Supreme Court Digest of Recent Cases
(2006) 6 SCC 293

Banker and Customer

Bank Guarantee

— Nature and construction of — Construction of bank guarantee, in the light of contemporaneous documents — Impermissibility — Held, a bank guarantee must be construed on its own terms, (2006) 6 SCC 293-A

Contract Act, 1872

— Ss. 124 and 126 — Contract of indemnity or guarantee — Determination of — Claims, recovery of which provided for in document concerned — Peculiar words (typically) used in such contracts — Contemporaneous documents — Relevance, (2006) 6 SCC 293-B

Contract

— Construction/Interpretation of — Contract when contained in more than one document — Need for all documents concerned to be the subject-matter of contract between the same parties — References to the other documents in the documents concerned — Relevance, (2006) 6 SCC 293-C

Evidence Act, 1872

— Ss. 91 and 92 — Surrounding/attending circumstances — When relevant for construction of document — Held, the same are relevant only when ambiguity exists in the document concerned and not otherwise, (2006) 6 SCC 293-D

Contract

— Construction/Interpretation of — Supply of words not used by author, by court — Impermissibility, (2006) 6 SCC 293-E

Interest

— Grant of interest at final stage of proceedings at a rate different from the rate of interest mentioned in the condition laid down for retention of monies in question at interim stage — Impermissibility, (2006) 6 SCC 293-F



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