Jurisdiction cannot be conferred by arbitration clause

Parties cannot confer jurisdiction on Court by agreement which it does not possess. Said clause would be void and hit by Section 28.

AIR 2010 Guj 843 (NOC)

(There is a Delhi HC decision also)

Creditors

Foreign creditors and Indian creditors stand at par. AIR1959Cal762

Scheme of Arrangement Voting

Votes with conditions atached not to be counted - 2002 111 Comp Cas 118 (Guj)

Cheque bounce not for signature mismatch

Mustafa Surka - vs State Of Gujarat 

http://indiankanoon.org/doc/1874147/

11. In the instant case, there is no dispute about the endorsement that "drawers signature differs from the specimen supplied" and/or "no image found-signature" and/or "incomplete signature / illegible" and for return/dishonour of cheque on the above endorsement will not attract ingredients of Section 138 of the Act and insufficient fund as a ground for doshonouring cheque cannot be extended so as to cover the endorsement "signature differed from the specimen supplied" or likewise. If the cheque is returned/bounced/dishonoured on the endorsement of "drawers signature differs from the specimen supplied" and/or "no image found-signature" and/or "incomplete signature / illegible", the complaint filed under Section 138 of the Act is not maintainable. Hence, a case is made out to exercise powers under Section 482 of the Code of Criminal Procedure, 1973 in favour of the petitioner.

Error on the face of record

2009 14 SCC 663

2006 4 SCC 78

1997 8 SCC 715

Section 62 - Damages - Sale of Goods - Freedom to contract - conditions

MANU/GJ/0642/2004 - Suraj Enterprises


MANU/MH/0300/2000 - MSEB v. Sterlite Industries (India) Ltd.
MANU/MH/0085/1958: AIR 1958 Bom 291.


MANU/KA/0020/1958 : AIR 1958 Kant 10 - KCN Gowda v. Molakram Tekchand 
distinction between conditions implied by law and conditions provided by contract

Indemnity v. Damages: distinction

AIR 1938 Rangoon 359
AIR 1928 Madras 43