GREEV vs. KETTLE

GREEV vs. KETTLE Key Words: mutual mistake in guarantee, estoppel, rectification Facts: Defendant Company (S), in consideration of Plaintiff Company’s (C) giving credit to principle debtor (D), guaranteed the payment of debt, which was stated in deed to be secured by ‘validly issued shares in Company’. Though both S and C believed this fact to… Read More GREEV vs. KETTLE

Kailash Sharma vs. The Patna Municipal Corporation and Ors.

Kailash Sharma vs. The Patna Municipal Corporation and Ors. Citation: CWJC No. 9730 of 2006 Full Text here Facts: The Appellant-Company sold a certain number of fogging machines (used for killing mosquitoes) to the Respondent-Corporation for which the payment had to be made within one week of delivery. The Respondents did not pay within one week.… Read More Kailash Sharma vs. The Patna Municipal Corporation and Ors.

State Bank of Saurashtra Vs. Chitranjan Rangnath Raja and Anr.

State Bank of Saurashtra vs. Chitranjan Rangnath Raja and Anr. Citation(s): 1980 AIR 1528, 1980 SCR (3) 915 Full Text here Facts: The appellant-bank allowed a cash credit facility limited to Rs. 75,000/- to the Principal Debtor (PD) on his pledging 5,000 tins of groundnut oil under the lock and key of the Bank and on… Read More State Bank of Saurashtra Vs. Chitranjan Rangnath Raja and Anr.

Charan Singh vs Security Finance (P) Ltd.

Charan Singh vs Security Finance (P) Ltd. Citation(s): AIR 1988 Delhi 130 Full Text here Facts: The creditor after obtaining the money decree against the two principal debtors (PDs) and the Surety, holding them liable severally as well as jointly, decided to pursue his cause of action against the Surety, after he arrived at an agreement… Read More Charan Singh vs Security Finance (P) Ltd.

Ansal Engg. Proj. Ltd. v. Tehri Hydro Development Corp. Ltd. and Anr.

Ansal Engg. Proj. Ltd. v. Tehri Hydro Development Corp. Ltd. & Anr. 1997 88 CompCas 149 SC (if no fraud involved, court has no role) FACTS: The petitioner/appellant (A) had undertaken to do some construction for the defendant/respondent(R) and as per the terms of the contract had furnished a bank guarantee (BG) for faithful performance… Read More Ansal Engg. Proj. Ltd. v. Tehri Hydro Development Corp. Ltd. and Anr.

Hindustan Steel Workers Construction Ltd. v. G.S. Atwal & Co. (Engineers) Pvt. Ltd.

Hindustan Steel Workers Construction (HS)[1] Ltd. v. G.S. Atwal & Co. (Engineers) Pvt. Ltd. (GS)[2] 1995 SCC (6) 76 (Unconditional Bank Guarantee, Performance Guarantee) FACTS   HS and GS entered into contracts whereby GS was to construct 11 schools. The United Commercial Bank, Calcutta (Bank) gave two Bank Guarantees (BG1 &2) to HS on behalf… Read More Hindustan Steel Workers Construction Ltd. v. G.S. Atwal & Co. (Engineers) Pvt. Ltd.

Ramchandra B. Loyalka v. Shapurji N. Bhownagree

Ramchandra B. Loyalka v. Shapurji N. Bhownagree  (1940) 42 BOMLR 550 (Section 124, 126 and 145 of Indian Contract Act, Difference between Indemnity and Guarantee) FACTS: The plaintiff (P) was a sub-broker employed by the defendant broker (D) on 50% commission. P introduced 6 constituents and became answerable to the broker for them. The constituents… Read More Ramchandra B. Loyalka v. Shapurji N. Bhownagree