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Rules for Interpretation of Contracts: Pre-Contractual Documents/Draft Agreements

Antecedent Agreements A concluded antecedent agreement may be relied upon in interpreting a later contract in pursuance of that agreement.  However, an antecedent agreement may be considered only on the basis of its particular facts and circumstances. Pre-Contractual Documents/Draft Agreements A concluded contract may be preceded by multiple drafts. Draft agreements may even be signed. Draft…

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Case List: ENFORCEABILITY OF FOREIGN JUDGMENTS IN INDIA

A foreign judgment which is conclusive under Section 13 of the Code of Civil Procedure, 1908, can be enforced in India by: By filing an Execution Petition under Section 44A of the Civil Procedure Code (“CPC”)[1] (in case the conditions specified therein are fulfilled). By filing a suit upon the foreign judgment /decree.[2] In both…

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Ansal Engg. Proj. Ltd. v. Tehri Hydro Development Corp. Ltd. and Anr.

Ansal Engg. Proj. Ltd. v. Tehri Hydro Development Corp. Ltd. & Anr. 1997 88 CompCas 149 SC (if no fraud involved, court has no role) FACTS: The petitioner/appellant (A) had undertaken to do some construction for the defendant/respondent(R) and as per the terms of the contract had furnished a bank guarantee (BG) for faithful performance…