Bail – Conditions – Condition of pre-deposit – Held to be bad. (2023-2)210 PLR 309 (SC)
Makhijani Pushpak Harish v. The State of Gujarat, (2023-2)210 PLR 309 (SC) SUPREME COURT OF INDIA Prsent : Justice Krishna ...
Tag: Bank Guarantee
Contract Act. S. 133, 135 – Guarantors cannot be made liable beyond the terms of engagement
Contract Act. S. 133, 135 Guarantee – Loan – Restructuring/Reschedulement by Bank – Bank did not insist for execution of ...
IBC S. 14(1) – Bank guarantee can be invoked during the moratorium declared under Section 14(1)
IBC, 2016 S. 14(1) - Whether the bank guarantee in question can be invoked during the moratorium declared under Section ...
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 ...
Judicial impropriety – Observation of High Court that reference to judicial decisions will not be of much importance was clearly a method adopted by it in avoiding to follow and apply the law as laid down by this Court
Judicial precedents - It is unfortunate that the High Court did not consider it necessary to refer to various judicial ...
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 – 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 ...
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 ...
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 ...
