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S.M.S. Demag Ag and anr. Vs. Neelachal Ispat Nigam Ltd. and ors.

Court : Orissa

Subject : ContractBanking

Acts : Contract Act, 1872 - Sections 126

Reported in : AIR2004Ori89

relevant for the purpose of disposal of these two writ petitions are that on 29th December, 1998, three contracts were executed by Mannesmann Demang AG Metallurgy (for short, 'MDM AG'), a company incorporated under the laws of … the petitioners have prayed for a direction restraining Neelachal Inspat Nigam Limited (for short, 'NINL') from encashing the bank guarantees furnished by the State Bank of India, Frankfurt Branch, and Deutsche Bank, New Delhi.2. The facts relevant

Punj Lloyd Insulations Ltd. Vs. State Bank of India and anr.

Court : Delhi

Subject : ContractBanking

Acts : Companies Act, 1956

Reported in : AIR2006Delhi256; 2006(1)CTLJ209(Del)

to the plaintiff. The plaintiff was required to furnish bank guarantee towards mobilisation advance and performance of the contract to the extent of 10% and 5% respectively of the agreed value of contract which was Rs. 2.50 … for permanent injunction in favor of the plaintiff and against defendant No. 2, restraining him from encashing the bank guarantee dated 8.11.99 which was valid up to 30th September, 2001. Separate injunction is prayed for against the

Andhra Bank Vs. Vattikuti Sreemannarayana and ors.

Court : Andhra Pradesh

Subject : ContractBanking

Acts : Contract Act, 1872 - Sections 23 and 65

Reported in : AIR2005AP108; 2004(5)ALD111; 2004(6)ALT11; I(2005)BC294; [2005]128CompCas665(AP); 2005(1)CTLJ519(AP)

title deeds by Defendants 2, 6 and 8 would not create any right in the plaintiff-bank as the contract itself was void.3. The first issue framed by the Trial Court was, 'Whether the suit pronote is void … Bilal Nazki, J.1. This is an appeal filed by Andhra Bank against the judgment and decree dated 16.4.1984 passed by the I-Additional Subordinate Judge, Vijayawada dismissing the suit being

Alekha Sahoo Vs. Puri Urban Co-operative Bank Ltd. and ors.

Court : Orissa

Subject : ContractBanking

Acts : Contract Act, 1872 - Sections 171

Reported in : AIR2004Ori142; I(2005)BC58; 97(2004)CLT769; 2004(I)OLR677

a lien on the gold ornaments pledged by him for availing the gold loans and there is no contract to the contrary prohibiting the Bank form exercising its right of banker's lien under the Mercantile Law as … of the Karnataka High Court in S. Vasupalaiah v. The Vysya Bank, Kudagenahalli Branch, Voi. 50 All India Banking Law Judgments 513, and the decision of the Madras High Court in City Union Bank Ltd. v. C.

Reliance Salt Ltd. Vs. Cosmos Enterprises and anr.

Court : Supreme Court of India

Subject : ContractBanking

Acts : Contract Act, 1872 - Sections 17 and 126; Code of Civil Procedure (CPC) - Sections 100A

Reported in : I(2007)BC480(SC); [2006]134CompCas645(SC); JT2006(10)SC529; 2006(12)SCALE286

pay and bear the costs of Appellant in the appeal. Counsel fee assed at Rs. 10,000/-. Contract - Banking - Bank guarantee - Sections 17 and 126 of Indian Contract Act, 1872 - Section 100A of Civil … suffered or would be caused to or suffered by the Principal Co. by reason or any breach of contract by the consignment agent as their due performance of their duties as consignment agent for the Principal Co.,

State Bank of India Vs. Praveen Tanneries and anr.

Court : Andhra Pradesh

Subject : ContractBanking

Acts : Indian Contract Act - Sections 128, 133, 139 and 140

Reported in : 1992(3)ALT353

stocks are pledged to the bank and the plaintiff advanced money upto 18% of the firm orders for contract. Irrevocable letters of credit would be given by the foreign buyers in favour of the 1st defendant and … Bhaskar Rao, J.1. The State Bank of India plaintiff is the appellant. The suit was filed for recovery of a sum of Rs. 3,90,760-19

The State Aided Bank of Travancore, Limited Vs. Dhrit Ram

Court : Mumbai

Subject : ContractBanking

Reported in : (1942)44BOMLR557

issued by the Bank.3. There was a difference of opinion in Bombay as to the documents constituting the contract, the trial Judge holding that the Bank's letter of September 5 was an offer accepted by the plaintiff … Court in favour of the plaintiff. The dispute involves a relatively simple question arising in the business of banking. The defendants, who will be called hereafter the Bank, are a company incorporated according to the laws of

Punjab National Bank Vs. Lakshmi Industrial and Trading Co. (P.) Ltd. ...

Court : Allahabad

Subject : ContractBanking

Acts : Indian Constract Act, 1872 - Sections 130, 148, 151 and 152; Companies Act, 1956 - Sections 3 and 291

Reported in : 2000(4)AWC3013; [2002]111CompCas109(All)

as observed above within six months from the date of production of certified copy of this order. (i) Banking - loan to company - Section 130 of Contract Act, 1872 and Section 3 of Companies Act, 1956 … hereby consent to the Bank making any variance that it may think fit in the terms of the contract with the borrowers, to the Bank accepting additional or collateral security of any kind determining, enlargingor varying any

Yog Systems India Ltd. Vs. Su-kam Power Systems Ltd.

Court : Delhi

Subject : ContractBanking

Acts : Sale of Goods Act, 1968 - Sections 19, 20, 23 and 39; Contract Act, 1872 - Sections 17

Reported in : 2007(2)CTLJ282(Del)

Sections 19, 20, 23 and 39 of the Sale of Goods Act, 1930, on the basis that the contract in question was a FOB contract. It was submitted that in a FOB contract, title in the goods … said case, reference was made to an earlier decision in the case of Sztein v. J. Henry Schroder Banking Corporation reported in (1941) 31 NY Supp. 631, wherein the seller had intentionally failed to ship the goods

Union Bank of India, Hyderabad Vs. M. Anantha Sarma and Another

Court : Andhra Pradesh

Subject : ContractBanking

Acts : Indian Contract Act, 1872 - Sections 141

Reported in : 1999(6)ALD60

suit against defendants 3 and 4 holding that they are not liable for the suit amount since the contract has been altered without their knowledge. The present appeal has been filed by the appellant-plaintiff contending that the … appeal would be referred to in accordance with their ranking in the suit.3. The plaintiff is a Nationalised Bank and the 2nd defendant approached the plaintiff-Bank for a loan of Rs.20,000/- on8-4-1976 for running business in general