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Thursday, July 28, 2011

Interim order does not continue automatically

2009 (3) AWC 3115:
2009 (6) ALJ 397
AIR 2007 SC 1411
AIR 2008 SC 2718

Sale of property in violation of Order 39 injunction

Sale is invalid in exercise of power u/s 151 CPC
See  AIR 1996 SC 135, AIR 2008 SC 901: (2008) 8 SCC 348

Thursday, July 21, 2011

Settlement Agreement - binding nature

Double Dot Finance Services

2005 1 ARBLR 324 (Delhi)
upheld by DB in 2009

Public Policy and Contracts : Distinction between Coercion and Public Policy

D.S. Veer Ranji v. Ciba Speciality Chemicals (I) Limited, Bombay High Court, 2001. (2001) Indlaw Mum 454

Monday, July 4, 2011

Applicable law

2006 5 SCC 702 - law will apply which is in force at the time of the grant not which is at the time of the making of an application.

(1996) 5 SCC 268

[1995] 2 All ER 714

Friday, July 1, 2011

482 and discharge

Notwithstanding that discharge application can be filed, a petition under 482 CrPC is still maintainable. 1998 7 SCC 698