Death of Arbitrator

Default appointment mechanism under Section 11 of the 1996 Act should be resorted to if the named arbitrator dies. The clause does not become unworkable. Khorshed E. Nagarwalla v. Daryus Panthkey, 2010 (6) BomCR 462 

Admission to School (Class XI and Class XII)

Raunak A. Gandhi v. Bhavans, 2010 (6) Bom CR 198

Bhavans (the School) has a right to adopt its own method for granting admission to students in the Xith Standard since its is part of the autonomy which the Bhavans (the School) possess as a private educational institution.

Expert Witness

In a medical negligence case, expert witness is not always necessary.
V. Kishan Rao v. Nikhil Super Speciality Hospital, 2010 (6) Bom CR 155 (SC)

Amendment / Deletion of Affidavits

Once affidavit in lieu of examination in chief is filed, it partakes character of examination in chief. There is no provision in the Code to enable court to order its deletion. 2010 (6) Bom CR 379

Imposition of costs on frivolous litigants

Principles explained in Vinod Sethi v. Devinder Bajaj, (2010) 8 SCC 1

economic duress and arbitrability

Sirajuddin Kasim v. Paramount Investment, (2010) 8 SCC 557 following Boghara Polyfab (2009) 1 SCC 267.

whether or not agreement was entered into under economic duress is arbitrable dispute.

Suit to claim interest alone

Mrs. Prabhadevi Ramgarib B. v. Divisional Railway Manager, Western Railway Manager, Manu/MH/0238/2010  (para 20).

See also:  2010 5 SCC 44, 56.


Rule 2, Order 2 (where only interest is claimed, principal is barred from being claimed) - AIR 1922 PC 23