Supreme Court Clarifies Deputation Requirements in Employment Contracts: Sarita Singh vs. Shree Infosoft (2022) LEGAL ISSUE: Whether an employee’s overseas visit constitutes a deputation requiring them to serve a minimum period upon return, and the consequences of failing to do so. CASE TYPE: Employment Contract Dispute Case Name: Ms Sarita Singh v. M/s Shree Infosoft […]
Supreme Court Upholds Forfeiture of Security Deposit in Tender Dispute: Pooja Ceratech vs. ONGC (2021) LEGAL ISSUE: Whether a security deposit can be forfeited when a bidder attempts to modify their bid after the tender submission deadline. CASE TYPE: Contract Law, Tender Process Case Name: Pooja Ceratech Private Limited vs. Oil and Natural Gas Corporation
Supreme Court Clarifies NCLT’s Jurisdiction in Contract Termination During CIRP: Tata Consultancy Services vs. SK Wheels (2021) LEGAL ISSUE: Scope of the National Company Law Tribunal’s (NCLT) residuary jurisdiction under Section 60(5)(c) of the Insolvency and Bankruptcy Code (IBC) to adjudicate contractual disputes during the Corporate Insolvency Resolution Process (CIRP). CASE TYPE: Insolvency Law, Contract
Supreme Court Clarifies Liquidated Damages and Time Essence in Contracts: Welspun vs. ONGC (2021) LEGAL ISSUE: Whether time was of the essence in the contract and the validity of imposing liquidated damages. CASE TYPE: Contract Law, Arbitration Case Name: Welspun Specialty Solutions Limited vs. Oil and Natural Gas Corporation Ltd. Judgment Date: 13 November 2021
Supreme Court Upholds Setting Aside of Arbitral Award in Business Dispute: Ratnam Sudesh Iyer vs. Jackie Kakubhai Shroff (2021) LEGAL ISSUE: Whether an arbitral award can be set aside for being in conflict with the fundamental policy of Indian law. CASE TYPE: Arbitration Case Name: Ratnam Sudesh Iyer vs. Jackie Kakubhai Shroff [Judgment Date]: November
Supreme Court Upholds Late Payment Surcharge Calculation in Power Purchase Agreements: Maharashtra State Electricity Distribution Company Limited vs. Maharashtra Electricity Regulatory Commission & Ors. (2021) INSC 648 (08 October 2021) LEGAL ISSUE: Whether changes in the interest rate system by the Reserve Bank of India (RBI) from the Prime Lending Rate (PLR) to the Base
Supreme Court clarifies conditions for lease agreement execution in Paulmech Infrastructure vs. State of Orissa (2021) LEGAL ISSUE: Whether a Letter of Intent (LOI) for a lease agreement can be terminated if the upfront payment is not made within the stipulated time, even if subsequent payments are accepted. CASE TYPE: Contract Law, Lease Agreement Dispute
Supreme Court Upholds Eviction of Unauthorized Occupants in New Delhi Market Date of the Judgment: 27 September 2021 Citation: (2021) INSC 648 Judges: Hemant Gupta, J., V. Ramasubramanian, J. Can a municipal council be bound by policies of the Union Government when managing properties transferred to it? The Supreme Court recently addressed this question in
Supreme Court Clarifies Arbitrability of Disputes Under Construction Management Agreements: DLF Home Developers vs. Rajapura Homes (2021) LEGAL ISSUE: Whether disputes arising from Construction Management Agreements can be referred to arbitration under the arbitration clause of the Construction Management Agreements, or whether they fall under the ambit of the Share Purchase Agreements. CASE TYPE: Arbitration
Supreme Court Upholds Arbitration Award in Delhi Metro Dispute: DAMEPL Wins Against DMRC (2021) LEGAL ISSUE: Interference with Arbitral Awards under Section 37 of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law Case Name: Delhi Airport Metro Express Pvt. Ltd. vs. Delhi Metro Rail Corporation Ltd. Judgment Date: September 09, 2021 Introduction Date
Supreme Court Upholds Foreign Award Against Non-Signatories Under Alter Ego Doctrine Date of the Judgment: 10 August 2021 Citation: (2021) INSC 482 Judges: R.F. Nariman, J and B.R. Gavai, J. The judgment was authored by R.F. Nariman, J. Can a foreign arbitral award be enforced against entities that were not direct signatories to the arbitration
Supreme Court Clarifies Contract Formation in Tender Cases: South Eastern Coalfields Ltd. vs. M/s. S. Kumar’s Associates (2021) LEGAL ISSUE: Whether a contract is formed when a Letter of Intent (LoI) is issued and some preliminary steps are taken, but the formal contract is not executed and the required security deposit and integrity pact are
