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Wednesday, July 14, 2010

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.

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