Balfour v. Balfour [1919] 2 KB 571 (Consideration-Intention to create legal relations) Facts: A husband was employed in Ceylon. He returned with his wife to England on leave, but she was unable to go back to Ceylon with him due to medical reasons. He consequently promised orally to make her an allowance per month until…
CITATION(S): [1977] EWCA Civ 9, [1979] 1 WLR 401, 1979 UK 1 All ER 965 FACTS: The sellers of a machine (Butler Machine Tool Co. Ltd.) made an offer (on 23rd May) to the buyers (Ex-Cell-O Corporation) for selling a machine worth a fixed price, subject to certain terms and conditions (T&C), amongst which two prominent ones were: Those T&C shall prevail…
Section 105 of the Transfer of Property Act talks about lease. It is transfer of a right to enjoy an immovable property for a certain time, or in perpetuity against consideration of a price paid or promised (premium). Features: Lessee acquires a transferable interest and can sub-lease. It is both heritable and transferable. Lessor and…
What is hire-purchase? Hire purchase is a type of installment credit under which the hire purchaser, called the hirer, agrees to take the goods on hire at a stated rental, which is inclusive of the repayment of principal as well as interest, with an option to purchase. Features: Under this transaction, the hire purchaser acquires…
Shri V.S. Krishnan & Ors vs M/S Westfort Hi-Tech Hospital (2008) FACTS: Appellants Shri V.S. Krishnan and five others filed Company Petition before CLB under Sections 397 and 398 read with Sections 402, 403 and Schedule XI. According to the petitioners, they were collectively holding in excess of 1/10th of the issued share capital of…
Mitsubishi Motors Corp. vs. Soler Chrysler-Plymouth, Inc. FACTS IN BRIEF: A Japanese corporation and Chrysler International entered into a Joint Venture (called Mitsubishi Motors) for the distribution of cars through the Respondent’s dealers outside the continental US. Owing to a fall in the market for cars, the Respondent sought permission to transship the cars to…
M/S Dozco India P.Ltd. vs M/S Doosan Infracore Co.Ltd. (2010) BACKGROUND Part I of the Act deals with domestic arbitration and section 2(2) provides that Part I shall apply where the place of arbitration is India. In Bhatia International v Bulk Trading SA (2002) 4 SCC 105, the Indian Supreme Court had held that Part I…
Denel (Proprietary Limited) vs. Bharat Electronics Ltd. & Anr. FACTS IN BRIEF: The respondent (Bharat) (a Government of India Enterprise) had placed certain purchase orders with the claimant (Denel) (a company wholly owned by the government of South Africa), for the delivery of electrical equipment which was duly delivered. Bharat accepted the goods but refused…
M/S. Centrotrade Minerals vs. Hindustan Copper Ltd., (2006) FACTS The case involved a contract to supply of copper concentrate to HCL by Centrotade. The Dispute resolution of the contract provided– Arbitration in India as per the rules of the Indian Council of Arbitration; if either party is dissatisfied, then a second arbitration in London as per…
Bhatia International vs Bulk Trading S. A. & Anr. (2002) Contract contained an arbitration clause which provided that arbitration was to be as per the rules of the International Chamber of Commerce (ICC). ISSUE: Whether Indian Courts have power to grant interim relief U/S 9 of the A&C Act 1996? CONTENTIONS Appellant Part I of the…
Citation Infowares Ltd. vs Equinox Corporation Ltd. (2009) FACTS M/s Citation Infowares (Indian company) (CI)entered into an agreement in India with the Equinox Corporation (US company). The final dispute resolution clause in the agreement provided as follows: “10.1. Governing law – This agreement shall be governed by and interpreted in accordance with the laws of…
M/S Sms Tea Estates P.Ltd. vs M/S Chandmari Tea Co.P.Ltd. (2011) FACTS In pursuance of a lease deed the Respondent (Chandmari Tea Company) (R) leased tea estates to the Appellant (SMS Tea Estates) (A). The lease deed provided for disputes to be resolved by arbitration. Before execution of the lease deed, R offered to sell the…