landmark Case Laws

Landmark Judgments under Section 83 Contract Act

1978 1 SCC 248

Supreme Court of India

2017 10 SCC 1

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Commonly Cited Alongside

Sections commonly cited alongside Section 83

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