CASE 2

Ans: In Gauhati University v. Shri Niharlal Bhattacharjee(1995), the Supreme Court stated that when the summons was not served properly, the limitation period begins when the appellant knew of the ex parte decree.

Ans: In Sushil Kumar Sabharwal v. Gurpreet Singh and Ors (2002), the Court admitted that the summons was not duly served to the defendant and that the defendant did not have enough to be present in court.

Ans: In the case of Textile Association (India) v. Balmohan Gopal Kurup and Another (1990), the landlord filed an eviction suit against his tenants for default in payment of the rent and obtained an ex parte decree. The respondent was not a party in the suit; only his mother and brother were the parties. The respondent filed an appeal claiming that he was also the tenant, hence the decree obtained by the landlord was not binding. The ex parte decree against the joint tenants is equally binding on all of them. Hence, the trial court set aside the ex parte decree.

Ans: In Bhanu Kumar Jain v. Archana Kumar & Anr (2004), the Supreme Court stated that it is permissible for the defendant to argue that he had sufficient and reasonable grounds for not being able to attend the hearing of the suit on a relevant day, except to challenge the authenticity or otherwise of an order posting the matter for ex-parte hearing.

Ans: In M Krishnappa v. Mensamma (2020), the Karnataka High Court held that when the defendants attended an appearance but did not argue the case, it would be classified as Ex Parte and the defendants could maintain a petition under Order 9 Rule 13 of the CPC.

Ans: In Narayan Chandra De v. Pratirodh Sahini (1989), the Court stated that the determination should be definitive and binding on the court that makes it. An interlocutory order that does not finally clarify the rights of parties is not regarded as a decree for this reason.

Ans: In Kanji Hirjibhai Gondalia v. Jivaraj Dharamshi (1976), the Court said that the plaintiff and the defendant are the parties in a lawsuit. If the court passes any decision on the request of the third party in a lawsuit, then that decision is not considered a decree.

Ans: In the case of Naik v. Hansubala Devi (1983), the Court stated that if there is no adjudication of rights and adjudication of the dispute, then there is no decree.

Ans:  Section 68 of Indian Contract Act: Claim for necessaries supplied to person incapable of contracting, or on his account.—If a person, incapable of entering into a contract, or any one whom he is legally bound to support, is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person.   Illustrations:  (a) A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B’s property. (a) A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B’s property." (b) A suplies the wife and children of B, a lunatic, with necessaries suitable to their condition in life. A is entitled to be reimbursed from B’s property. (b) A suplies the wife and children of B, a lunatic, with necessaries suitable to their condition in life. A is entitled...

Ans: A false claim, active concealment, promise without the purpose to carry it out, any other deceptive act, or any act considered fraudulent are all included in Section 17 of the Indian Contract Act, 1872 as the list of activities that constitute fraud. The Madras High Court while deciding on the case of Kopparthi Venkataratnam And Anr. vs. Palleti Sivaramudu And Anr (1939) has observed that when consent to an agreement is obtained through coercion, fraud, or misrepresentation, Section 19 states that the agreement is a voidable contract at the discretion of the person whose consent was obtained in such a manner. Even if such consent was obtained using fraudulent means, such as misrepresentation or silence, as defined under Section 17 of the Act of 1872, the contract is not voidable if the person whose consent was obtained had the ability to learn the facts with ordinary diligence.

Ans: Claim for necessaries supplied to person incapable of contracting, or on his account .—If a person, incapable of entering into a contract, or any one whom he is legally bound to support, is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person. 31 Illustrations (a) A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B’s property. (a) A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B’s property." (b) A suplies the wife and children of B, a lunatic, with necessaries suitable to their condition in life. A is entitled to be reimbursed from B’s property. (b) A suplies the wife and children of B, a lunatic, with necessaries suitable to their condition in life. A is entitled to be reimbursed from B’s property."

Ans: A false claim, active concealment, promise without the purpose to carry it out, any other deceptive act, or any act considered fraudulent are all included in Section 17 of the Indian Contract Act, 1872 as the list of activities that constitute fraud. The Madras High Court while deciding on the case of Kopparthi Venkataratnam And Anr. vs. Palleti Sivaramudu And Anr (1939) has observed that when consent to an agreement is obtained through coercion, fraud, or misrepresentation, Section 19 states that the agreement is a voidable contract at the discretion of the person whose consent was obtained in such a manner. Even if such consent was obtained using fraudulent means, such as misrepresentation or silence, as defined under Section 17 of the Act of 1872, the contract is not voidable if the person whose consent was obtained had the ability to learn the facts with ordinary diligence.

Ans:  Section 15 of the Indian Contract Act, 1872 states that “coercion is the committing, or threatening to commit, any fact forbidden by the Indian Penal Code, 1860 or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatsoever, with the intention of causing any person to enter into an agreement”. It is immaterial whether the Indian Penal Code, 1860, is or is not in force in the place where the coercion is employed. Take, for instance, A, while onboard an English ship on the high seas, coerces B into signing a contract by criminal intimidation as defined by the Indian Penal Code, 1860. A then sues B in Calcutta for breach of contract. A used coercion, despite the fact that his act was not illegal under English law and that Section 506 of the Indian Penal Code, 1860 was not in effect at the time or location of the act. Therefore, in this case, the contract will be voidable.

Ans: According to Sec. 16 (1) of the Sale of Goods Act, 1930 when the goods sold are below the prescribed quality, the contract can be rejected. But the buyer must satisfy the following two conditions:  1. He must tell the purpose for which he required the goods. 2. He must have relied on the skill of the manufacturer to produce the goods of the quality required by the buyer. 3. The goods must be of a type which are normally dealt with by the seller.

Ans: Asif , a medical attendant  charges unfair advantage of Rs 30000 instead of Rs 5000 due to his dominating position from patient. A person is deemed to be in a position to dominate the will of another: a) where he holds a real or apparent authority over the other; or b) Tax officer and tax payer c) Police officer and accused being invested d) Employer and Employee e) where he or she stands in fiduciary relationship to other: Parent and child Guardian and minor Advocate and client Trustee and beneficiary Fiance and Fiancee f) where he makes a contract with the person whose mental capacity is temporarily and permanently affected by reason of age, illness or mental or bodily distress. Doctor and patient Medical attendant and patient Family member and enfeebled old person Example: Medical attendant and patient Ameer,  a man enfeebled by disease or age agrees with Asif, his medical attendant to pay asif a large sum of professional services. Analysis:  Presumption of p...

Ans: There is a relationship between father and son. In parental influence,  son gave Rs 200K to father and made a bond of Rs 500K in undue influence of father. It will be considered undue influence.

Ans: A contract is said to be influenced by " undue influence" where : The relations subsisting between the parties are such that one of the parties is in the position to dominate the will of the other and uses that position to obtain an unfair advantage over the other.

 Ans:  Section 16 of Indian Contract Act mentions Undue influence’ defined.— (1) A contract is said to be induced by ‘undue influence’ where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. 1[16. ‘Undue influence’ defined.—(1) A contract is said to be induced by ‘undue influence’ where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other." (2) In particular and without prejudice to the generality of the foregoing principle, a person is deemed to be in a position to dominate the will of another— (a) where he holds a real or apparent authority over the other, or where he stands in a fiduciary relation to the other; or (b) where he makes a contract with a person whose mental capacity is tempo...

Ans:  As per Sec. 15 of The Sale of Goods Act', 1930, where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description. Generally, when goods are sold, the buyer must exercise reasonable care and caution, regarding the defects, quantity, quality etc. If the defects are patent and are easy to discover, the seller cannot be held liable. However, if the defects are latent and not easy to discover, the seller is held liable. Sec. 16 of the Sale of Goods Act confirms this by providing exceptions to the rule: Sec. 16 (2) states that the goods should be merchantable quality. Where goods are bought by description from a seller who deals in goods of that description (whether he is the manufacturer or producer or not), then there is an implied condition to "Y" that the goods shall be of merchantable quality. In the problem given, Y has bought the harvest machine from X when the latter described it as ...

Ans: An injunction is a specific order of the court forbidding the commission of a wrong threatened or the continuance of a wrongful course of action already begun, or in some cases, when it is called mandatory injunction commanding active restitution of the former state of things. Barney's Encyclopaedia of the law of England.-It is defined as a judicial process by which one, who has invaded or is threatening to invade the rights (Legal or equitable) of another, is restrained from continuing or commencing such wrongful act.

Ans: An order is basically the same as the law of a particular operation but of the opposite Contract. An order is a court order that prohibits a person from committing an act.So the court may issue an injunction suspending the Contractor from doing something he has promised not to do. In a restraining order, the court suspends the action and by order, will suspend the continuation of the illegal act.

Ans: Section 73 states- “When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it. Such compensation is not to be given for any remote and indirect loss or damage sustained because of the breach.”

Ans: Compensation for loss or damage caused by breach of contract. When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it. Such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach. Compensation for failure to discharge obligation resembling those created by contract.When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the party in default, as if such person had contracted to discharge it and had broken his contract.

Ans: Section 75:  Party rightfully rescinding contract, entitled to compensation. Another important section is Section 75, which states that if a party rightfully rescinds a contract, it may claim compensation for any loss or damage caused by non-performance.

Ans: You are not required to be a member of the Association in order to commence arbitration. The parties must however have contracted into Arbitration Rules 125 or 126 so that in the event of a dispute, the matter is referred to Gafta. There is a charge of £1,700 for all non-member parties on issuance of each Gafta award. 

Ans: Yes. You are not required to be a member of the Association in order to commence arbitration. The parties must however have contracted into Arbitration Rules 125 or 126 so that in the event of a dispute, the matter is referred to Gafta. There is a charge of £1,700 for all non-member parties on issuance of each Gafta award.

Ans: Grain and Feed Trade Association.

Ans: Gafta promotes free trade in agricultural commodities and works with international governments to promote the reduction of tariffs and the removal of non-tariff barriers to trade, as well as a science and evidence-based approach to international trade policy and regulatory decision making.

Ans: Under Gafta 125 Rules, where the Respondents have failed to appoint their arbitrator within the 9-day time limit, the Claimants can apply to Gafta to appoint an arbitrator on behalf of the Respondents.

Ans: Under the Indian Companies Act, a “Foreign Company” refers to any company or body corporate incorporated outside India having a place of business in India and conducts business activities in any manner. However, companies registered under the Indian Companies Act shall not be fall under the ambit of foreign companies. The article delves into the provisions of Sections 379 to 393 of the Companies Act, 2013, which specifically deal with foreign companies.

Ans: The title of the suit contains the reasons for approaching the court and the jurisdiction before which the plaint Is initiated. This is the body of the plaint wherein the plaintiff describes his/ her concerns in an elaborative manner. This is divided into short paragraphs, with each paragraph containing one fact each.