Telenor Asia (P.) Ltd. vs. Unitech Wireless (Tamil Nadu) (P.) Ltd. and Others

Telenor Asia (P.) Ltd. vs. Unitech Wireless (Tamil Nadu) (P.) Ltd. and Others[1] (Breach of Representations and Warranties Clause) Facts In this case Telenor is a company incorporated under the laws of Singapore and Unitech Wireless (Tamil Nadu) (P.) Ltd., is an Indian company operating under the brand name “Uninor”. The Department of Telecommunications (‘DoT’)… Read More Telenor Asia (P.) Ltd. vs. Unitech Wireless (Tamil Nadu) (P.) Ltd. and Others

How Assets and Liabilities can be settled Upon Dissolution of Partnership?

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 of the partnership. In the normal course there must be a general sale and winding up followed by a distribution of the surplus.[1] In all… Read More How Assets and Liabilities can be settled Upon Dissolution of Partnership?

Dissolution of Partnership on Death of a Partner

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 of certain contingencies which includes ‘death of the partner’ as one of those contingencies. Plain reading of the Section 42 would show that, subject to… Read More Dissolution of Partnership on Death of a Partner

Is Partnership a Juristic Person having its own Independent Status?

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 legal entity, continues notwithstanding the death of one of the partners. Under the Indian Partnership Act a partnership has not been given any legal… Read More Is Partnership a Juristic Person having its own Independent Status?

Difference between Freedom of Contract and Right to performance of a Contract

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.[1] noted at para 28- “Freedom of contract is one thing. Right under a contract or right to performance of a contract is another. It is only the former that is… Read More Difference between Freedom of Contract and Right to performance of a Contract

CONSTRUCTIVE FRAUD: AN ANALYSIS

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 unfair, methods. Intent does not need to be shown[1] as in the case of actual fraud[2]. Under contract law, a defendant can be liable to a plaintiff… Read More CONSTRUCTIVE FRAUD: AN ANALYSIS

Mumbai Metropolitan Region Development Authority vs. Unity Infraproject Ltd.

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 work was to be carried out in two phases. The two phase programme of work was to be in accordance with the availability of vacant… Read More Mumbai Metropolitan Region Development Authority vs. Unity Infraproject Ltd.

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… Read More Rules for Interpretation of Contracts: Implied Terms of Contract

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