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1 - 10 of 12 (0.28 seconds)Section 127 in The Indian Contract Act, 1872 [Entire Act]
State Bank Of India vs Smt. Kusum Vallabhdas Thakkar on 23 January, 1991
30. The learned Counsel for the Appellant argued that the Adjudicating
Authority wrongly relied on Judgement in the matter of "State Bank of
India vs. Kusum Vallabhdas Thakkar." In Para 19 (reproduced supra)
of the Impugned Order, the Adjudicating Authority referred to the said
Judgement and observed that the position of law is not altered by Hon'ble
Supreme Court in the decision of "Anuj Jain". Judgment in the matter of
"Smt. Kusum" was referred in the Judgement of Hon'ble Supreme Court
in "Anuj Jain" in Para - 51 and after discussing the ratio of the said
Judgement, Hon'ble Supreme Court in Para - 51.4 observed that it was
difficult to stretch the ratio of the said decision which appears to be
applied to the issue at hand concerning definition of financial debt. The
issue in that case was in the context of mortgage. In any case, even if we
do not refer to the Judgement in the matter of "Smt. Kusum", in the facts
of the present matter, we find that the Impugned Order has rightly
concluded that the claim as made by Respondent No.2 - OBC and
Respondent No.3 - India Bulls was correctly admitted by RP treating
them as Financial Creditors for the amounts stated.
Section 43 in The Indian Contract Act, 1872 [Entire Act]
Haryana Financial Corporation & Anr vs M/S Jagdamba Oil Mills & Anr on 28 January, 2002
"41.1.5. For taking into comprehension the ratio of
Pioneer Urban (supra) and for its application to the
question at hand, appropriate it would be to recount
the basic principles expounded and explained by a
three-Judge Bench in the case of Haryana Financial
Corporation and Anr. v. Jagdamba Oil Mills and Anr.
MANU/SC/0056/2002 : (2002) 3 SCC 496 that the
observations of the Court in a judgment are always
required to be read in the context in which they
appear. This Court has said,-
Section 3 in The Indian Contract Act, 1872 [Entire Act]
Punjab National Bank Limited vs Bikram Cotton Mills & Anr on 17 September, 1969
It is claimed that Hon'ble
Supreme Court also in "Punjab National Bank vs. Shri Vikram Cotton
Mills" reported in AIR 1970 Supreme Court 1973 has held the same.