such works to collect royalties would be
taken away, despite specific guarantee of such rights by way of
amendment in the year 2012, manifested
such works to collect royalties would be
taken away, despite specific guarantee of such rights by way of
amendment in the year 2012, manifested
such works to collect royalties would be
taken away, despite specific guarantee of such rights by way of
amendment in the year 2012, manifested
criminal case against the accused drawing a broader
attitude. However, the specific performance guarantee was further
renewed on dated 28.07.2013 by the accused and cheque ... further
submits that the accused is stated to have executed Specific
performance guarantee Ex CW1/A4, work was to be completed
WP(C)/6446/2023 on 24 January, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
Page
liabilities under
this Bank Guarantee irrespective of whether the original
Bank guarantee is returned to us or not.
The Bank Guarantee shall be effective only ... guarantee-appellant. The guarantee is unconditional.
No doubt, the performance guarantee is against the
breach by the lead promoter, viz., the first respondent.
But between
Deed of Undertaking. It is submitted that absence of
specific mention of the guarantee in the Information Memorandum is not
material, since Information Memorandum ... privity of a contract of
guarantee - for that is the claim. A guarantee creates a
very specific type of obligation. It undertakes and
assures
expression interest and in the absence of any specific
provision dealing on corporate guarantee fee, the same shall be taxable
as per the provision ... speaks about other income. Thus, this article was not specific and to say
that guarantee fees would fall under other income would
amount which spread over
years, the service provider needs to have specific performance guarantee
from their customer. The in turn of such security amount
extend to 'corporate guarantee' which, unlike 'bank guarantee', finds no
specific enumeration as 'other financial services' therein, till 20th ... amplifies 'other financial services' with specific
enumeration without including 'corporate guarantee' therein. The legislative intent to
exclude 'corporate guarantees