CIVIL

Man Roland Druckimachinen AG Vs Multicolour Offset Ltd. and another[SC 2004 APRIL]

KEYWORDS-Restraining Legal Proceeding- 19-04-2004- Undoubtedly when the parties have agreed on a particular forum, the Courts will enforce sauch agreement. This is not because of a lack or ouster of its own jurisdiction by reason of concensual conferment of jurisdiction on another Court, but because the Court will not be party to a breach of… Continue reading Man Roland Druckimachinen AG Vs Multicolour Offset Ltd. and another[SC 2004 APRIL]

CIVIL

Agreements in restraint of legal proceedings is void u/s 28

Indian Contract Act 1872 Section 28 of the Contract Act was introduced on the recommendation of the Law Commission in order to remove the anomalies created by the earlier Act. The position of law settled before the amendment[ 1997 amendment to the Section] was that Section 28 would invalidate only a clause in an agreement which restricts a party… Continue reading Agreements in restraint of legal proceedings is void u/s 28

CIVIL, Criminal

M/s. Laxmi Dyechem Vs. State of Gujarat & Ors. [SC 2012 November]

Keywords :- Stop Payment - Mismatching signature- November 27, 2012- Heavy onus lies on the court issuing summons in such cases as the trial is summary in nature. The category of 'stop payment cheques' would be a category which is subject to rebuttal and hence would be an offence only if the drawer of the cheque… Continue reading M/s. Laxmi Dyechem Vs. State of Gujarat & Ors. [SC 2012 November]