Only if the party pleads frustration, will the other party get to plead and prove that frustration was due the the breaching party's neglect, default or self-induced. Sri Amuruvi v. KR Sabhapathi, AIR 1962 Mad 132; Dinanath v. Premchand, MANU/MP/0120/1956; VL Narasu v. PSV Iyer, AIR 1953 Mad 300
Sunday, April 10, 2011
Court will not interfere so long as arbitrators view is a possible one and it remains within the terms of contract
NHAI v. Unitech-NCC Joint Venture, MANU/DE/2176/2010; McDermott International v. Burns Standard Co. Ltd, (2006) 11 SCC 181
Pleadings to be liberally construed
Bismillah v. Janeshwar Prasad (1990) 1 SCC 207 (para 9); Ram Sarup Gupta v. Bishun Narain Inter College, AIR 1987 SC 1242; Smt. Kalawati Tripathi v. Smt. Damayanti Devi, AIR1993 Pat 1 (para 13)
Courts cannot decide outside pleadings
(Gajanan Krishnaji Bapat and Anr. v. Dattaji Raghobaji Meghe, AIR 1995 SC 2284; Kalyan Singh Chouhan v. C.P. Joshi, JT 2011 (2) SC 97). It is not permissible for the court (and also arbitral tribunal) to travel beyond the pleadings
Unilateral mistake - misunderstanding scope of contractual obligations
Dhulipudi Namayya v. Union of India, AIR 1958 AP 533 and State of Andhra Pradesh v. Pioneer Builders, 1999 (3) ALD 140 which relied on Hillas & Co. v. Arcos Ltd., (1932) All ER 494. Pioneer in Appeal (AIR 2007 SC 113) reversed on other grounds. This was untouched.
Saturday, April 9, 2011
Monday, March 21, 2011
exclusion of jurisdiction of indian courts
territorial jurisdiction of a court when the plaintiff intends to invoke jurisdiction of any court in India, has to be ascertained on the basis of the principles laid down in the Code of Civil Procedure. Agreement cannot take away jurisdiction of court. (2008) 1 SCC 618
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