Endorsement "not claimed" tantamounts to valid service. AIR 2011 Cal 72
Thursday, June 9, 2011
Legal Aid
Mere ground that petitioner is a woman, she is not entitled to legal aid. Existence of prima facie case for granting of legal aid is necessary. AP 2011 NOC
Saturday, June 4, 2011
Winding up - disputed debt
Dispute in relation to a debt means dispute between the petitioner and the respondent company. There is a privity of contract, and dispute between third party and the respondent company is not relevant.
Sunil Kothari v. Today Homes, (2011) 107 SCL 216 (Delhi)
Sunil Kothari v. Today Homes, (2011) 107 SCL 216 (Delhi)
Thursday, June 2, 2011
Period of limitation cannot be curtailed or cut short by contract
National Insurance Co. Ltd. v. Sujir Ganesh Nayak (1997 Supreme Court dated 21.03.1997)
Period of limitation cannot be cut short by contract.
Sent on my BlackBerry® from Vodafone
Period of limitation cannot be cut short by contract.
Sent on my BlackBerry® from Vodafone
Tuesday, May 17, 2011
Contracts and change in law
Contracts already entered into giving rise to accrued rights and interest are not disturbed by change in law (esp designated legislation)
See
Parag Milk Foods P Ltd v. Union of India, WP No. 2231/2011 (pending)
Parag Milk Foods P Ltd v. Union of India, 2007 Vol. 109 (3) Bom LR 1774 (para 10c, 8c)
Eurotex Industries v. Exports Limited, (2011) 113 (2) Bom LR 0834 (para 33)
Union of India v. Asian Food Industries, (2006) 13 SCC 542 (para 48)
Agri Trade India Services P Ltd v. Union of India, 132 (2006) DLT 500 (para 48)
Southern Petrochemical Industries Co Ltd v. Electricity Inspector, (2007) 5 SCC 447 (para 127)
Vishwant Kumar v. Madan Lal Sharma, (2004) 4 SCC 1 (para 4) - there is a difference between a mere right and what is right accrued or acquired.
See
Parag Milk Foods P Ltd v. Union of India, WP No. 2231/2011 (pending)
Parag Milk Foods P Ltd v. Union of India, 2007 Vol. 109 (3) Bom LR 1774 (para 10c, 8c)
Eurotex Industries v. Exports Limited, (2011) 113 (2) Bom LR 0834 (para 33)
Union of India v. Asian Food Industries, (2006) 13 SCC 542 (para 48)
Agri Trade India Services P Ltd v. Union of India, 132 (2006) DLT 500 (para 48)
Southern Petrochemical Industries Co Ltd v. Electricity Inspector, (2007) 5 SCC 447 (para 127)
Vishwant Kumar v. Madan Lal Sharma, (2004) 4 SCC 1 (para 4) - there is a difference between a mere right and what is right accrued or acquired.
Authorisation to sue
Suit filed by a person authorised by Chief Executive Officer does not constitute authority to sign and verify plaint in absence of resolution of board of directors. Letter of authority is not sufficient.
(2011) 163 Comp Cas 37 (SC)
(2011) 163 Comp Cas 37 (SC)
Tuesday, May 10, 2011
Director's capacity to file pleadings
(2011) 163 Comp Cas 37 (SC)
Even a director will need to be authorised by a board resolution to file pleadings, and a letter of authority is insufficient
Provisions of the CPC not considered though.
Even a director will need to be authorised by a board resolution to file pleadings, and a letter of authority is insufficient
Provisions of the CPC not considered though.
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