Breach of contract Archives

Supreme Court Clarifies NCLT’s Jurisdiction in Contract Termination During CIRP: Tata Consultancy Services vs. SK Wheels (2021)

November 23, 2021 / A S Bopanna, Breach of contract, Contract Law, Contract Law with Determinable Contract, Corporate Insolvency Resolution Process, Dhananjaya Y Chandrachud, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238, Insolvency and Bankruptcy Code, 2016 with Section 60(5)(c), Judges, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 14

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 NCLT’s Jurisdiction in Contract Termination During CIRP: Tata Consultancy Services vs. SK Wheels (2021) Read Post »

Supreme Court Clarifies Liquidated Damages and Time Essence in Contracts: Welspun vs. ONGC (2021)

November 13, 2021 / Arbitral Award, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Breach of contract, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 55, Indian Contract Act, 1872 with Section 74, Judges, N.V. Ramana, Surya Kant

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 Clarifies Liquidated Damages and Time Essence in Contracts: Welspun vs. ONGC (2021) Read Post »

Supreme Court Upholds Setting Aside of Arbitral Award in Business Dispute: Ratnam Sudesh Iyer vs. Jackie Kakubhai Shroff (2021)

November 10, 2021 / Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 2(1)(f), Arbitration and Conciliation Act, 1996 with Section 34, Breach of contract, Contract Law, Deed of Settlement, International Commercial Arbitration, Judges, M.M. Sundresh, Sanjay Kishan Kaul

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 Setting Aside of Arbitral Award in Business Dispute: Ratnam Sudesh Iyer vs. Jackie Kakubhai Shroff (2021) Read Post »

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)

October 8, 2021 / Breach of contract, Contract Law, Contract Law with 'Change in Law' Clause, Contract Law with Power Purchase Agreements (PPAs), Electricity Act, 2003, Electricity Law, Electricity Law with Late Payment Surcharge (LPS), Indira Banerjee, Judges, Regulatory Commissions, V. Ramasubramanian

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)

October 4, 2021 / A.S. Bopanna, Breach of contract, Constitutional Law, Constitutional Law with Article 226, Contract Law, Contract Law with Letter of Intent, Judges, Lease Agreements, M.R. Shah, Writ Jurisdiction

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 clarifies conditions for lease agreement execution in Paulmech Infrastructure vs. State of Orissa (2021) Read Post »

Supreme Court Upholds Eviction of Unauthorized Occupants in New Delhi Market: New Delhi Municipal Council vs. Ganga Devi & Anr. (2021) INSC 648 (27 September 2021)

September 27, 2021 / Breach of contract, Contract Law, Eviction, Hemant Gupta, Judges, Property Law, Transfer of Property, V. Ramasubramanian

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 Upholds Eviction of Unauthorized Occupants in New Delhi Market: New Delhi Municipal Council vs. Ganga Devi & Anr. (2021) INSC 648 (27 September 2021) Read Post »

Supreme Court clarifies arbitrability of disputes under Construction Management Agreements: DLF Home Developers vs. Rajapura Homes (22 September 2021)

September 22, 2021 / Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Breach of contract, Construction Management Agreement, Contract Law, International Commercial Arbitration, Judges, Kompetenz Kompetenz, N.V. Ramana, Share Purchase Agreement, Surya Kant

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 clarifies arbitrability of disputes under Construction Management Agreements: DLF Home Developers vs. Rajapura Homes (22 September 2021) Read Post »

Supreme Court Upholds Arbitration Award in Delhi Metro Dispute: DAMEPL Wins Against DMRC (2021)

September 9, 2021 / Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Breach of contract, Concession Agreement, Contract Law, Judges, L. Nageswara Rao, S. Ravindra Bhat

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 Arbitration Award in Delhi Metro Dispute: DAMEPL Wins Against DMRC (2021) Read Post »

Supreme Court Upholds Foreign Award Against Non-Signatories Under Alter Ego Doctrine: Gemini Bay Transcription Pvt. Ltd. vs. Integrated Sales Service Ltd. (2021) INSC 482 (10 August 2021)

August 10, 2021 / Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 44, Arbitration and Conciliation Act, 1996 with Section 48, B.R. Gavai, Breach of contract, Contract Law, Contract Law with Alter Ego Doctrine, Enforcement of Foreign Awards, Judges, R.F. Nariman

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 Upholds Foreign Award Against Non-Signatories Under Alter Ego Doctrine: Gemini Bay Transcription Pvt. Ltd. vs. Integrated Sales Service Ltd. (2021) INSC 482 (10 August 2021) Read Post »

Supreme Court Clarifies Contract Formation in Tender Cases: South Eastern Coalfields Ltd. vs. M/s. S. Kumar’s Associates (2021)

July 23, 2021 / Breach of contract, Contract Law, Formation of Contract, Hemant Gupta, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 7, Judges, Letter of Intent, Sanjay Kishan Kaul

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

Supreme Court Clarifies Contract Formation in Tender Cases: South Eastern Coalfields Ltd. vs. M/s. S. Kumar’s Associates (2021) Read Post »

Supreme Court clarifies Electricity Load Reduction Rules: Jharkhand State Electricity Board vs. Ramkrishna Forging Ltd. (30 April 2021)

April 30, 2021 / Breach of contract, Contract Law, Contract Law with Supplementary Agreements, Electricity Act, 2003, Electricity Act, 2003 with Section 181, Electricity Act, 2003 with Section 50, Judges, L. Nageswara Rao, Vineet Saran

Supreme Court on Electricity Load Reduction: Jharkhand State Electricity Board vs. Ramkrishna Forging Ltd. (2021) LEGAL ISSUE: Whether subsequent agreements for enhanced electricity load extend the initial agreement period for the purpose of load reduction requests. CASE TYPE: Electricity Law, Contract Law Case Name: Jharkhand State Electricity Board and Others vs. M/s Ramkrishna Forging Limited

Supreme Court clarifies Electricity Load Reduction Rules: Jharkhand State Electricity Board vs. Ramkrishna Forging Ltd. (30 April 2021) Read Post »

Supreme Court Orders Refund with Interest in Unitech Land Dispute: Unitech vs. TSIIC (2021)

February 17, 2021 / Breach of contract, Constitutional Law, Constitutional Law with Article 226, Contract Act, Contract Act with Section 74, Dhananjaya Y Chandrachud, Fundamental Rights, Judges, MR Shah

Supreme Court Orders Refund with Interest in Unitech Land Dispute: Unitech vs. TSIIC (2021) LEGAL ISSUE: Whether a state entity is liable to refund payments with interest when a land development agreement fails due to lack of clear title. CASE TYPE: Contractual Dispute/Public Law Remedy Case Name: UNITECH Limited & Ors. vs. Telangana State Industrial

Supreme Court Orders Refund with Interest in Unitech Land Dispute: Unitech vs. TSIIC (2021) Read Post »