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…
2007 (5) SCC 692 FACTS The Petitioner (P) and Respondent (R) entered into an agreement with R agreeing to purchase from the P certain amount of of iron-ore fines at a definite price. Clause 17 of the agreement provided that if no settlement can be reached by negotiation and mutual agreement, the matter in dispute…
Gas Authority Of India Ltd. vs Spie Capag, S.A. And Others AIR 1994 Delhi 75 FACTS Petitioner (GAIL) had entered into two agreements, for the execution of a Gas Pipe Line Project with Respondent Consortium (herein after, R), consisting of Spie Capag and others. The entire project was to be executed in accordance with the…
Konkan Railway Corporation Ltd. vs Rani Construction Pvt. Ltd. (2002) LAW POINT Article 136 of the Constitution empowers the Supreme Court to grant special leave to appeal from any judgment, decree, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India. BACKGROUND AND ISSUES In…
(Firm) Pars Ram-Brij Kishore v. Jagraon Trading Syndicate, Ltd. FACTS A petition was pub in by the liquidator of the Jagraon Trading Syndicate, Ltd., under Sections 187, 156 and 225, Companies Act, for a payment order against Rai Sahib L. Pars Ram Brij Kishore as a contributory of the Company for certain sum and interest…
Ram Parshotam Mittal vs. Hillcrest Realty SDN Bhd. FACTS For a period of 2 years from the date of purchase of the preference shares by Hillcrest Realty, no dividend was declared or paid by the Hotel Queen Road Pvt.Ltd . Therefore Hillcrest Realty served a notice on Hotel Queen asking the Company to convene an…
Progress Property Co Ltd vs. Moorgarth Group Ltd. This case was Before Lord Phillips, President, Lord Walker, Lord Mance, Lord Collins, Lord Clarke and the judgement was given on 8 December 2010, referring to the common law prohibition on the unlawful distribution of capital by a company through, inter alia, the sale of its assets…
ENTIRE AGREEMENT CLAUSE CITATION: [2006] EWCA Civ 69 FACTS Two English companies entered into a contract whereby one party, an employment agency (“the Agency”), undertook to supply labor personnel and cleaning equipment to the other party (“the Customer”) for a fixed period of time. The written contract contained a clause stating that during the period of…
ENTIRE AGREEMENT CLAUSE CITATION: [2000] 2 Lloyds Rep 611 FACTS The parties to a lease of a tied public house entered into an agreement for a lease containing a restriction requiring the tenant to obtain its beer from nominated suppliers. The agreement for lease contained an acknowledgement that ‘this agreement… constitutes the entire agreement between the…
CITATION: [1895] 2 QB 366 FACTS Plaintiff shipped on the defendant’s ship an estimated quantity of wheat from Rotherhithe in the port of London to Gosport in Portsmouth. The words, “full and complete” which preceded the word “cargo” in the printed form of charterparty had been struck out. The charterparty contained the usual exception of…
Badri Prasad v. State of Madhya Pradesh & Anr. 1969 SCR (2) 380 (Ascertainment) FACTS: The appellant (A) entered into a contract in respect of certain forests and became entitled to cut teak trees with some specifications.[1]After a legislation[2] vesting the estate in the State, A was prohibited from cutting timber in exercise of his…
Kalka Prasad Ram Charan v. Harish Chandra AIR 1957 All 25 (Section 54(2) of Sale of Goods Act, Right of an unpaid seller, Right to lien) FACTS: Harish (H) entered into a contract for sale of 67 thans of silk with Kalka Prasad (K) (a partnership firm). 10 thans were delivered immediately. Delivery of the…