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Swiss Bank Corporation and Canara Bank Vs. Jai Hind Oil Mills Co. and ...

Court : Mumbai

Subject : BankingContract

Acts : Indian Partnership Act, 1932

Reported in : (1993)95BOMLR412

and on the same day a telex message was sent to defendant No. 2 (Swiss Bank Corporation, a banking corporation constituted under the provisions of the laws in force in Switzerland, and hereinafter referred to as 'Swiss … be established by the buyer in favour of the seller, on their bankers, for 105 per cent, of contract value. The notes further provide that payment was to be made by the buyer within 120 days from

Mohan Enterprises Rep. by Its Managing Partner Mr. Peetani Sambaiah Vs ...

Court : Andhra Pradesh

Subject : BankingContract

Acts : Indian Contract Act, 1872 - Sections 171, 173 and 174

Reported in : I(2008)BC476

the facts and circumstances of the present case, it cannot be said that Section 171 of the Indian Contract Act, 1872 would be attracted. Ultimately, the learned Counsel would conclude that this stand taken by the banking … of the affidavit filed in support of the writ petition and also the stand taken by the respondent, banking institution, in the counter affidavit and would maintain that the said stand cannot be said to be s

Maharashtra State Handloom Corporation Ltd. Vs. Association of Corpora ...

Court : Delhi

Subject : BankingContract

Acts : Arbitration and Conciliation Act, 1966 - Sections 9

Reported in : 2006(2)CTLJ99(Del); 111(2004)DLT424; 2004(77)DRJ347

5.3.1997 for supply of 124.52 lakh Dhoties and an equal number of Sarees. The total value of the contract was Rs. 199.854 crores. At the time of signing of the contract, the State of Bihar paid an … J.D. Kapoor, J.1. This is the second bout of litigation with regard to the invocation of the Bank Guarantee was not invoked as per its terms. While allowing the petition vide order dated 29.5.2003 this Court

Shree Rajasthan Syntex Limited Vs. Kirloskar Oil Engines Limited and a ...

Court : Mumbai

Subject : BankingContract

Acts : Contract Act, 1872 - Sections 126

Reported in : 2001(2)ALLMR335

to act on an ordinary copy of this order duly authenticated by the Personal Secretary of this Court. Banking - bank guarantee - appeal against Order of Trial Court granting injunction in respect of unconditional and irrevocable … of maintaining the probity of the process.3. The brief facts leading to the present case are that a contract was entered into on 21st July, 1998 by which the appellant agreed to purchase a Fuel Diesel Generating

P. Janakiram Chetty Vs. Punjab National Bank Ltd. and anr.

Court : Karnataka

Subject : BankingContract

Acts : Indian Contract Act, 1872 - Sections 126, 128, 129, 133, 134, 135, 139, 140, 141 and 176; Indian Companies Act

Reported in : AIR1968Kant56; AIR1968Mys56; (1967)2MysLJ168

sum of Rs. 38,203-01 due from them. It is the case of the plaintiff that it is a banking company, duly registered under the Indian Companies Act, having its head office at Delhi and two of its … first this contention of the learned counsel whether the appellant-second defendant is discharged. Chapter VIII of the Indian Contract Act, 1872, deals with indemnity and guarantee 126 defines a contract of guarantee thus:'A 'contract of guarantee' is

Dadi Bhogalingam Vs. Indo Commercial Bank Ltd. and anr.

Court : Andhra Pradesh

Subject : BankingContract

Acts : Indian Contract Act, 1872 - Sections 191 and 192

Reported in : AIR1961AP346

of the case in all their essential particulars. The 1st defendant, the Indo Commercial Bank Ltd. is a banking concern with one of its branch offices at Anakapalli. The plaintiff is a general merchant and commission agent … be found that the case is well within the pale of substituted agency or even if privity of contract in any wise be found established between the plaintiff and the 2nd defendant it is indisputable that this

State Bank of India Vs. Smt. Kusum Vallabhdas Thakkar

Court : Gujarat

Subject : BankingContract

Reported in : (1994)1GLR655

to the extent of the security or the mortgage. If that were not so, the present commercial and banking transactions would not be possible and would be hampered to a great extent. In the present day world … as under:(e) In South African Territories Ltd. v. Wallngton (f) Lord Macnaghten said that specific performance of a contract to lend money cannot be enforced is so well established, 'and obviously so wholesome a rule, that it

State Bank of Mysore Vs. Lakshmi Construction P. Ltd. and ors.

Court : Chennai

Subject : BankingContract

Acts : Indian Contract Act, 1872 - Sections 171

Reported in : [2001]103CompCas258(Mad)

stated hereunder : The plaintiff is one of the subsidiaries of the State Bank of India, a nationalised banking institution, has its registered office at Bangalore and its branch at Santhome, Mylapore, Madras. It is represented by … are the guarantors for and on behalf of the first defendant-company. 3. The first defendant, a firm of contractors, doing civil engineering works, during' 1983 represented that they were awarded a contract to construct a hotel complex

United Bank of India and anr. Vs. Shyam Sundar Banerjee

Court : Kolkata

Subject : BankingContract

Reported in : AIR2007Cal87

appellants have impugned the judgment and decree of the learned trial Judge declaring that there was a concluded contract between the plaintiff and the defendants for installation and operation of a 5 KVA generator at Subodh Mallick … the generator and further restraining the defendants from installing any other generator at the said branch of the Bank.2. The short facts of the case, as it appears from the pleadings, are as follows:In order to ensure

Mauria Udyog Ltd. Vs. Corporation Bank and ors.

Court : Delhi

Subject : BankingContract

Acts : Contract Act, 1872; Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1 and 2 - Order 40, Rule 1

Reported in : AIR2007Delhi259; 2008(1)CTLJ245(Del); 2007(96)DRJ315

Facts in brief relevant for deciding the present appeal may be noticed. The appellant had entered into a contract with M/s. Lusamtex Maquinas Texteis, LDA Portugal for purchasing equipment and ancillary items mentioned in sale contract No. … and the remaining balance of EURO 1,98,000 was secured by an irrevocable letter of credit issued by Corporation Bank, respondent Nos. 1 and 2 herein. This letter of credit was opened on 1st June, 2004 and it's