'consumer' and cooperative soiciety

Complaint against Society is maintainable but members cannot be held personally liable. AIR 2011 Bom 68.

Arbitration - section 9 - when exercised

Interim injunction 

Court will not grant injunction where court feels that the grant of injunction would frustrate the object of arbitration. AIR 2011 Mad 110

Service of posts

Endorsement "not claimed" tantamounts to valid service. AIR 2011 Cal 72

Legal Aid

Mere ground that petitioner is a woman, she is not entitled to legal aid. Existence of prima facie case for granting of legal aid is necessary. AP 2011 NOC

Winding up - disputed debt

Dispute in relation to a debt means dispute between the petitioner and the respondent company. There is a privity of contract, and dispute between third party and the respondent company is not relevant.

Sunil Kothari v. Today Homes, (2011) 107 SCL 216 (Delhi)

Period of limitation cannot be curtailed or cut short by contract

National Insurance Co. Ltd. v. Sujir Ganesh Nayak (1997 Supreme Court dated 21.03.1997)

Period of limitation cannot be cut short by contract.


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Contracts and change in law

Contracts already entered into giving rise to accrued rights and interest are not disturbed by change in law (esp designated legislation)

See


Parag Milk Foods P Ltd v. Union of India, WP No. 2231/2011 (pending)
Parag Milk Foods P Ltd v. Union of India, 2007 Vol. 109 (3) Bom LR 1774 (para 10c, 8c)
Eurotex Industries v. Exports Limited, (2011) 113 (2) Bom LR 0834 (para 33)
Union of India v. Asian Food Industries, (2006) 13 SCC 542 (para 48)
Agri Trade India Services P Ltd v. Union of India, 132 (2006) DLT 500 (para 48)

Southern Petrochemical Industries Co Ltd v. Electricity Inspector, (2007) 5 SCC 447 (para 127)

Vishwant Kumar v. Madan Lal Sharma, (2004) 4 SCC 1 (para 4) - there is a difference between a mere right and what is right accrued or acquired.