Supreme Court Upholds Arbitrator’s Power to Award Interest Pendente Lite: Raveechee and Co. vs. Union of India (2018) LEGAL ISSUE: Whether a clause in a contract barring interest on certain amounts also restricts an arbitrator’s power to award interest pendente lite. CASE TYPE: Arbitration Law. Case Name: M/s Raveechee and Co. vs. Union of India. […]
Supreme Court Clarifies Interconnected Agreements in Arbitration: Ameet Lalchand Shah vs. Rishabh Enterprises (2018) LEGAL ISSUE: Whether multiple agreements related to a single commercial project can be referred to arbitration even if not all agreements contain an arbitration clause. CASE TYPE: Arbitration Law Case Name: Ameet Lalchand Shah and Others vs. Rishabh Enterprises and Another
Supreme Court Reduces Compensation in Real Estate Dispute: Fortune Infrastructure vs. Trevor D’Lima (2018) LEGAL ISSUE: Determination of fair compensation for deficiency in service in a real estate contract breach. CASE TYPE: Consumer Case Name: M/s. Fortune Infrastructure (Now Known as M/s. Hicon Infrastructure) & Anr. vs. Trevor D’Lima & Ors. [Judgment Date]: 12 March
Supreme Court clarifies payment appropriation in contract dispute: Kerala State Electricity Board vs. Kurien E. Kalathil (2018) LEGAL ISSUE: Contractual payment appropriation and interest calculation CASE TYPE: Contract/Civil Case Name: Kerala State Electricity Board and Anr. vs. Kurien E. Kalathil and Anr. [Judgment Date]: 9 March 2018 Date of the Judgment: 9 March 2018 Citation:
Supreme Court Settles Insurance Contract Acceptance in Home Loan Case Date of the Judgment: 16 February 2018 Citation: (2018) INSC 121 Judges: N.V. Ramana, J. and S. Abdul Nazeer, J. Can an insurance company deny a claim after accepting the premium for a life insurance policy linked to a home loan, even if a medical
Supreme Court awards compensation in lieu of specific performance: Urmila Devi vs. Mandir Shree Chamunda Devi (2018) LEGAL ISSUE: Whether compensation can be awarded in lieu of specific performance of a contract when the subject matter of the contract is acquired by the government. CASE TYPE: Civil Case Name: Urmila Devi and Others vs. The
LEGAL ISSUE: Whether an arbitration award can be set aside due to fraud and violation of public policy. CASE TYPE: Arbitration Law Case Name: Venture Global Engineering LLC vs. Tech Mahindra Ltd & Anr. Judgment Date: November 1, 2017 Introduction Date of the Judgment: November 1, 2017 Citation: 2017 INSC 934 Judges: J. Chelameswar and
LEGAL ISSUE: Whether the Gujarat Electricity Regulatory Commission can extend the control period of a tariff order by using its inherent powers. CASE TYPE: Electricity Law, Contract Law, Regulatory Law Case Name: Gujarat Urja Vikas Nigam Limited vs. Solar Semiconductor Power Company (India) Private Limited and Others Judgment Date: 25 October 2017 Introduction Date of
Date of the Judgment: 25 October 2017 Citation: (2017) INSC 923 Judges: R.K. Agrawal, J. and Abhay Manohar Sapre, J. Can a government body forfeit a security deposit when the terms of the auction were not fully disclosed? The Supreme Court of India addressed this question in a case involving a public auction of land.
LEGAL ISSUE: Whether basic pay of employees can be reduced upon absorption into a new company, when the terms of absorption guaranteed protection of existing pay and emoluments. CASE TYPE: Service Law. Case Name: Eastern Coalfields Ltd. & Ors. vs. Prativa Biswas & Ors. Judgment Date: 11 October 2017 Introduction Date of the Judgment: 11
Date of the Judgment: October 3, 2017 Citation: (2017) INSC 849 Judges: J. Chelameswar, S. Abdul Nazeer Can an arbitrator award interest on delayed payments when the contract explicitly prohibits it? The Supreme Court of India addressed this crucial question in a case concerning a railway construction contract. The court clarified the extent of an
Can a contractor claim additional payments for work when there’s a discrepancy in government-prescribed rates? The Supreme Court of India recently addressed this question in a civil appeal concerning a construction contract. The court upheld the High Court’s decision, which had rejected certain claims made by a contractor for extra work. This case clarifies how
