Invocation - Year 2013 - Judgments

Aug 20 2013 (HC)

Ansaldo Energia, S.P.A. Vs. M.P.State Electricity Board

Court: Madhya Pradesh

Decided on: Aug-20-2013

..... guarantee amount along with interest and expenses incurred by the appellants due to the erroneous invocation of the bank guarantee by the respondents herein the arbitral tribunal had recorded its ..... with interest thereon the incidental charges and expenses incurred by the appellants because of invocation of bank guarantees by the respondents the appellants were entitled to recover the same from .....

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Nov 21 2013 (HC)

M/S Indu Projects Ltd Vs. Union of India

Court: Delhi

Decided on: Nov-21-2013

..... guarantees and the amounts and the underlying contracts are different however the bank guarantees the invocation letters and the underlying contracts are in identical terms it is for this reason that ..... bank guarantee in respect of retention money the supreme court took the view that the invocation of the bank guarantee would result in irretrievable injustice and therefore an injunction as prayed .....

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Nov 18 2013 (HC)

indu Projects Ltd. Vs. Union of India

Court: Delhi

Decided on: Nov-18-2013

..... which propelled it to invoke the performance bank guarantee the invocation of the bank guarantee was thus pivoted on this jurisdictional ..... date of injury or immediately thereafter but prior to the invocation of the bank guarantee second which is a situation ..... constitution the court while rejecting the petition noted that the invocation and consequent encashment of the bank guarantee was fraudulent in .....

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Jun 17 2013 (FN)

Salinas Vs. Texas

Court: US Supreme Court

Decided on: Jun-17-2013

..... neither a wit ness silence nor official suspicions are enough to excuse the express invocation requirement the invocation requirement does not apply where a witness is silent in the face of official ..... nbsp finally we are not persuaded by petitioner s arguments that applying the usual express invocation requirement where a witness is silent during a noncustodial police interview will prove unworkable .....

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Sep 02 2013 (HC)

State Vs. Ramalingam

Court: Kerala

Decided on: Sep-02-2013

..... the chairman note no 41 does not relate to the invocation or non invocation of bank guarantee the file shows that the approval of ..... from m s navabharat enterprises dated 6 4 2007 indicating that invocation of bank guarantee by aai is totally illegal since the same ..... on 9 4 2007 requested him to withhold the action of invocation of the bank guarantee at the stage pending decision of arbitrator .....

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Oct 03 2013 (HC)

Rampur Wires Pvt. Ltd. Vs. Oriental Bank of Commerce and anr.

Court: Kolkata

Decided on: Oct-03-2013

..... confirmed by order dated 15th july 2013 loss and damage has now occurred therefore the invocation is in terms of the unconditional bank guarantees issued therefore this application warrants no order ..... stated that it would suffer loss and damage on a future day the invocation would have been valid invocation therefore directions are given for filing affidavits affidavit in opposition be filed within .....

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Mar 01 2013 (SC)

Laxman Lal(Dead)through Lrs. and anr. Vs. State of Rajasthan and ors

Court: Supreme Court of India

Decided on: Mar-01-2013

..... validation act 1981 for short 198 amendment act ii whether invocation of power of urgency and dispensation of inquiry under section ..... be invoked are specified in section 17 2 but circumstances necessitating invocation of urgency under section 17 1 are not stated in ..... the pre notification and post notification delay would render the invocation of urgency power void this court said that such delay .....

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May 09 2013 (HC)

Karam Chand Thapar and Bros.(Coal Sales) Ltd. Vs. Hindustan Constructi ...

Court: Mumbai

Decided on: May-09-2013

..... respondent the petitioner can always establish in the arbitration proceedings between the parties that the invocation was wrongly and in such a case the petitioner will be entitled to get an ..... the matters the bank guarantee furnished by the plaintiffs were conditional bank guarantees and the invocation of such bank guarantees were not in accordance with terms of the bank guarantees however .....

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Jan 17 2013 (HC)

M/S. Ancl and Co. (India) Pvt. Ltd. Vs. Corporation Bank and Others

Court: Mumbai

Decided on: Jan-17-2013

..... cleared by the stipulated date the respondent would be proceeding with invocation of the bank guarantees available with the respondents 19 by ..... the same towards bank guarantee it is clear that the invocation was not for the purpose for which such bank guarantees ..... any objection to the encashment itself on the ground that the invocation was illegal fraudulent and such action was not inconsonance with .....

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Nov 01 2013 (HC)

indu Projects Ltd. Vs. Union of India

Court: Delhi

Decided on: Nov-01-2013

..... as reflected in the conditions incorporated therein to facilitate its due invocation and consequent encashment 9 in the light of the above one ..... would have to examine as to whether the invocation by the respondent falls within the terms of the instant bank ..... guarantee the relevant assertions in the letter of invocation dated 01 11 2013 is contained in paragraph 4 which is .....

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