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april 1980

Supreme Court of India · 1980-04-30

STATE BANK OF SAURASHTRA vs CHITRANJAN RANGNATH RAJA AND ANR.

Citation / case number
SC 1970/60091
Court
Supreme Court of India
Petitioner
STATE BANK OF SAURASHTRA
Respondent
CHITRANJAN RANGNATH RAJA AND ANR.
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court analyzed the discharge of a surety under Section 141 of the Indian Contract Act, holding that a surety can be discharged if the creditor's negligence leads to the loss of pledged goods. The Court found that the trial court's conclusion that the surety remained liable despite the Bank's negligence was incorrect, as the guarantee and the pledge constituted a composite transaction. Consequently, the Court upheld the High Court's decision that the surety was discharged from liability due to the Bank's failure to safeguard the pledged goods.

STATE BANK OF SAURASHTRA vs CHITRANJAN RANGNATH RAJA AND ANR. · Niyam