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july 1969

Supreme Court of India · 1969-07-23

M..C. CHACKO vs STATE BANK OF TRAVANCORE, TRIVANDRUM

Citation / case number
SC 1966/60314
Court
Supreme Court of India
Petitioner
M..C. CHACKO
Respondent
STATE BANK OF TRAVANCORE, TRIVANDRUM
Bench
SHAH, J.C. (CJ)

Judgment text excerpt

The Supreme Court held that a charge could not be created in favor of a creditor bank based on a deed executed by a father to his son, as the recitals did not indicate an intention to create such a charge. The Court clarified that the letter of guarantee only established a personal obligation, and the creditor bank, not being a party to the deed, could not enforce its covenants. The appeal was dismissed, affirming the High Court's decision that the charge was not enforceable by the bank.

M..C. CHACKO vs STATE BANK OF TRAVANCORE, TRIVANDRUM · Niyam