Supreme Court · 1994 INSC 389 · Decided 14 September 1994

The State Trading Corporation of India LTD. v. Jainsons Clothing Corporation and ANR.

Court
Supreme Court of India
Citation
1994 INSC 389 · [1994] SUPP. 3 S.C.R. 527
Case number
CIVIL APPEAL No. 3586/1986
Decided
14 September 1994
Bench
K. RAMASWAMY, N. VENKATACHALA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 39; Contract Act Section 126, 17

Headnote

TRADING CORPORATION OF INDIA LTD. A v. JAINSONS CLOTHING CORPORATION AND ANR. SEPTEMBER 14, 1994 [K. RAMASWAMY AND N. VENKATACHALA, JJ.) B Indian Contract Act, 1872: Section 126--Contract of Guarantee-What is. Plea _of fraud-Held fraud must be of egr~gious nature. Contract between Principal with foreign buyer does not have the effect of frustrating the contract with agent. Section 17-Fraud-Meaning of. Code of Civil Procedure, 1908: Order 39--Rule i:-Temporary injuc­ tion-Grant of-Necessary conditions for-What are. The appellant-Corporation (Principal Supplier) entered into a

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