Case List | Case List-Contracts | Labour Laws

Case List: Contract of personal services cannot be specifically enforced

A contract of personal service cannot be specifically enforced in a civil suit. Case List Jitendra Nath Biswas vs. M/s. Empire of India and Ceylon Tea Co. and Anr., 1989, Supreme Court, (1989) 3 SCC 582; Pearlite Liners Pvt. Ltd. vs. Manorama Sirsi, 2004, Supreme Court; (2004) 3 SCC 172; Apollo Tyres Ltd. vs. C.P. Sebastian, 2009,…

Copyright | Intellectual Property Rights | Trade Mark

World Wrestling Entertainment Inc. v. M/s. Reshma Collection

World Wrestling Entertainment Inc. v. M/s. Reshma Collection Before the Hon’ble High Court of Delhi at New Delhi FAO(OS) No. 506 of 2013 Date of Decision: 15.10.2014 Appellant filed a suit seeking permanent injunction restraining infringement of Copyright, Infringement of Trade Mark, Passing Off, Dilution, Rendition of Accounts, Damages, etc in respect of their Trade…

Contract Law | Interpretation of Contracts

Rules for Interpretation of Contracts: Implied Terms of Contract

Conditions for using ‘Implied Terms’ for Interpretation  Lord Simon in BP Refinery (Westernport) Pty Ltd vs. The Shire of Hastings [1978] 52 AJLR 20 held that- “…for a term to be implied, the following conditions (which may overlap) must be satisfied: it must be reasonable and equitable; it must be necessary to give business efficacy to the…

Contract Law | Indemnity and Guarantee

GREEV vs. KETTLE

GREEV vs. KETTLE Key Words: mutual mistake in guarantee, estoppel, rectification Facts: Defendant Company (S), in consideration of Plaintiff Company’s (C) giving credit to principle debtor (D), guaranteed the payment of debt, which was stated in deed to be secured by ‘validly issued shares in Company’. Though both S and C believed this fact to…

Basic Principles of Contract | Contract Law

Samuel Pillai v. Anathan Pillai

Samuel Pillai v. Anathan Pillai [Section 25(3) of Indian Contract Act, Consideration] FACTS: Administratrix of the deceased whose property was inherited by the defendant entered into an agreement with the latter to convey the title in the property without deducting the debt, which was barred by the limitation, for the promissory note paid by the…

Basic Principles of Contract | Contract Law

Union of India & Ors. v. M/S. Bhim Sen Walaiti Ram

Union of India & Ors. v. M/S. Bhim Sen Walaiti Ram  1970 SCR (2) 594 (Section 7 of Indian Contract Act -Acceptance must be absolute) FACTS: In an auction held for the sale of license of liquor shop, defendant offered the highest bid which was provisionally accepted “…subject to the confirmation of Chief Commissioner who may…

Basic Principles of Contract | Contract Law

Bolton v. Mahadeva

Bolton v. Mahadeva  [1972] 2 All ER 1322 (Substantial Performance of an obligation) FACTS: Defendant engaged plaintiff to install central heating system under a lump sum contract. However, the work was completed with many defects like: fumes from the boilers, inadequacy of warmth, etc. such that the total cost of repairing would have to be…

Basic Principles of Contract | Contract Law

Cory Brothers & Co. v “Mecca” (Owners of Turkish Steamship)

Cory Brothers & Co. v “Mecca” (Owners of Turkish Steamship) [1897] AC 286 (Debtor and Creditor – Appropriation of Payments – Right to Appropriate – Intention of Creditor) FACTS: Cory Bros. (CB) were holders of four dishonored bills of exchange from H Co., for services to latter’s steamships Mecca and Medina: first on account of…

Basic Principles of Contract | Contract Law

Alopi Parshad & Sons Ltd v. Union of India

Alopi Parshad & Sons Ltd v. Union of India AIR 1960 SC 588 (Section 56, Frustration, quantum meriut, Section 62) FACTS: Plaintiffs were appointed by UoI to provide for the army personnel ghee in return for consideration as stipulated under contract. World War II then started and after three years, government in light of increased demand for ghee…

Basic Principles of Contract | Contract Law

Saradamani Kandappan v. S. Rajalakshmi & Ors.

Saradamani Kandappan v. S. Rajalakshmi & Ors. (Performance of Reciprocal promises, S.51 to 55) FACTS: Plaintiff entered into contract for purchase of certain mortgaged properties with defendant on following terms: first, that the execution of sale deed shall be at the convenience and desire of plaintiff; subject to her satisfaction of title to the land…