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Friday, July 30, 2010

Tuesday, July 27, 2010

Proportionality

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

Monday, July 26, 2010

Thursday, July 22, 2010

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

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

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.