Authorized Officer, State Bank Of Travancore v. Mathew K.C., 2018 PLRonline 1106
Supreme Court of India Before: Justice Rohinton Fali Nariman, Justice Navin Sinha, JJ. Authorized Officer, State Bank Of Travancore v....
Bank Guarantee – Injunction can be granted in case of fraud, irretrievable harm or injustice
Bank Guarantee - ““The law relating to invocation of such bank guarantees is by now well settled. When in the...
Injunction – Bank guarantee – Second exception to the rule – there would be no possibility whatsoever of the recovery of the amount from the beneficiary
Injunction – Interlocutory injunction - Bank guarantee - Second exception to the rule of granting injunction, i.e, the resulting of...
Injunction – Bank Guarantee – Invocation – Court ought not to have issued an injunction which had the effect of restraining the Bank from fulfilling its contractual obligation in terms of the bank guarantee
Injunction – Interlocutory injunction - Bank Guarantee - The letter of invocation demanding the payment was in accordance with the...
Injunction – Bank guarantee – Fraud has to be established
M.R in Bolivinter Oil SA v. Chase Manhattan Bank 1984 1 All ER 351, CA are apposite: “… The wholly exceptional case where...
Fraud has to be an established fraud – Injunction
Fraud - Fraud has to be an established fraud - In the absence of established fraud and not a mere...
Judicial precedents – Judicial impropriety – Judicial adventurism
Judicial precedents - Judicial impropriety - Judicial adventurism - It is unfortunate, that notwithstanding the authoritative pronouncements of this Court,...
“Condition’ and ‘Warranty’
. Halsbury Fourth Edn., Volume 9, para 542 observes as follows: “542. Conditions and warranties.— The predominant modern approach is...
Svenska Handelsbanken v. M/S Indian Charge Chrome, 1993 PLRonline 0001
Supreme Court of India JUDGES J.S Verma, Yogeshwar Dayal, B.P Jeevan Reddy, Svenska Handelsbanken v. M/S Indian Charge Chrome And...
Bank guarantee – Fraud .
“… in case of confirmed bank guarantees/irrevocable letters of credit, it cannot be interfered with unless there is fraud and...
Bank Guarantee – Injunction – granted.
Bank Guarantee - An injunction was granted where the bank guarantee which was issued was to be kept alive till...
Larsen & Toubro Limited v. Maharashtra State Electricity Board, 1995 PLRonline 0004
Bank Guarantee - An injunction was granted where the bank guarantee which was issued was to be kept alive till...
Passing off – Interlocutory injunction – No law lays down that in a passing-off action based on the right in common law
Passing off - Interlocutory injunction - No law lays down that in a passing-off action based on the right in...
Passing off – Interlocutory injunction
Passing off - Interlocutory injunction - It has also to be borne in mind that a mark in the form...
Interlocutory injunction – Appeal – Scope of interference in an appeal against exercise of discretion by the trial court to grant an interlocutory injunction
Interlocutory injunction - Injunction – Appeal - Scope of interference in an appeal against exercise of discretion by the trial...