Thursday, July 15, 2010
Wednesday, July 14, 2010
Limitation condonation
Maximum period prescribed under section 125 of the Electricity Act is 120 days from date of communication of order of tribunal. It cannot be extended by section 5 of the Limitation Act.
AIR 2010 SC 2061
AIR 2010 SC 2061
courts cannot rewrite the contract
Vice-Chairman and Managing Director, APSIDC Ltd, v. R.Varaprasad reported in 2003 (11) SCC 572 "it is not for the courts to rewrite the terms of the contract, which were clear to the contracting parties" and in Shin Satellite Public Co. Ltd. v. Jain Studios Ltd. reported in 2006 (2) SCC 628 on the issue of rewriting of contracts by the Courts as also interpretation of a severance clause in an agreement.
Fraud on Court, in pari delicto
Satpal Singh Arora v. Santdas Prabhudas Malkani, (1970) 73 BLR 777 (relevant page 789 of the judgement) which, inter alia, holds that if in a Suit it is established that both the parties intended to play fraud upon law to circumvent its provisions, the maxim in pari delicto, potior est condition defendatis, i.e. where both parties are equally at fault, the position of the Defendant is stronger, will apply.
S. P. Chengalvaraya Naidu v. Jagannath 1994 (1) SCC 1 (relevant paragraphs 5 & 6), the Hon'ble Supreme Court has held that if a Plaintiff's case is based on fraud he can be thrown out at any stage.
fresh leave and license
Alban Joseph Gonsalves v. Rallis India Ltd, 2004 (1) ALL MR 702 (Relevant paragraphs 4 & 9) which holds that entering into a fresh leave and license agreement, amounts to waiver and a deemed surrender of the prior agreement and the licensee cannot claim any right thereunder.
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