Banking
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...
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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...
Read moreInjunction – An injunction can not be used in nullifying the terms of a contract, agreement or undertaking
Injunction – Interlocutory injunction - An injunction of the court ought not to be an instrument which is used in...
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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...
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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...
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Bank guarantee – Fraud .
“… in case of confirmed bank guarantees/irrevocable letters of credit, it cannot be interfered with unless there is fraud and...
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Bank Guarantee – Injunction – granted.
Bank Guarantee - An injunction was granted where the bank guarantee which was issued was to be kept alive till...
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NIA S. 138 – Security cheque – Loan – Whether the loan had been discharged and cheque issued as security had not remained live to be established in trial
Negotiable Instruments Act, 1881 (26 of 1881), S. 138 - Security cheque - Aspects would primafacie indicate that there was...
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NIA S. 138 – Cannot be nonsuited for proceeding with the complaint merely due to the fact that the cheques presented and dishonoured are shown to have been issued as security
Negotiable Instruments Act, 1881 (26 of 1881), S. 138 - Security cheque - Appellant cannot be nonsuited for proceeding with...
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NIA S. 138 – Loan – Security cheque – Liability under.
PLR | Supreme Court Online Negotiable Instruments Act, 1881 (26 of 1881), S. 138 - Security cheque - There cannot...
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IBC S. 14, NIA S. 141 – Moratorium – Proceedings against Directors/persons in management or control of the corporate debtor
For the period of moratorium, since no Section 138/141 proceeding can continue or be initiated against the corporate debtor because...
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IBC S. 14 – Offence under the Prevention of Money-Laundering Act could not be covered under Section 14(1)(a), IBC
Offence under the Prevention of Money-Laundering Act could not be covered under Section 14(1)(a), IBC “139. From the above discussion,...
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IBC – Contrasts between Section 14 with Sections 96 and 101
Contrasts between Section 14 with Sections 96 and 101 from the point of view of a guarantor to a debt,...
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IBC S. 14 – Object of
Swiss Ribbons (P) Ltd. v. Union of India, (2019) 4 SCC 17 states the raison d’être for Section 14 in...
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‘Agricultural Land’ – something or other can be, and often is, grown on any vacant land, but that would not necessarily make it agricultural land for our purposes.
Sarfaesi, Sarfaesi S. 31 "We suppose that something or other can be, and often is, grown on any vacant land,...
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