Advocate Power of Attorney

2000 4 BomCR 740
1994 4 BomCR 538

In the same matter, an advocate cannot combine the roles of a counsel and power of attorney holder.

Power of Attorney Notarisation Process

Para 20.7 of 2009 MLJ 520

Proportionality

2001 2 SCC 386
2004 2 Scc 130
2004 2 scc 50
1987 4 scc 611
2002 104(1) bom LR 150

Exemption from personal appearance in cheque bounce case

2004 (4) Mah LJ 1115 - bhaskar sen

Bank guarantee

Separate contract and necessity of bank to be made a party:
74 comp cas 192
1990 (1) CLT 200
(1996) 1 scc 735
AIR 1996 SC 2268

Acceleration of Payment

http://indiankanoon.org/doc/978115/

Acceleration of Payment

http://indiankanoon.org/doc/978115/

Acceleration of Payment

http://indiankanoon.org/doc/978115/

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

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.

Limitation: Power to condone delay

1.  AIR 1962 SC 1217 Board of Revenue, U. P. Allahabad versus Sardarni Vidyawati and Another wherein the Supreme Court has held that the Board of Revenue acts as a quasi judicial body under Section 56 (2) Indian Stamp Act.

2.  1985 3 Supreme Court Cases 590 Sakuru versus Tanaji wherein the Supreme            
Court has held that the provisions of the Limitation Act, 1963 apply only to proceedings in 'courts' and not  to appeals or applications before bodies other than courts such as qu asi judicial
tribunals or executive authorities.

3. 2003 8 Supreme Court Cases 431 Prakash H. Jani versus Marie Fernandes (Ms) wherein the Supreme Court has referred to Sakuru v. Tanaji .