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Judgment Search Results Home > Cases Phrase: pawnee contract Court: drat madras Page 5 of about 53 results (0.060 seconds)

Jun 30 2008 (TRI)

K. Ramachandra Vs. State Bank of India, Rehabilitation and Recovery Br ...

Court : DRAT Madras

..... and since the attaching creditor is entitled to attach only the right, title and interest of the judgment-debtor, the attachment cannot be free from the obligations incurred under the contract for sale. though section 64 cpc was intended to protect the attaching creditor, but if the subsequent conveyance is in pursuance of an agreement for sale which was before the ..... by the said 3rd defendant in favour of the appellant, he filed the civil suit in os-9443/2004 before the city civil court, bangalore, for specific performance of the contract against her. the fact that the same property was attached by the bank of baroda in an earlier proceedings before the recovery officer in dcp no.2583 in oa no ..... 291 vannarakkal kallalathil sreedharan vs. chandramaath balakrishnan, wherein the honble supreme court laid down the principles of law as under :- under a contract of sale entered into before attachment the conveyance after attachment in pursuance of the contract passes on good title in spite of the attachment. the agreement for sale indeed creates an obligation attached to the ownership of property .....

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Mar 11 2002 (TRI)

Union of India (Uoi) Vs. Canara Bank and ors.

Court : DRAT Madras

Reported in : I(2003)BC50

..... sustained loss because the 2nd respondent did not supply the goods under the bill purchase orders and the tribunal failed to consider the conditions of the contract and also the indian railway standard conditions for contract under which the 2nd respondent agreed to supply the goods.3. the original application (oa) was filed before the drt for recovery of rs. 12,00 .....

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Mar 25 2003 (TRI)

Krupanidhi Educational Vs. Bank of Baroda and ors.

Court : DRAT Madras

Reported in : III(2003)BC58

..... , drt, by order dated 31.1.2002 dismissed that petition holding that the tribunal will not have jurisdiction to grant relief to the 3rd party who has no privity of contract against the applicant bank. as against that order the appeal is preferred by the 3rd party krupanidhi educational institution.2. counsel for the appellant submitted that an agreement of sale .....

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Oct 31 2005 (TRI)

U. Krishnan Vs. Syndicate Bank and ors.

Court : DRAT Madras

Reported in : I(2006)BC222

..... this defendant is a continuing guarantee and the revocation, if any, of such guarantee would hold good only in respect of future transaction as stated in section 130 of the contract act, and therefore, this point is answered against the appellant.10. the other point which has got to be answered is whether the claim is ' barred by time. a perusal ..... guarantee executed by the appellant is a continuing guarantee and that the liability of the guarantor is co-extensive with that of the principal debtor under section 128 of the contract act, 1872, the liability of the appellant is not barred by time. on that ground also, the plea of the appellant is liable to be rejected.

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Mar 28 2003 (TRI)

industrial Development Bank of Vs. Empee Sugars and Chemicals Ltd.

Court : DRAT Madras

Reported in : I(2004)BC99

..... admits of no doubt or give any scope for controversy. while so, it is beyond ones comprehension as to how it could have been viewed as a matter of mere contract between parties and under that pretext absolve itself of the responsibility to enforce it, except by doing violence to the terms thereof in letter and spirit. as long as the .....

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Mar 13 2006 (TRI)

P.S. Chakarapani Vs. Indian Bank

Court : DRAT Madras

Reported in : III(2006)BC223

..... to consider but the law is otherwise. even if the bank fails or refuses to consider, the law will take its own course as provided under section 130 of the contract act, and therefore, the information furnished by the appellant that he had revoked his guarantee would start to run from the moment of the information and it does not require ..... by a party is subject to the revocation and it is not only a safeguard but it is a statutory guarantee given to a party under section 130 of the contract act, 1872, which reads, "a continuing guarantee may at any time be revoked by the surety, as to future transactions, by notice to the creditor". no doubt, the revocation of .....

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Jan 24 2003 (TRI)

Sidharth Spices Corporation and Vs. Union Bank of India

Court : DRAT Madras

Reported in : II(2003)BC82

..... by discount or purchase of the bills or otherwise, one thing is clear that alt that was required to be done under the terms of the agreement and under the contract had been done by the two banks. therefore, the national commission was not justified in having reached the conclusion that the indian bank's services were deficient." 10. relying upon ..... from the appellant now does not hold good by virtue of the decision of the apex court in air 2000 sc page 761. it appears from the documents that the contract with regard to the foreign export was made as early as 19.3.1979, 14.4.1980 and 14.4.1981 and the bills were sent to sudan for collection .....

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Aug 18 2003 (TRI)

Diamond and Gem Development Vs. Karnataka State Financial

Court : DRAT Madras

Reported in : II(2004)BC191

..... that the defendant only supplied the machineries to the beneficiaries and for those machineries only the ksfc paid the cheque on all the individual loan transactions and there is no contract with regard to the payment of the loan amount granted to the beneficiaries by the defendant. he further submitted that no documents pertaining to the grant of loan has been ..... , cheques have been issued by ksfc to the appellant towards the supply of the machineries by the appellant. so, it has been established that with regard to the loan, the contract is between the beneficiaries and the respondent ksfc.12. counsel for the respondent ksfc also conceded, that all the loan documents are between the beneficiaries and the ksfc. none of .....

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Jun 21 2005 (TRI)

B.V. Venkatesh Vs. Canara Bank and ors.

Court : DRAT Madras

Reported in : III(2005)BC190

..... cannot be done and the appellant is liable as a guarantor, as his guarantee is co-extensive with that of the principal debtor, as provided under section 128 of the contract act. ' 7. now, the only question that arises for consideration of the tribunal is whether the appellant is liable to the claim of the respondent bank as a guarantor.8 .....

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May 21 2003 (TRI)

State Bank of India Vs. Maharaja Saw Mill Pvt. Ltd. and

Court : DRAT Madras

Reported in : I(2004)BC106

..... nos. 8,9, 10 and 11. after the 1st respondent surrendered the goods to the exporter m/s. sunlight mercantile pte.ltd., the exporter entered into sales contract with m/s. limbani woods under contract no. 240/2002 dated 14.3.2002. the appellant bank also wrote letter dated 13.5.2002 to the exporter m/s. sunlight mercantile pte. ltd., chennai .....

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