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1 - 10 of 12 (3.38 seconds)The Arbitration Act, 1940
Jackie Kukubhai Shroff vs Ratnam Sudesh Iyer on 19 May, 2020
That Petitioner's reliance on
judgment of this Court in Jackie Kakubhai Shroff (supra) is misplaced
as the ample evidence is available on record and analized by the
Arbitral Tribunal for upholding the claim of Respondent in respect of
bank guarantee. That even otherwise, if the bank guarantee is
wrongfully invoked on the pretext of breach of contractual obligations
and if Arbitral Tribunal has arrived at the conclusion that there is no
breach of contract by Respondent, sanction of claim relating to bank
guarantee would be in the nature of restitution and not by way of
liquidated damages. That in such circumstances there is no
requirement of proof of cause of loss to the Respondent. Mr. Trivedi
would accordingly pray for dismissal of the Arbitration Petition.
Municipal Corporation Of Greater ... vs The B.E.S.T. Workers' Union on 12 January, 1973
28. It is well-settled position of law that a judgment is an authority
for what it decides and not what can be logically deducible therefrom.
Reference in this regard to the judgment of this Court in Municipal
Corporation of Greater Mumbai and Ors. vs. The B.E.S.T. Workers
Union4 would be apposite. Paragraphs 19, 20, and 21 of the judgment
read as under:
Commnr. Of Customs (Port), Chennai vs M/S Toyota Kirloskar Motor Pvt. Ltd on 17 May, 2007
Section 34 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Goan Real Estate & Constrn.Ld.& Anr vs Union Of India Tr.Sec.Min.Of Env.& Ors on 31 March, 2010
In Goan Real Estate & Construction Ltd. v. Union of India ((2010) 5
SCC 388) , the Apex Court has held that a judgment must be construed
having regard to the text and context in which the same is passed and that
the judgment is required to be read in its entirety without reading it as a
statute. It is held thus:
The Companies Act, 2013
Kisan Sahakari Chini Mills Ltd. vs Richardson And Cruddas (1972) Ltd. And ... on 2 September, 1996
15. So far as reliance by Petitioner on judgment of this Court in
Kisan Sahakari Chini Mills Ltd. (supra) is concerned, Mr. Trivedi
would submit that the ratio of the said judgment was only with regard
to injunctive relief. This Court has decided only the issue of injuncting
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the parties from invocation of bank guarantee in absence of cause of
any loss. That the judgment cannot be cited in the present case where
the facts are clearly distinguishable.
Secunderabad Club vs Assistant Commissioner Of Income-Tax on 5 March, 2002
21. In the context of understanding a judgment, it is well settled that
the words used in a judgment are not to be interpreted as those of a
statute. This is because the words used in a judgment should be
rendered and understood contextually and are not intended to be
taken literally. Further, a decision is not an authority for what can be
read into it by implication or by assigning an assumed intention of
the judges and inferring from it a proposition of law which the
judges have not specifically or expressly laid down in the
pronouncement. In other words, the decision is an authority for
what it specifically decides and not what can logically be deduced
therefrom.