Interpretation of Contracts

Supreme Court Interprets Exclusion Clause in Export Credit Insurance Policy: Export Credit Guarantee Corporation of India Ltd. vs. M.S. Creations (2019)

/ Constitutional Law, Constitutional Law with Article 142, Contract Law, Dhananjaya Y Chandrachud, Exclusion Clause, Export Credit Insurance, Hemant Gupta, Insurance Law, Interpretation of Contracts, Judges

Supreme Court Interprets Exclusion Clause in Export Credit Insurance Policy: Export Credit Guarantee Corporation of India Ltd. vs. M.S. Creations (2019) Date of the Judgment: March 13, 2019 Citation: CIVIL APPEAL NO.2987 OF 2019 (@SLP(C) No. 7781/2014) Judges: Dr. Dhananjaya Y Chandrachud, J. and Hemant Gupta, J. Can an export credit guarantee corporation deny a […]

Supreme Court Interprets Exclusion Clause in Export Credit Insurance Policy: Export Credit Guarantee Corporation of India Ltd. vs. M.S. Creations (2019) Read Post »

Supreme Court Upholds Restitution in Power Purchase Agreements: UHBVNL vs. Adani Power (2019)

/ Change in Law, Commercial Contracts, Contract Law, Electricity Law, Interpretation of Contracts, Judges, Navin Sinha, Power Purchase Agreement, R.F. Nariman

Supreme Court Upholds Restitution in Power Purchase Agreements: UHBVNL vs. Adani Power (2019) LEGAL ISSUE: Whether carrying costs should be included as part of restitution under a Power Purchase Agreement (PPA) when there is a change in law. CASE TYPE: Electricity Law, Contract Law Case Name: Uttar Haryana Bijli Vitran Nigam Ltd. & Anr. vs.

Supreme Court Upholds Restitution in Power Purchase Agreements: UHBVNL vs. Adani Power (2019) Read Post »

Supreme Court Upholds Arbitral Award: MMTC Ltd. vs. Vedanta Ltd. (2019)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Arbitration Law, Contract Law, Interpretation of Contracts, Judges, Mohan M. Shantanagoudar, Vineet Saran

Supreme Court Upholds Arbitral Award: MMTC Ltd. vs. Vedanta Ltd. (2019) Date of the Judgment: February 18, 2019 Citation: [Not Available in Source] Judges: Mohan M. Shantanagoudar, J., Vineet Saran, J. Can a party avoid an arbitration award by claiming the dispute was outside the scope of the original agreement? The Supreme Court of India,

Supreme Court Upholds Arbitral Award: MMTC Ltd. vs. Vedanta Ltd. (2019) Read Post »

Supreme Court Clarifies Scope of Dispute Resolution Clauses in Contracts: South Delhi Municipal Corporation vs. SMS AAMW Tollways Private Ltd (22 November 2018)

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration Law, Contract Law, Dispute Resolution Clauses, Interpretation of Contracts, Judges, L. Nageswara Rao, S.A. Bobde

Supreme Court Clarifies Scope of Dispute Resolution Clauses in Contracts: South Delhi Municipal Corporation vs. SMS AAMW Tollways Private Ltd (2018) LEGAL ISSUE: Whether a clause providing for an appeal to a higher authority within an organization constitutes an arbitration agreement. CASE TYPE: Arbitration Law Case Name: South Delhi Municipal Corporation vs. SMS AAMW Tollways

Supreme Court Clarifies Scope of Dispute Resolution Clauses in Contracts: South Delhi Municipal Corporation vs. SMS AAMW Tollways Private Ltd (22 November 2018) Read Post »

Supreme Court Clarifies Arbitration Clause in Insurance Policy Disputes: Oriental Insurance vs. Narbheram Power (2018)

/ A.M. Khanwilkar, Arbitration Clause, Arbitration Law, Clause 13, Insurance Policy, Contract Law, D.Y. Chandrachud, Dipak Misra, Insurance Law, Interpretation of Contracts, Judges, Repudiation of Claim, Section 11(6), Arbitration and Conciliation Act, 1996

Supreme Court Clarifies Arbitration Clause in Insurance Policy Disputes: Oriental Insurance vs. Narbheram Power (2018) LEGAL ISSUE: Interpretation of arbitration clauses in insurance policies, specifically when the insurer denies liability. CASE TYPE: Arbitration Law, Insurance Law Case Name: Oriental Insurance Company Limited vs. M/s Narbheram Power and Steel Pvt. Ltd. Judgment Date: May 02, 2018

Supreme Court Clarifies Arbitration Clause in Insurance Policy Disputes: Oriental Insurance vs. Narbheram Power (2018) Read Post »

Supreme Court Upholds Contractual Bar on Wage Escalation: Union of India vs. Varindera Constructions Ltd. (2018)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 5, Ashok Bhushan, Contract Law, Government Contracts, Interpretation of Contracts, Judges, R.K. Agrawal

Supreme Court Upholds Contractual Bar on Wage Escalation: Union of India vs. Varindera Constructions Ltd. (2018) LEGAL ISSUE: Whether a contractor can claim additional costs for increased labor wages due to statutory hikes, despite a contractual clause prohibiting such claims. CASE TYPE: Arbitration Law Case Name: Union of India vs. M/s. Varindera Constructions Ltd. [Judgment

Supreme Court Upholds Contractual Bar on Wage Escalation: Union of India vs. Varindera Constructions Ltd. (2018) Read Post »

Supreme Court clarifies price adjustment formula in highway contracts: National Highway Authority of India vs. M/S. ProgressiveMVR (JV) (23 February 2018)

/ A.K. Sikri, Arbitration, Arbitration and Conciliation Act, 1996, Arbitration with Section 34, Ashok Bhushan, Contract Law, Interpretation of Contracts, Judges, Price Adjustment Clause

Supreme Court Clarifies Price Adjustment Formula in Highway Contracts Date of the Judgment: 23 February 2018 Citation: Civil Appeal No. 458 of 2018 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can a contractual clause be interpreted in a way that leads to unrealistic price adjustments? The Supreme Court of India recently addressed this question in

Supreme Court clarifies price adjustment formula in highway contracts: National Highway Authority of India vs. M/S. ProgressiveMVR (JV) (23 February 2018) Read Post »

Supreme Court clarifies incorporation of arbitration clauses by reference in construction contracts: Elite Engineering vs. Techtrans Construction (23 February 2018)

/ A.K. Sikri, Arbitration Agreement, Arbitration Law, Arbitration Law with Section 7, Ashok Bhushan, Construction Contracts, Contract Law, Incorporation by reference, Interpretation of Contracts, Judges

Supreme Court clarifies incorporation of arbitration clauses by reference: Elite Engineering vs. Techtrans Construction (2018) LEGAL ISSUE: Whether an arbitration clause from a main contract can be incorporated into a sub-contract by reference. CASE TYPE: Arbitration Law Case Name: M/S. Elite Engineering and Construction (Hyd.) Private Limited vs. M/S. Techtrans Construction India Private Limited Judgment

Supreme Court clarifies incorporation of arbitration clauses by reference in construction contracts: Elite Engineering vs. Techtrans Construction (23 February 2018) Read Post »

Supreme Court settles definition of “fuel” in Power Purchase Agreement: Natural Gas Only, excludes RLNG (16 February 2018)

/ Contract Law, Contract Law with Power Purchase Agreement, Energy Law, Energy Law with Petroleum and Natural Gas Regulatory Board Act, 2006, Fuel Regulations, Intention of Parties, Interpretation of Contracts, Judges, Navin Sinha, Rohinton Fali Nariman

Supreme Court Clarifies “Fuel” in Power Purchase Agreement: Natural Gas vs. RLNG LEGAL ISSUE: Interpretation of the term “fuel” in a Power Purchase Agreement (PPA) to determine if it includes Regasified Liquefied Natural Gas (RLNG). CASE TYPE: Contract Law, Energy Law. Case Name: Transmission Corporation of Andhra Pradesh Ltd. and Others vs. M/s. GMR Vemagiri

Supreme Court settles definition of “fuel” in Power Purchase Agreement: Natural Gas Only, excludes RLNG (16 February 2018) Read Post »

Supreme Court Upholds Employee’s Right to Choose Employment Over Compensation in Compassionate Appointment Case

/ Compassionate Appointment, Contract Law, Interpretation of Contracts, Judges, Kurian Joseph, Mohan M. Shantanagoudar, Service Law, Service Law with Bipartite Agreement

Supreme Court Upholds Employee’s Right to Choose Employment Over Compensation in Compassionate Appointment Case LEGAL ISSUE: Whether a female dependent of a deceased employee has the right to choose employment over monetary compensation as per a bipartite agreement. CASE TYPE: Service Law/Compassionate Appointment Case Name: Smt. Subhadra vs. The Ministry of Coal and Anr. Judgment

Supreme Court Upholds Employee’s Right to Choose Employment Over Compensation in Compassionate Appointment Case Read Post »

Supreme Court clarifies coal cost calculation in Power Purchase Agreement: Nabha Power Ltd. vs. Punjab State Power Corporation Ltd. (2017)

/ Contract Law, Electricity Act, 2003, Electricity Act, 2003 with Section 63, Implied Terms, Interpretation of Contracts, Judges, Rohinton Fali Nariman, Sanjay Kishan Kaul, Tariff Determination

LEGAL ISSUE: Interpretation of a Power Purchase Agreement (PPA) concerning the calculation of energy charges, specifically regarding the cost of coal. CASE TYPE: Contractual Dispute/Electricity Law. Case Name: Nabha Power Limited (NPL) vs. Punjab State Power Corporation Limited (PSPCL) & Anr. Judgment Date: 05 October 2017 Date of the Judgment: 05 October 2017 Citation: 2017

Supreme Court clarifies coal cost calculation in Power Purchase Agreement: Nabha Power Ltd. vs. Punjab State Power Corporation Ltd. (2017) Read Post »

Supreme Court Upholds Rejection of Contractor Claims in Construction Dispute: National Building Construction vs. State of Maharashtra (2017)

/ A.M. Khanwilkar, Appeals, Breach of contract, Civil Procedure, Contract Law, Dipak Misra, Evidence, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 38, Interpretation of Contracts, Judges, Payment Disputes

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

Supreme Court Upholds Rejection of Contractor Claims in Construction Dispute: National Building Construction vs. State of Maharashtra (2017) Read Post »

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