construction of documents was well settled. The Court could
not rewrite contracts in the context of establishing what
the parties had meant by the language ... that case is not a
licence for the Courts to rewrite contracts." However, in this
case the appellants have not been able to demonstrate
construction of
documents was well settled. The Court could not rewrite contracts in
the context of establishing what the parties had meant by the
language ... that case is not
a licence for the Courts to rewrite contracts."
In Union of India v. Ibrahim Uddin reported
original contract of employment but will try to find out and secure justice and fairness, and accordingly, go beyond the contract or rewrite the contract
circular dated 09.01.2014 since the Circular has not held
the existing contracts to be void but it merely requires compliance with the
conditions specified therein ... resolved by an arbitrator
and Court does not need to rewrite contract or do something that is not
contemplated by parties
considered to be the freedom of parties privity to the contract. Contract is treated as sacrosanct. It would be reasonable to assume that parties ... basic principle of freedom to enter into contract and sancitity attached to the contract with right to rewrite the contract and read into the terms
reward defaulting policy holders. Moreover, the courts
and Tribunals cannot rewrite contracts and direct payment
contrary to the terms of the contract, that
Sindhu ; in which it was held that courts and tribunals cannot rewrite contract and direct payment contrary to the terms & conditions of the contract ... terms & conditions of the contract and this Commission cannot rewrite contract and direct payment contrary to the terms of the contract.
Learned Counsel
period of transportation on his own because
a court/arbitrator cannot rewrite a contract. The second contention of Mr. Alag
was that the liquidated damages ... under:
"Partial invalidity in contract will not ipso facto make the whole contract void
or unenforceable. Wherever a contract contains legal as well
rare cases to prevent manifest injustice. True, the Court would not rewrite a contract between the parties but the Court would relieve against a forfeiture ... rare cases to prevent manifest injustice. True, the Court would not rewrite a contract between the parties but the Court would relieve against a forfeiture
Periyakkal case it was observed that "The Court would not rewrite contract between the parties....." When there is a term in the agreement
