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Felguera Gruas India Private Limited vs Tuticorin Coal Terminal Private ... on 11 January, 2018
cites
Article 2 in Constitution of India [Constitution]
U.P. Co-Operative Federation Ltd vs Singh Consultants & Engineers (P) Ltd on 19 November, 1987
14. We are afraid that in the face of the law succinctly laid down
in U.P. Cooperative Federation (supra) and reiterated in numerous
judgments of this Court referred to earlier, we are unable to accept
the wide proposition of law laid down in the foreign judgments cited
by Mr. Sorabjee. Whatever may be the law, as to the encashment of
bank guarantees in other jurisdictions, when the law in India is
clear, settled and without any deviation whatsoever, there is no
occasion to rely upon foreign case law." (emphasis supplied)
Vinitec Electronics Private Limited vs Hcl Infosystems Limited on 2 November, 2007
In the case of
Vinitec Electronics Pvt. Ltd. vs. HCL Infosystems Ltd. 22, the Hon'ble Supreme Court
expressly dealt with and distinguished the Judgment in the case of Hindustan
Construction Company at paragraphs 20 and 21 thereof.
Article 3 in Constitution of India [Constitution]
Article 6 in Constitution of India [Constitution]
Article 15 in Constitution of India [Constitution]
Article 7 in Constitution of India [Constitution]
U.P. State Sugar Corporation vs M/S. Sumac International Ltd on 4 December, 1996
10. There are, however, two exceptions to this rule. The first is when
there is a clear fraud of which the bank has notice and a fraud of the
beneficiary from which it seeks to benefit. The fraud must be of an
egregious nature as to vitiate the entire underlying transaction. The
second exception to the general rule of non-intervention is when there are
"special equities" in favour of injunction, such as when "irretrievable
injury" or "irretrievable injustice" would occur if such an injunction were
not granted. The general rule and its exceptions has been reiterated in so
many judgments of this Court, that in U.P. State Sigar Corporation vs.
Sumac International Ltd., (hereinafter "U.P. State Sugar
Corporation") this Court, correctly declared that the law was "settled" .