Judicial Dictionary
Title | Letter of Credit |
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Details |
Letter of credit is a document issued by a financial institution on behalf
of a buyer stating the amount of credit the buyer has available, and that
the institution will honor drafts up to that amount written by the buyer.
It gives the buyer the prestige and financial backing of the issuing
institution and satisfies the requirements of the seller in completing the
transaction. The accepting institution has a prior agreement as to how the
buyer will pay for the drafts as they are presented.
The contract itself clearly shows that the letter of credit opened by the plaintiff would be subject to approval by the Saudi Fund for Development and such an approval having not come from the Saudi Fund for Development, the letter of credit and also the contract could not be operative in consequence of which the Bank Guarantee was not encashable. The Court below was wrong in holding that the Bank Guarantee was encashable Habib Bank Ltd. Vs. Bangladesh, BLD (HCD) 601 The proceeds of a letter of credit do not came within the provisions of Order 38 rule 5 for attachment before judgement in a suit concerning a dispute between the buyer and seller—Code of Civil Procedure 1908 (V of 1908), Order XXVIII Rule 5. Gooryonly (BD) Textile lid. v. Chartkar Information Holding Ltd. & ors., 22 BLD (AD) 89. |