Supreme Court · 1996 INSC 1401 · Decided 28 November 1996
New India Assurance Company LTD. v. Shri Kusumanchi Kameshwara Rao and ANR.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 1401 · [1996] SUPP. 9 S.C.R. 280
- Case number
- CIVIL APPEAL No. 4656/1984
- Decided
- 28 November 1996
- Bench
- N.P. SINGH, S.B. MAJMUDAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 91, 92; Constitution Article 136; Contract Act
Headnote
Surety Bond-Contract of guarantee-Temis reduced into wntmg Demand of Execution of the bond on plea contra!)' to the tenns-Held : guarantee bond is a repository of the obligations of the guarantor flowing from C the surety bon~17ie temis of the guarantee bond would govem the rights and obligations oral or documentary evidence would not be admissible to val)' the tenns of the written documenl-ln the facts of the present case, on the basis of the surety bond, no liability can be foisted on the guaranto!-lndian Contract Act, D 186()-Evidmce Act, 1872-Sections 91 and 92. The Plaintiff
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