Supreme Court of India
Ram Kishun and Ors. v. State of U.P. and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
4 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above, the appeal lacks merit and is accordingly dismissed.
Judgment, page 23
From the headnote
Contract Act, 1872 - s. 128 - Guarantor - Liability of - Held: Liability of the guarantor/surety is co-extensive with that of the debtor - The surety has no right to restrain execution of the decree against him until the creditor has exhausted his remedy against the principal debtor. Contract Act, 1872 - s. 146 - Co-surety - Liability of - Held: Co-sureties are liable to contribute equally - In case there are more than one surety/guarantor, they have to share the liability equally unless the agreement of contract provides otherwise. Financial institutions - Recovery of loans - Held: Financial
Authorities it was built on
- 2006 M/s Transcore v. Union of India and Anr.
- 2010 United Bank of India v. Satyawati Tondon and Others
- 1972 State of Orissa and Ors. v. Harinarayan Jaiswal and Ors.
- 2002 Haryana Financial Corporation and Anr. v. M/s. Jagdamba Oil Mills and Anr.
- 2008 Valji Khimji and Company v. Official Liquidator of Hindustan Nitro Product (gujarat) Ltd. and Ors
- 1989 Ambati Narasayya v. M. Subba Rao & Anr.
- 1977 Takaseela Pedda Subba Reddy v. Pujari Padmavathamma & Ors.
- 1995 The Chairman and Managing Director, Sipcot, A Madras - 8 and Ors. v. Contromix Pvt. Ltd. by its Director (finance) Seetharaman, Madras and Anr
- 1969 Navalkha & Sons v. Sri Ramanya Das & Ors.
- 2007 Lachhman Dass v. Jagat Ram and Ors.
- 1983 Union of India & Ors. Etc. Etc. v. Bombay Tyre International Ltd. Etc. Etc.
- 2000 Divya Manufacturing Co. (p) Ltd. Tirupati Woollen Mills Shramik Shangharsh Samity and Anr. v. Union Bank of Lndia and Ors. Official Liquidator and Ors.
- 1996 Gurbachan Singh and Anr. v. Shivalak Rubber Industries and Ors.
- 1973 Gajadhar Prasad & Ors. v. Babu Bhakta Ratan & Ors.
- 2004 Anil Kumar Srivastava v. State of U.P. and Anr.
- 1993 Desh Bandhu Gupta v. N L. Anand and Rajinder Singh
- 2009 Industrial Investment Bank of India Ltd. v. Bishwanath Jhunjhunwala
- 1982 Maharashtra State Electricity Board, Bombay v. Official Liquidator, High Court, Ernakulam, Anr.
- 1974 Kayjay Industries (p) Ltd. v. Asnew Drums (p) Ltd. & Ors.
- 2000 Union Bank of India v. Official Liquidator H.C. of Calcutta and Ors.
- 2008 Fcs Software Solutions Ltd. v. La Medical Devices Ltd. & Ors.
- 1992 State Bank of India v. Indexport Registered and Ors.
- 1986 State Bank of India v. Saksaria Sugar Mills Ltd. and Ors.
- 1997 S.S. Dayananda v. K.S. Nagesh Rao and Ors.
- 2004 Gajraj Jain v. State of Bihar and Ors.
Where later benches applied it
- 2024 Celir Llp v. Mr. Sumati Prasad Bafna & Ors.
- 2022 Deenadayal Nagari Sahakari Bank Ltd. & Another v. Munjaji and Others
- 2016 Sardar Nirmal Singh (dead) Thr. Lrs. v. Bhatia Safe Works & Anr.
- 2015 State of Punjab v. M/s. Ban Deep Singh & Ors.
Of those, 1 relied on · 3 referred to
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