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Judgment Search Results Home > Cases Phrase: pawnee contract Court: drat madras Page 4 of about 53 results (0.020 seconds)

Sep 15 2003 (TRI)

Smt. S.K. Gowrikutty Amma and ors. Vs. Dhanalakshmi Bank Ltd.

Court : DRAT Madras

Reported in : II(2004)BC68

..... . counsel for the respondent bank submitted that as per the rate of interest agreed, the defendants are liable to pay interest and civil courts cannot alter the terms of the contract. he relies upon the decision of the himachal pradesh high court in ii (1999) banking cases 592 (divisional bench) (state bank of india v. mandav udyog and ors.) wherein it .....

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Apr 15 2002 (TRI)

S. Rathnavel Vs. Bank of Madura Ltd.

Court : DRAT Madras

Reported in : III(2003)BC24

..... transaction. so it is evident that the appellant was not very particular to complete the transaction within the period of six months and time is not the essence of the contract. it is obvious that the intention of the appellant was not to complete the transaction within that period and his intention was to extend the period for completing the transaction ..... .11.2001 and he would complete the transaction. the letter written by the appellant to the purchaser dated 14.9.2001 proves that time was not the essence of the contract, and the appellant was prepared to extend the time mentioned in the agreement beyond six months and he asked the purchaser to wait till 15.11.2001 so that he .....

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May 06 2002 (TRI)

A.V. Exhibitors and ors. Vs. Corporation Bank

Court : DRAT Madras

Reported in : I(2003)BC92

..... would be adjudged so. the principal sum adjudged would be the sum actually loaned plus the amount of interest on periodical rests which according to the contract between the parties or the established banking practice has stood capitalized. interest pendente lite and future interest (i.e. interest post-decree not exceeding 6 percent ..... be stated that the respondent bank has charged more interest. even under the pronote it is specifically stated as compounded with quarterly rests. so the contract provides for compunded with quarterly rests.only at the rate prescribed by the rbi the bank has claimed interest till the date of filing of the suit ..... maintained by banks in conformity with rbi directives." 9. so it cannot be stated that the respondent bank has violated the terms and conditions of the contract and has charged more interest. the rate of interest prescribed by the rbi is a fluctuating one and the rate of interest may not be uniform ..... given by the rbi during the relevant period of time and interest charged, is proper.6. counsel for the appellants submitted that only as per the contract under ex. p3 the bank has to charge interest and beyond that the bank has no right to charge and if the bank wants to charge ..... on the wordings contained in the pro-note and contends that the bank is not entitled to charge any more interest than the interest as per the contract as mentioned in the pronote. in ex. p3, the interest is mentioned at 5% per annum over and above the bank rate subject to a .....

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Feb 27 2003 (TRI)

Sri Raghavendra theatre Vs. Bank of India

Court : DRAT Madras

Reported in : III(2003)BC47

..... the bank would be free to proceed with the execution and other legal proceedings against the appellant and its partners. as there was clear breach of the terms of the contract under the compromise entered into between the bank and the appellant, the appellant is not entitled to enforce the compromise and direct the bank to receive the balance amount of ..... rs. 33.75 lakhs. as there is violation of the contract and consequent on the default committed by the appellant in paying the monthly instalment as per the compromise, the bank is entitled to recover the amount in terms of the .....

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Mar 04 2005 (TRI)

Syndicate Bank Vs. B.C. Kotrappa and ors.

Court : DRAT Madras

Reported in : II(2005)BC159

..... as a guarantee which was not amenable to limitation period and that it could not be characterized as a continuing guarantee within the meaning of section 129 of the indian contract act, 1872.8. i find myself in agreement with the observations made by the learned po and finding reached by him. therefore, it has to be stated that the applicant .....

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Oct 19 2005 (TRI)

Klen and Marshalls Manufacturers Vs. Bank of Tokyo-mitsubishi Ltd.

Court : DRAT Madras

Reported in : I(2006)BC214

..... disqualifications as stated in section 599, which states, "any failure by a foreign company with any of the foregoing provisions of this part shall not affect the validity of any contract, dealing or transaction entered into by the company or its liability to be sued on respect thereof; but the company shall not be entitled to bring any suit, claim any ..... set off, make any counter-claim or institute any legal proceeding in respect of any such contract, dealing or transaction, until it has complied with the provisions of the part. "this section contains two parts. first part is that any failure on the part of a foreign ..... company in not having complied with any of the provisions of this part i.e. part xi, shall not affect the validity of any contract dealing or transaction entered into by the company, and it is liable to be sued. second part of this section is that the company shall not be entitled to bring ..... any suit in respect of the contract, dealing or transaction till it complies with the provisions of this part. the companies act, 1956 (1 of 1956) came into force on 1.4.1956.7. mr. ilyas ali .....

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Jan 13 2006 (TRI)

Veneers Laminations (India) Ltd. Vs. State Bank of India

Court : DRAT Madras

Reported in : II(2006)BC140

..... contract, which can only be done by mutual consent of the parties vide section 62 of the contract act, 1872. the court cannot alter the terms of the contract".but however, having opposed the claim of the appellants, the respondent bank had agreed to receive the ..... v. millenium business solutions pvt. ltd. represented by its managing director, ii (2005) bc 79 (db) : 2004(5) ctc 689, it was observed: "a loan is granted in terms of contract and grant of one time settlement or re-scheduling of the loan amount is really a modification of the .....

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Mar 12 2003 (TRI)

The Vysya Bank Ltd. Vs. Guardian Papers Ltd. and ors.

Court : DRAT Madras

Reported in : III(2003)BC69

..... clearly implies that there is express participation on her part and she has given her the deeds with the only intent to create deposit of title deeds and there is contract of guarantor between the 3rd defendant and the bank. even under ex. a5 in printed form also which is the guarantee document, she has agreed to pay the total liability ..... implied assent to have such a contract should be proved by the person who want to rely upon it." 14. he also relies upon the decision of the karnataka high court in air 2002 karnataka 270, union ..... of the karnataka high court in air 1983 karnataka 73, h. mohamedkhan and ors. v. andhra bank ltd. and ors., wherein it has been held that "section 126, contract act which defines a 'contract of guarantee' makes it clear that it involves three parties viz., the creditor, the surety and the principal debtor who should all be privy.their express participation or ..... arguments advanced by the counsel for the 3rd defendant in this aspect does not hold good.13. counsel for the 3rd defendant drew my attention to section 126 of the contract act and submitted that express participation or implied assent among the three parties creditor, principal debtor and the guarantor is necessary which is absent in this case. on this, he .....

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Sep 12 2003 (TRI)

Andhra Bank Vs. Valluripalli Nagarjun and anr.

Court : DRAT Madras

Reported in : I(2004)BC223

..... amount is set aside and contractual rate of 16% is granted and functioning of co-operative societies will come to standstill if they are not able to collect interest at contract rate." relying upon these decisions, the counsel for appellant bank submitted that the appellant bank is entitled for the contractual rate of interest pendente lite.5. the counsel for the ..... decree and section 34 confers the discretion on the court to award or not to award interest or to award interest at such rate as it deems fit de hors contract between the parties and the discretion has to be exercised fairly, judiciously and for reasons and not arbitrarily or fancifully" the apex court in the constitutional bench of larger bench .....

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Jan 28 2004 (TRI)

State Bank of India Vs. D.V.S. Raju and ors.

Court : DRAT Madras

Reported in : III(2004)BC117

..... d3 has nothing to do with these transactions and d3 after his resignation cannot be held liable. since d3 resigned in the year 1981 and subsequent contract has been entered into by the new directors and all the dealings have been done by the new directors, d3 cannot be held liable on the ..... the surety to pay the decretal amount. on such payment he will be subrogated to the rights of the creditor under section 140 of the indian contract act, and he may then recover the amount from the principal and the very object of the guarantee is defeated if the creditor is asked to ..... amount maintained at the red hills (hyderabad) branch, as that branch was handling these transactions. these things clearly establish that there was variation in the contract and there was change in the management of the 1st defendant company even in the year 1982 and the 1st respondent ceased to be the director and ..... respondent and for that variation of contract also the 1st respondent cannot be held responsible. so, viewed at any angle it is crystal clear that the 1 st respondent cannot be held liable ..... and as he also resigned from the directorship in the year 1981, the 1st respondent cannot be held liable. further, there is also variation in that contract and the loan account was converted into cash credit account after ten years and the suit has been filed as against this erstwhile director, the 1st .....

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