The Hong Kong and Shanghai Banking Corporation Limited (HSBC) vs. Pratap Shyam Sunder Singh – SC CHC APPEAL 62/2012-2024

In the case between The Hong Kong and Shanghai Banking Corporation Limited and Pratap Shyam Sunder Singh, the court addressed the issue of whether a total failure of consideration existed in a housing loan agreement and whether the bank owed a specific duty of care or advisory duty regarding the validity of title transfer. It was held that the appellant, having received the loan funds, could not establish a failure of consideration and that no legal or advisory duty was breached by the bank. The court reaffirmed the principle that once the benefit under a contract is received, claims for total failure of consideration cannot be maintained absent clear factual evidence to the contrary. This decision relied on legislative analysis, including Ordinance No. 5 of 1852 and the Civil Law Ordinanc