Supreme Court Upholds Resumption of Allotted Booth Due to Payment Default: Rajiv Vohra vs. State of Haryana (2019) LEGAL ISSUE: Whether a government authority can resume an allotted property due to non-payment of dues by the allottee. CASE TYPE: Civil Case Name: Rajiv Vohra vs. The State of Haryana and Ors. Judgment Date: 21 February […]
Supreme Court Upholds Enforcement of Foreign Arbitral Awards in LMJ International Ltd. vs. Sleepwell Industries Co. Ltd. (2019) LEGAL ISSUE: Enforceability of foreign arbitral awards. CASE TYPE: Arbitration Case Name: LMJ International Ltd. vs. Sleepwell Industries Co. Ltd. Judgment Date: 20 February 2019 Introduction Date of the Judgment: 20 February 2019 Citation: (2019) INSC 147
Supreme Court extends interest on delayed flat possession: R V Prasannakumar vs. Mantri Castles (2019) LEGAL ISSUE: Whether the liability of a developer to pay interest for delayed possession of a flat should be limited to a specific date or should continue until actual possession is offered. CASE TYPE: Consumer Law. Case Name: R V
Supreme Court Orders Additional Compensation in LIC Policy Dispute Date of the Judgment: January 4, 2019 Citation: (2019) INSC 1 Judges: Hon’ble Dr. Justice D.Y. Chandrachud and Hon’ble Mr. Justice Hemant Gupta. This was a two-judge bench. Can an insurance company withhold a policy and a customer’s money after accepting a proposal and premium? The
Supreme Court clarifies appointment of substitute arbitrator under Section 15(2) of the Arbitration Act in Government of Haryana vs. G.F. Toll Road Pvt. Ltd. (2019) Date of the Judgment: January 3, 2019 Citation: (2019) INSC 3 Judges: Justice Abhay Manohar Sapre and Justice Indu Malhotra Can an arbitral institution appoint a substitute arbitrator when one
Supreme Court Upholds University’s Right to Evict Retired Employees from Housing: Ranchi University vs. Jharkhand State Housing Board (2018) LEGAL ISSUE: Whether retired employees of a university can claim a right to continue occupying university-allotted housing after their retirement, based on a cancelled allotment and subsequent payment to the housing board. CASE TYPE: Civil Law
Supreme Court Clarifies Specific Performance of Development Agreements: Sushil Kumar Agarwal vs. Meenakshi Sadhu (2018) LEGAL ISSUE: Whether a developer can seek specific performance of a development agreement against the property owner under Section 14(3)(c) of the Specific Relief Act, 1963. CASE TYPE: Contract Law, Real Estate, Specific Performance Case Name: Sushil Kumar Agarwal vs.
Supreme Court Upholds Readiness and Willingness Requirement in Specific Performance Suit Date of the Judgment: 13 September 2018 Citation: (2018) INSC 763 Judges: Madan B. Lokur, J., Deepak Gupta, J. Can a party seeking specific performance of a contract succeed if they fail to demonstrate continuous readiness and willingness to fulfill their obligations? The Supreme
Supreme Court Clarifies Arbitration Clause Requirements in Share Sale Agreement: Shyam Sunder Agarwal vs. P. Narotham Rao (2018) LEGAL ISSUE: Whether a clause in a Memorandum of Understanding (MoU) constitutes a valid arbitration agreement. CASE TYPE: Arbitration Law Case Name: Shyam Sunder Agarwal vs. P. Narotham Rao and Ors. Judgment Date: July 23, 2018 Date
Supreme Court clarifies interest on arbitration awards under the 1940 Act: Reliance Cellulose vs. ONGC (2018) LEGAL ISSUE: Whether an arbitrator can award pre-reference and pendente lite interest under the Arbitration Act, 1940, when the contract contains a clause barring interest on delayed payments. CASE TYPE: Arbitration Case Name: Reliance Cellulose Products Ltd. vs. Oil
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
