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.

Arbitration clause can survive even the settlement agreement

AIR 1990 Bom 45

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

Fraud and Contract

Fraud which vitiates the contract must have a nexus with the acts of the parties prior to entering into the contract.
(2006) 13 SCC 599, Reliance Salt Ltd v. Cosmos Enterprises 

Limitation and Arbitration - Section 14

Benefit of Section 14 of the Limitation Act, 1963 is also available in arbitration proceedings. (2011) 1 SCC 117

Jurisdiction

The place where the repudiation is received is the place where the suit would lie. (1989) 2 SCC 163 ABC Laminart

10F Appeal and Arbitration

The High Court has no jurisdiction under Section 10F of the Companies Act against the orders of the CLB allowing applications for referring the  matter to arbitration.  
Vijay Sekhri v. Tinna Oil & Chemicals,    2011 100  CLA Del 344


(SUBJECT TO DISCUSSION)


SEE ALSO : SUMITOMO 2008 4 SCC 91

Section 543 of the Companies Act - preference

Under S 543 of the Companies Act only a member or a creditor could make an application, not the Government (SFIO).
While SFIO can approach the board under Section 401, but it has to show ingredients necessary for 397/398.


Pradeep Vakil v. Union of India, [2011] 161 Comp Cas 231 (CLB - Mum)