There is no absolute right to forfeit entire amount without proof of total damages. When material on record shows that extent of damages is less, no one can be allowed to enrich himself by taking advantage of the forfeiture clause. When actual loss is ascertainable , entire forfeiture cannot be held valid. AIR 2011 AP 65.
Thursday, June 9, 2011
'consumer' and cooperative soiciety
Complaint against Society is maintainable but members cannot be held personally liable. AIR 2011 Bom 68.
Arbitration - section 9 - when exercised
Interim injunction
Court will not grant injunction where court feels that the grant of injunction would frustrate the object of arbitration. AIR 2011 Mad 110
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
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