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Sunday, July 31, 2011

Pipeline Provisions - retroactivity

[1995] 2 All ER 714
[1970] 3 All ER 165

Thursday, July 28, 2011

Interim order does not continue automatically

2009 (3) AWC 3115:
2009 (6) ALJ 397
AIR 2007 SC 1411
AIR 2008 SC 2718

Sale of property in violation of Order 39 injunction

Sale is invalid in exercise of power u/s 151 CPC
See  AIR 1996 SC 135, AIR 2008 SC 901: (2008) 8 SCC 348

Thursday, July 21, 2011

Settlement Agreement - binding nature

Double Dot Finance Services

2005 1 ARBLR 324 (Delhi)
upheld by DB in 2009

Public Policy and Contracts : Distinction between Coercion and Public Policy

D.S. Veer Ranji v. Ciba Speciality Chemicals (I) Limited, Bombay High Court, 2001. (2001) Indlaw Mum 454

Monday, July 4, 2011

Applicable law

2006 5 SCC 702 - law will apply which is in force at the time of the grant not which is at the time of the making of an application.

(1996) 5 SCC 268

[1995] 2 All ER 714

Friday, July 1, 2011

482 and discharge

Notwithstanding that discharge application can be filed, a petition under 482 CrPC is still maintainable. 1998 7 SCC 698

Tuesday, June 21, 2011

Fixation of rate of interest

See 2011 (3) BomCR (A.B) 114
       2011 (3) BomCR (SC) 87



Discussion on fixation of rate of interest

Consumer Status in Electricity

If a premises are used as residential premises and professional also carries on his professional work there, he is entitled to benefit of residential tariff LT-1. Position would be different when premises are not used for regulatory purposes. Krupa Zubin v. MHERC, 2011 (2) BCR (OS) 510