Bhuvika borrowed - 4,75,000/- from her relative Madan on 5 th April, 2020 on interest @1% per month for 5 year for running her Cosmetics store. She…
CA Foundation · Business Laws · MTP · May 2026
Bhuvika borrowed - 4,75,000/- from her relative Madan on 5 th April, 2020 on interest @1% per month for 5 year for running her Cosmetics store. She was paying continuously instalment and interest every month. But due to sudden introduction of nature care products her products became obsolete. As a result, she was unable to pay monthly instalment and interest from May, 2021 onwards. The debt got time barred by limitation Act. However, on account of continuous persuasions of her relatives, Bhuvika promised in writing to pay the outstanding amount shortly within a few months. Whether Madan can legally recover the debts from Bhuvika when the loan has already been time barred? Explain with reference to provisions of the Indian Contract Act, 1872.
Suggested Answer and Working Notes:
(i) Promise to pay Time Barred Debt: Where a promise in writing signed by the person making it or by his authorized agent, is made to pay a debt barred by limitation, it is valid without consideration [Section 25 (3) of the Indian Contract Act,1872]. Thus, in terms of the provisions of Section 25 (3) of the Act, Madan can legally recover the debts with interest from Bhuvika since she had promised in writing to pay the outstanding amount shortly within a few months even though the loan has already been time barred. (ii) Completed gift: According to Section 25 of the Indian Contract Act,1872 an agreement made without consideration is void. Further explanation1to Section25states that nothing in this section shall affect the validity, as between the donor and donee, of any gift actually made. In case of completed gifts, the rule of no consideration no gift does not apply. Thus, gifts do not require any consideration. In the instant case, the gift of i-Phone from Abeer to Chhaya has already been done, which amounts to ‘Completed Gift’ and is covered by explanation1to Section 25. Hence, gift given by Abeer to Chhaya is valid. (iii) According to Section 25 of the Indian Contract Act,1872, an agreement made without consideration is void, subject to certain exceptions. One important exception is: An agreement made out of natural love and affection between parties standing in a near relation to each other is valid, provided it is in writing and registered. Position when Amol and Chakori are Friends: Since the Amol and Chakori are merely friends (and not near relatives) and do not come within the purview of Section 25 (1) . The promise to give a gold ring is mere promise and not supported by consideration. Hence the promise made by Amol is not legally enforceable. Position when Amol and Chakori are Husband & Wife: In this position the parties are in near relation and Amol promised out of natural love and affection to gift her wife a gold ring. This can be legally enforceable provided the promise is in writing and registered under the law. In other words, this can be legally enforceable provided the promise is in writing and registered under the law as Amol and Chakori are in near relation and Amol promised out of natural love and affection to gift her wife which comes within the purview of Section 25 (1) of the Indian Contract Act,1872.
Topics: The Indian Contract Act, 1872
Related Questions in this Topic
- Some objects and consideration are unlawful. Define any six with reference to provisions of the Indian Contract Act, 187...
- In light of provisions of the Indian Contract Act, 1872 answer the following: (i) Mr. S and Mr. R made contract wherein...
- Mr. Sohan, a wealthy individual provided a loan of ₹ 80,000 to Mr. Mukesh on 26th February, 2025. The borrower, Mr. Muke...
- (i) Mr. L let out his residential house to Mr. M for ₹ 50,000 p.m. for a period of one year. According to the Rent agree...
- Preeti, a minor, falsely representing her age, enters into an agreement with an authorised Laptop dealer Mr. Mittal, own...