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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,…

Case List: Articles of Association vs. Shareholders Agreements – Which one prevails?

Case List: Articles of Association vs. Shareholders Agreements – Which one prevails?

Section 36 of the Companies Act, 1956 makes the Memorandum and Articles of Company, when registered, binding not only on the company but also the members inter-se to the same extent as if they had been signed by the company and by each member and covenanted to by the company and each shareholder to observe…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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Morris v. Baron & Co.

Morris v. Baron & Co. [1918] AC 1 (Section 62, discharge by agreement, substitution of new agreement, novation) FACTS: Morris entered into written contract (A) with Baron to supply him with certain no. of pieces of cloth: dispute arose between the parties as Morris demanded payment of supplied pieces of cloth while Baron claimed damages…

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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…

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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…