Section 263 of the Indian Contract Act, 1872, provides that after dissolution of partnership, the rights and obligations of the partners continue in all things necessary for winding-up the business […]
When a partner dies, subject to any contract to the contrary, partnership is dissolved. Section 42 of the Indian Partnership Act, 1932 (“Act”) provides for dissolution of partnership on occurrence […]
The related question is whether a partnership firm is such an entity in law that notwithstanding the death of a partner, that entity does not undergo a change and whether […]
The High Court of Andhra Pradesh in Secretary to Govt. Public Works and Transport Department, Andhra Pradesh and Ors. vs. Adoni Ginning Factory and Ors. noted at para 28- “Freedom […]
Meaning of Constructive Fraud Constructive Fraud (“CF“) is a legal fiction used in the law to describe a situation where a person or entity gained an unfair advantage over another by deceitful, or […]
M/s. R.K. Associates V. Channapa and Others Facts In this case, Clause 13 of the deed stated that the plaintiff was at liberty to sue for specific performance or for […]
Citation: 2008(5)BomCR196 Facts On 20th July 2003, the Petitioner invited tenders for the construction of 1648 tenements for the rehabilitation of project affected households. This was a World Bank Project. The […]
Conditions for using ‘Implied Terms’ for Interpretation Lord Simon in BP Refinery (Westernport) Pty Ltd vs. The Shire of Hastings  52 AJLR 20 held that- “…for a term to be implied, […]
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 […]
Find out if the words you delete from a contract has any interpretative value before the Court when such terms are is dispute.
Learn the rules for interpretation of contracts in this series. This is the first part to be followed by two other posts.
Five Principles for Interpretation of Contracts Facts There was a contract between a Norwegian and a German company for supply of 200 tonnes of haaksjoringskod. This substance could mean shark […]