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STATE BANK OF INDIA AND ANR. vs. MULA SAHAKARI SAKHAR KARKHANA LTD.

SCR Citation: [2006] Supp. (3) S.C.R. 320
Year/Volume: 2006/ Supp. (3)
Date of Judgment: 06 July 2006
Petitioner: STATE BANK OF INDIA AND ANR.
Disposal Nature: Appeal Allowed
Neutral Citation: 2006 INSC 405
Judgment Delivered by: Hon'ble Mr. Justice S.B. Sinha
Respondent: MULA SAHAKARI SAKHAR KARKHANA LTD.
Case Type: CIVIL APPEAL /2801/2006
Order/Judgment: Judgment
1. Headnote

Contract:
Contract of indemnity and bank guarantee-Distinction between--Contract for purchase of paper plant-At the instance of supplier, Appellant- bank executed document in favour of purchaser by reason whereof it kept the purchaser indemnified against all losses, claims, damages, actions and costs which may be suffered by it-Document did not contain usual words found in a bank guarantee such as "unconditional" and "absolute"-Nature of the document-Held: Document constituted a contract of indemnity and not a bank guarantee-Evidence Act, 1872-Sections 91 & 92.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Evidence Act
  • 1872
5. Equivalent citation
    Citation(s) 2007 AIR 2361 = 2006 (6) SCC 293 = 2006 (6) Suppl. SCC 293 = 2006 (6) JT 152 = 2006 (6) Suppl. JT 152 = 2006 (6) SCALE 600