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august 1975

Supreme Court of India · 1975-08-20

HOWRAH INSURANCE CO. LTD vs SOCHINDRA MOHAN DAS GUPTA

Citation / case number
SC 1971/60381
Court
Supreme Court of India
Petitioner
HOWRAH INSURANCE CO. LTD
Respondent
SOCHINDRA MOHAN DAS GUPTA
Author
Y.V. CHANDRACHUD
Bench
Y.V. CHANDRACHUD

Judgment text excerpt

The Supreme Court upheld the decision of the Subordinate Judge to enforce a surety bond executed by the appellant, ruling that the Subordinate Judge was a successor for the purposes of the proceedings under the Tripura (Courts) Order of 1950. The Court clarified that under Section 150 of the CPC, the Subordinate Judge had the authority to enforce the bond, and the appellant was liable for damages incurred due to the Receiver's default as per Section 145(c) of the CPC. The appeal was dismissed, affirming the recovery of damages awarded to the respondent.

HOWRAH INSURANCE CO. LTD vs SOCHINDRA MOHAN DAS GUPTA · Niyam