(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
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Sunday, April 10, 2011
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.
Saturday, April 9, 2011
Monday, March 21, 2011
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
Friday, March 18, 2011
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
(2006) 13 SCC 599, Reliance Salt Ltd v. Cosmos Enterprises
Sunday, March 13, 2011
Limitation and Arbitration - Section 14
Benefit of Section 14 of the Limitation Act, 1963 is also available in arbitration proceedings. (2011) 1 SCC 117
Friday, March 11, 2011
Jurisdiction
The place where the repudiation is received is the place where the suit would lie. (1989) 2 SCC 163 ABC Laminart
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