Breach of contract

Supreme Court Upholds Resumption of Industrial Plot Due to Non-Compliance: Aman Semi-Conductors vs. HSIDC (27 February 2023)

/ Breach of contract, Contract Law, Contract Law with Clause 6, Dipankar Datta, Judges, S. Ravindra Bhat, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 11, Transfer of Property Act, 1882 with Section 31

Supreme Court Upholds Resumption of Industrial Plot Due to Non-Compliance: Aman Semi-Conductors vs. HSIDC (2023) LEGAL ISSUE: Whether the Haryana State Industrial Development Corporation (HSIDC) was justified in resuming an industrial plot due to the allottee’s failure to commence construction and production within the stipulated time, despite alleged lack of infrastructural facilities. CASE TYPE: Consumer […]

Supreme Court Upholds Resumption of Industrial Plot Due to Non-Compliance: Aman Semi-Conductors vs. HSIDC (27 February 2023) Read Post »

Supreme Court holds Insurance Company liable despite Postponement Letter: Gokal Chand vs. Axis Bank (2022)

/ Breach of contract, Consumer Law, Contract Law, Deficiency in Service, Hrishikesh Roy, Judges, K.M. Joseph

Supreme Court Holds Insurance Company Liable Despite Postponement Letter: Gokal Chand vs. Axis Bank (2022) LEGAL ISSUE: Whether an insurance company can deny a claim by issuing a backdated letter postponing the insurance policy after the insured’s death, despite having received the premium and conducted a medical test with normal results. CASE TYPE: Consumer Case

Supreme Court holds Insurance Company liable despite Postponement Letter: Gokal Chand vs. Axis Bank (2022) Read Post »

Supreme Court orders fresh trial on readiness and willingness in specific performance suit: V.S. Ramakrishnan vs. P.M. Muhammed Ali (2022) INSC 981 (09 November 2022)

/ Agreement to Sell, Breach of contract, Contract Law, Contract Law with Consideration, Judges, M.M. Sundresh, M.R. Shah, Specific Performance, Specific Relief Act, Specific Relief Act with Section 16

Supreme Court Orders Fresh Trial on Readiness and Willingness in Specific Performance Suit Date of the Judgment: 09 November 2022 Citation: (2022) INSC 981 Judges: M.R. Shah, J. and M.M. Sundresh, J. In a case concerning a dispute over a property sale agreement, the Supreme Court of India addressed whether a lower court can dismiss

Supreme Court orders fresh trial on readiness and willingness in specific performance suit: V.S. Ramakrishnan vs. P.M. Muhammed Ali (2022) INSC 981 (09 November 2022) Read Post »

Supreme Court Upholds Specific Performance of Contract Despite Delay: P. Daivasigamani vs. S. Sambandan (2022)

/ Bela M. Trivedi, Breach of contract, Contract Law, Judges, Sanjiv Khanna, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16, Specific Relief Act, 1963 with Section 20

Supreme Court Upholds Specific Performance of Contract Despite Delay: P. Daivasigamani vs. S. Sambandan (2022) LEGAL ISSUE: Whether a suit for specific performance of a contract for the sale of immovable property can be decreed when there has been a delay in filing the suit, and whether the plaintiff has sufficiently demonstrated readiness and willingness

Supreme Court Upholds Specific Performance of Contract Despite Delay: P. Daivasigamani vs. S. Sambandan (2022) Read Post »

Supreme Court Increases Interest on Refund in Consumer Dispute: Ashoka Investment Co. vs. United Towers India (2022)

/ Aniruddha Bose, Breach of contract, Consumer Dispute, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(d)(i), Consumer Protection Act, 1986 with Section 23, Contract Law, Contract Law with Interest Clause, Judges, Vikram Nath

Supreme Court Increases Interest on Refund in Consumer Dispute: Ashoka Investment Co. vs. United Towers India (2022) LEGAL ISSUE: Whether the interest rate awarded by the National Consumer Disputes Redressal Commission (NCDRC) was appropriate in a case of delayed possession of property and subsequent cancellation of allotment. CASE TYPE: Consumer Dispute Case Name: M/s. Ashoka

Supreme Court Increases Interest on Refund in Consumer Dispute: Ashoka Investment Co. vs. United Towers India (2022) Read Post »

Supreme Court Upholds Consumer Complaint Dismissal: Sudha & Ors. vs. Jaiprakash Associates Limited (2022)

/ Abhay S. Oka, Allotment Letter, Breach of contract, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(f), Consumer Protection Act, 1986 with Section 2(g), Contract Law, Deficiency in Service, Judges, Surya Kant, Terms and Conditions

Supreme Court Upholds Consumer Complaint Dismissal: Sudha & Ors. vs. Jaiprakash Associates Limited (2022) LEGAL ISSUE: Whether a consumer can claim a refund for a delayed property possession before the expiry of the grace period as per the agreement. CASE TYPE: Consumer Case Name: Sudha & Ors. vs. Jaiprakash Associates Limited Judgment Date: 16 September

Supreme Court Upholds Consumer Complaint Dismissal: Sudha & Ors. vs. Jaiprakash Associates Limited (2022) Read Post »

Supreme Court clarifies the scope of ‘Notified Claims’ in Arbitration: Indian Oil Corporation Ltd. vs. NCC Ltd. (20 July 2022)

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, B.V. Nagarathna, Breach of contract, Contract Law, Interpretation of Contract, Judges, M.R. Shah

Supreme Court clarifies the scope of ‘Notified Claims’ in Arbitration: Indian Oil Corporation Ltd. vs. NCC Ltd. (2022) Date of the Judgment: 20 July 2022 Citation: (2022) INSC 614 Judges: M.R. Shah, J., B.V. Nagarathna, J. Can a dispute regarding whether a claim qualifies as a ‘Notified Claim’ under a contract be decided by an

Supreme Court clarifies the scope of ‘Notified Claims’ in Arbitration: Indian Oil Corporation Ltd. vs. NCC Ltd. (20 July 2022) Read Post »

Supreme Court Allows Counterclaim in Arbitration Despite Contractual Dispute Resolution Clause: National Highway Authority of India vs. Transstroy (India) Limited (2022) INSC 603 (11 July 2022)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 23, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Breach of contract, Contract Law, Contractual Dispute Resolution Clause, Judges, M.R. Shah, Sanjiv Khanna

Supreme Court Allows Counterclaim in Arbitration Despite Contractual Dispute Resolution Clause Date of the Judgment: 11 July 2022 Citation: (2022) INSC 603 Judges: M.R. Shah, J. and Sanjiv Khanna, J. Can a party be barred from filing a counterclaim in arbitration if they haven’t followed a pre-arbitration conciliation process, even if the main dispute is

Supreme Court Allows Counterclaim in Arbitration Despite Contractual Dispute Resolution Clause: National Highway Authority of India vs. Transstroy (India) Limited (2022) INSC 603 (11 July 2022) Read Post »

Supreme Court clarifies maintenance charges and delay compensation in real estate: Utpal Trehan vs DLF Home Developers Ltd. (11 July 2022)

/ Aniruddha Bose, Apartment Buyers’ Agreement, Breach of contract, Consumer Law, Consumer Law with Delhi State Consumer Disputes Redressal Commission, Consumer Law with National Consumer Disputes Redressal Commission, Consumer Protection Act, Contract Law, Contract Law with Clause 19, Delay Compensation, Dinesh Maheshwari, Judges, Maintenance Charges, Real Estate Law, Real Estate Regulation

Supreme Court on Maintenance Charges and Delay Compensation in Real Estate: Utpal Trehan vs DLF Home Developers Ltd. (2022) LEGAL ISSUE: Whether a builder can collect maintenance charges from a flat buyer before handing over possession and the extent of delay compensation. CASE TYPE: Consumer Law/Real Estate. Case Name: Utpal Trehan vs DLF Home Developers

Supreme Court clarifies maintenance charges and delay compensation in real estate: Utpal Trehan vs DLF Home Developers Ltd. (11 July 2022) Read Post »

Supreme Court Upholds High Court Decision on Coal Procurement Dispute: Karnataka Power Corporation Ltd. vs. EMTA Coal Limited & Anr. (20 May 2022)

/ Audit and Accounting, Breach of contract, CAG Report, Constitutional Law, Constitutional Law with Article 136, Contract Law, Contracts Law: Contractual Disputes, Contractual Disputes, Hima Kohli, Judges, Krishna Murari, N.V. Ramana, Writ Jurisdiction

Supreme Court Upholds High Court Decision on Coal Procurement Dispute Date of the Judgment: 20 May 2022 Citation: Civil Appeal Nos. 5401-5404 of 2017 Judges: N.V. Ramana, CJI, Krishna Murari, J., Hima Kohli, J. Can a state-owned power corporation demand reimbursement from a coal supplier based on an audit report it initially contested? The Supreme

Supreme Court Upholds High Court Decision on Coal Procurement Dispute: Karnataka Power Corporation Ltd. vs. EMTA Coal Limited & Anr. (20 May 2022) Read Post »

Supreme Court Allows Relief to Allottee Despite Payment Delays in Housing Scheme: Anjana Saraiya vs. State of U.P. (2022)

/ B.V. Nagarathna, Breach of contract, Contract Law, Contract Law with Allotment Scheme, Equity Law, Judges, M. R. Shah, Principles of Fairness

Supreme Court Allows Relief to Allottee Despite Payment Delays in Housing Scheme: Anjana Saraiya vs. State of U.P. (2022) LEGAL ISSUE: Whether an allottee of a residential plot under a government scheme can have their allotment restored after delays in payment, if they subsequently pay the full amount with interest and are willing to pay

Supreme Court Allows Relief to Allottee Despite Payment Delays in Housing Scheme: Anjana Saraiya vs. State of U.P. (2022) Read Post »

Supreme Court Quashes Termination of Mining Lease Due to Lack of Evidence: Haryana Mining Company vs. State of Haryana (2022)

/ Administrative Law, B.R. Gavai, Breach of contract, Contract Law, Due Process, Illegal Mining, Judges, Judicial Review, L. Nageswara Rao, Lease Agreement, Mining Law, Mining Lease

Supreme Court Quashes Termination of Mining Lease Due to Lack of Evidence: Haryana Mining Company vs. State of Haryana (2022) LEGAL ISSUE: Whether the termination of a mining lease is justified without sufficient evidence of illegal mining activities by the leaseholder. CASE TYPE: Mining Law, Contract Law, Administrative Law Case Name: M/s Haryana Mining Company

Supreme Court Quashes Termination of Mining Lease Due to Lack of Evidence: Haryana Mining Company vs. State of Haryana (2022) Read Post »

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