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Friday, July 30, 2010

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

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.