Union of India Vs. Kishorilal Gupta and Bros. AIR 1959 SC 1362 Key Words: novation, substitution, consensus ad idem FACTS Plaintiff entered into three settlement contracts with the government after the breach of the original contracts containing the arbitration clause, such that first of them provided “the contract on payment of amount mentioned shall stand…
The State of Bihar v. Ram Ballabh Das Jalan and Anr. AIR 1960 Pat 400 Also See Morris v. Baron (Novation=Substitution) FACTS: Defendant had a debt of certain amount due to plaintiff along with certain credit due from latter. Plaintiff, by its letter acknowledged the credit and made claim for remaining debt due. Defendant acknowledged…
M/S Gujarat Bottling Co.Ltd. & Ors. v. The Coca Cola Co. & Ors. 1995 SCC (5) 545 (Restraint of Trade, Substitution, Assignment) FACTS: GBC entered into an agreement in 1993 with Coke for grant of franchisee to prepare, bottle, sell brands of latter, but not to be concerned with the beverages of any other brand…