Bank guarantee -- Invocation - Law as to - Bank guarantee is an independent contract between bank and beneficiary and bank is always oblige to honour its guarantee as long as it is an unconditional and irrevocable one - Dispute between beneficiary and party whose instance bank has given guarantee is immaterial and is of no consequence - There are however, exceptions to..........
Bank guarantee -- Invocation - Contract of supply of plant and equipment - Bank guarantees in question were unconditional, specific in nature and limited in amount - Terms of guarantee categorically covered money which respondent had advanced against supply of plant and equipment - Said guarantees covered by loss and damage caused to or suffered by respondent in due..........
Hindu Marriage Act, 1955, Section 13B, 25(2) -- Divorce by mutual consent - Any party seeking variation in terms and conditions of divorce can resort to provisions of S.25(2) of the Act, or to any other remedy, but decree of divorce must remain intact, unless fraud, undue influence or coercion is proved...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 21A -- Application u/s 11 of the Act - Plea of limitation - Once consent has been given by petitioners before Court that they would not mind if matter is decided again to decide issue as to whether judgment and decree was obtained by fraud or collusion..........
Companies Act, 2013, Section 408, 410, Insolvency and Bankruptcy Code, 2016, Section 60, 61, 65(1) -- Alleagtion of fraud - Power of NCLT - NCLT has jurisdiction to enquire into allegations of fraud...........
Special Marriage Act, 1954, Section 25(iii) -- Declaration of marriage as a nullity on ground of fraud - Consent of wife for marriage obtained by fraud and coercion - No evidence led by wife that her consent for marriage was obtained by fraud and coercion - As regarding no, consummation of marriage by husband, same is not a ground u/s 25(iii) of the Act - But even..........
Tripura Land Revenue and Land Reforms Act, 1960, Section 136, 188 -- Execution decree - Objections - S.188 of the Act provides for a complete bar of jurisdiction of Civil Courts under certain circumstances - Therefore, no suit or other proceedings unless expressly provided in the Act lie or be instituted in any civil Court - Suit was decreed by consent - Instead of abiding..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife not served with summons and her signatures were obtained on blank papers by her husband and later on misused by converting them into a power of Attorney on her behalf - She came to know of ex parte divorce decree obtained against her by husband only after his death..........
Evidence Act, 1872, Section 102 -- Will - Onus to prove that Will being result of fraud and misrepresentation is upon plaintiffs who sought declaration to the effect that Will is null, void and not binding upon them...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 342, 354, 376B, 506, 509, 34 -- Quashing of FIR - Offence u/ss 342, 354, 376-B, 506, 509, 34 IPC - Case in hand is apparently a case of blatant abuse of process of law, wherein complainant has attempted to harass her ex-husband and other members of his family by leveling false and obnoxious..........
