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Bank of bihar vs damodar prasad summary

WebApr 8, 2016 · PETITIONER: BANK OF BIHAR LTD. Vs. RESPONDENT: DAMODAR PRASAD & ANR. DATE OF JUDGMENT: 08/08/1968 BENCH: BACHAWAT, R.S. … WebS. Mitra and R.C. Prasad, for the appellant. 621 K.K. Sinha, for respondent No. 2. The guarantee bond in favour of the plaintiff bank is dated June 15, 1951. The surety agreed …

Surety has no right to dictate terms to the creditor & ask him to ...

WebJan 27, 1998 · 17. Supreme Court in Bank of Bihar v. Damodar Prasad, AIR 1969 SC 297, had occasion to consider the scope and ambit of Order XX, Rule 11 in the case of a composite decree. Supreme Court held that the very object of the guarantee would be defeated if the creditor is asked to postpone his remedies against the sureties. WebThe plaintiff Bank lent moneys to defendant No. 1 Damodar Prasad on the guarantee of defendant No. 2 Paras Nath Sinha. On the date of the suit Damodar Prasad was … meaning of pleasing in hindi https://bexon-search.com

State Bank of India v/s Herman - LawyerServices

WebRULE: It is the duty of the surety to pay the decretal amount. On such payment he will be subrogated to the rights of the creditor under s. 140 of the Indian Contract Act and he … WebBANK OF BIHAR LIMITED Vs. DAMODAR PRASAD - SUPREME COURT OF INDIA - August 08, 1968. BANK OF BIHAR LIMITED Vs. DAMODAR PRASAD. LAWS(SC) … WebJun 29, 2024 · Way Back in the year 1968 in the case of Bank of Bihar Ltd. v. Damodar Prasad & Anr., : 1968 (SLT Soft) 304 : 1969 (1) SCR 62 the Hon'ble Supreme Court was called upon to decided as to whether a guarantor could ask for postponement of recoveries from him till remedies stood exhausted against the principal borrower and the Court dealt … meaning of plebiscite in english

Bank of Bihar Limited v/s Damodar Prasad and Another

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Bank of bihar vs damodar prasad summary

Analysis of Co-extensive Liability of Surety with that of …

WebNov 14, 2024 · In Industrial Investment Bank of India Limited v. Biswanath Jhunjhunwala, reported as ( 2009) 9 SCC 478, the Supreme Court has observed as under:- “14. Mr Gupta, in support of his submission, placed reliance on a judgment of this Court in Bank of Bihar Ltd. v. Dr. Damodar Prasad [AIR 1969 SC 297 : (1969) 1 SCR 620] , AIR p. 298, para 5. WebThe plaintiff has filed the Bank Of Bihar Ltd vs Damodar Prasad & Anr on 8 August, 1968 Indian Kanoon - 2 present appeal after obtaining a certificate. The guarantee bond in …

Bank of bihar vs damodar prasad summary

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WebJul 26, 2024 · In Bank of Bihar v Damodar Prasad [4] it was held that the creditor do not have exhaust all the remedies against principal debtor before suing the surety. WebApr 1, 1987 · Execution of decree – Composite decree – Decree against the principal debtor, mortgaged property and the guarantor – Decree – holder has to first proceed against the mortgaged property and then against the guarantor. Cases Reffered: Bank of Bihar Ltd. v. Damodar Prasad & Anr., 1969 (1) SCR 620. JUDGEMENT: KHALID, J.: 1.

WebIn Bank of Bihar Ltd. v. Dr. Damodar Prasad, AIR 1969 SC 297, it has been held that the liability of a surety is not deferred until remedies against principal-debtor are exhausted. WebJudgment Text. The plaintiff Bank lent moneys to defendant No. 1 Damodar Prasad on the guarantee of defendant No. 2 Paras Nath Sinha. On the date of the suit Damodar …

WebCERTIFICATE This project titled Bank of Bihar Ltd. v Damodar Prasad – a brief analysis submitted to Symbiosis Law School, Hyderabad for Special Contracts I as part of my … WebThe appeal in the Supreme Court arose out of a suit filed by one Thomco’s Bank in Trivandrum against the appellant N.S. Anirudhan and one V. Sankaran in the trial court. The suit was based against V. Sankaran on a promissory note executed by him in favour of the Bank on February 24,

WebSurety has no right to dictate terms to the creditor & ask him to pursue his remedies against the principal in the first instance-Bank of Bihar Ltd. Vs. Damodar Prasad & Anr. …

WebFeb 22, 2024 · In Bank of Bihar v. Damodar Prasad [4], the Hon’ble Court held that an action against the surety cannot be prevented solely on the ground that the creditor has … meaning of pleasesWebFeb 11, 2024 · In the case of Sanjeev Shriya v. State Bank of India & Ors., the Hon’ble Allahabad High Court has barred parallel proceedings in Debt Recovery Tribunal (DRT) … meaning of pleasing in urduWebCase Summary - Read online for free. ... LAW OF CONTRACTS. CASE SUMMARY. ATHISAYA CG (BA0190011) BANK OF BIHAR LTD. VS DAMODAR PRASAD, AIR. 1969 S.C. 297 meaning of pledge in englishWebNov 12, 2004 · The contention of the learned counsel for the respondent that the liability as surety is coextensive, cannot be overlooked in view of the two decisions of the Apex Court rendered by three Hon'ble Judges, namely, Bank of Bihar Limited v. Dr. Damodar Prasad reported in 1969 All LJ, 475 : ( AIR 1969 SC 297) (Paragraphs 3 to 6). pedestal swivel tv mountWebApr 7, 2015 · Equivalent citations: 1969 AIR 297, 1969 SCR (1) 620 Bench: Bachawat, R.S. PETITIONER: BANK OF BIHAR LTD. Vs. RESPONDENT: DAMODAR PRASAD & ANR. DATE OF JUDGMENT: 08/08/1968 BENCH: BACHAWAT, R.S. BENCH: BACHAWAT, R.S. SIKRI, S.M. HEGDE, K.S. CITATION: 1969 AIR 297 1969 SCR (1) 620 CITATOR INFO : … meaning of pledge of allegianceWebThe sureties thus became liable to pay the entire amount. Their liability was immediate and it was not deferred until the creditor exhausted his remedies against the principal debtor. Therefore, the order of the High Court against respondent Nos. 2 to 5 is untenable. [299 B-D] Bank of Bihar Ltd. v. Damodar Prasad & Anr. [1969] 1 S.C.R. 620 ... pedestal toothpick holderWebPETITIONER: BANK OF BIHAR LTD. Vs. RESPONDENT: DAMODAR PRASAD & ANR. DATE OF JUDGMENT: 08/08/1968 FACTS The appellant-creditor lent moneys to the first respondent on the guarantee of the second respondent., The appellant filed a suit against the respondents for recovery of the amount due. and the suit was decreed. pedestal systems for wood decks