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Judgment Search Results Home > Cases Phrase: pawnee contract Court: drat madras Year: 2003 Page 1 of about 12 results (0.016 seconds)

Jul 23 2003 (TRI)

Andhra Bank Vs. K. Anji Reddy and ors.

Court : DRAT Madras

Decided on : Jul-23-2003

Reported in : I(2004)BC154

..... from the date of the execution of the guarantee and one calendar month after the pronouncement of the judgment and after the period mentioned in the contract the guarantee is extinguished and it cannot be enforced at all. "the national and grindlays bank limited, delhi, declares that this guarantee shall remain ..... commenced within the period stipulated by the agreement. such a clause in the agreement would not fall within the mischief of section 28 of the contract act. to put it differently, curtailment of the period of limitation is not permissible in view of section 28 but extinction of the right itself ..... to curtail the period of limitation and prescribes a shorter period than that prescribed by law would be void as offending section 28 of the contract act. that is because such an agreement would seek to restrict the party from enforcing his right in court after the period prescribed under the ..... restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights is void to that ..... given is called the 'creditor'. a guarantee may be either oral or written." 6. counsel for the appellant bank relies upon section 28 of the contract act and submits that agreements in restraint of legal proceedings is void. section 28(a) reads that-- "every agreement by which any party thereto is .....

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Oct 17 2003 (TRI)

The South Indian Bank Ltd. Vs. A. Abdul Hameed and ors.

Court : DRAT Madras

Decided on : Oct-17-2003

Reported in : II(2004)BC228

..... section 18 of said act ousts jurisdiction of other courts." 10. the apex court has further observed that "the settled legal position is that letter of credit constitutes a sole contract with the banker and its authorising the bank issuing letter of credit has no concern with any question that may arise between the seller and the purchaser of the goods ..... a mortgage and subsisting on, and legally recoverable on the date of the application.8. the insurance policy is taken by the borrower for sending the goods through carrier. the contract of insurance policy is between the borrower and the insurance company. the bank does not come in the picture at all. even though the bills of lading have been sent ..... to the plaintiff bank, nine bills were sent by the plaintiff bank to its bombay branch and three bills to the bank of india for collection and the plaintiff bank contracted d9's office at bombay for delivery of the consignments under the 9 bills duly presenting the consignee copy of the lorry receipts and also demanded d7's office for ..... to the bank and all the bills have to be cleared through the bank, it is a contract between the borrower and the bank so far as this transaction is concerned and the contract and the insurance policy is between the borrower and the insurance company and that insurance policy claim will not come under category of .....

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Mar 12 2003 (TRI)

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

Court : DRAT Madras

Decided on : Mar-12-2003

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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Mar 28 2003 (TRI)

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

Court : DRAT Madras

Decided on : Mar-28-2003

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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Aug 18 2003 (TRI)

Diamond and Gem Development Vs. Karnataka State Financial

Court : DRAT Madras

Decided on : Aug-18-2003

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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Sep 12 2003 (TRI)

Andhra Bank Vs. Valluripalli Nagarjun and anr.

Court : DRAT Madras

Decided on : Sep-12-2003

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 24 2003 (TRI)

Sidharth Spices Corporation and Vs. Union Bank of India

Court : DRAT Madras

Decided on : Jan-24-2003

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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Sep 15 2003 (TRI)

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

Court : DRAT Madras

Decided on : Sep-15-2003

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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Sep 10 2003 (TRI)

Paduka Shoes (P.) Ltd. and ors. Vs. Bank of Baroda and ors.

Court : DRAT Madras

Decided on : Sep-10-2003

Reported in : II(2004)BC97

..... separate action against ecgc in a separate proceeding. this matter is pending before the drt which is for realisation of the amount borrowed from the bank by the borrower. any contract or agreement between the borrower and the ecgc cannot be enforced in this forum and it will not amount to "debt" as described under section 2(g) of the drt ..... (2001) bc 47 (sc)=(1999) 7 supreme court case 539 at page 545 (state bank of bikaner and jaipur v.ballabh das and co. and ors.) has observed that "the contract of insurance/guarantee is between ecgc and the appellant bank and prima facie the term/condition in the said insurance cover/guarantee referred to above is for the benefit of ..... the bank.4. the counsel for the respondent bank submitted that ecgc is not all a necessary party to the proceedings before the drt since there is no privity of contract between the ecgc and borrower. counsel for the respondent bank and counsel for the ecgc further submitted that there is an agreement between ecgc and the bank and the agreement ..... not all a necessary party to the proceedings.5. the po, drt-ii, chennai in his order has stated that there is no privity of contract between the applicant and r2, there is a privity of contract between r2 and r1, and the premium is not a debt as defined under section 2(g) of the recovery of debts due to banks .....

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Feb 27 2003 (TRI)

Sri Raghavendra theatre Vs. Bank of India

Court : DRAT Madras

Decided on : Feb-27-2003

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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