Contract Law

Supreme Court Upholds Challenge to GAIL’s Transportation Charges: GAIL vs. IPCL (2023)

/ Abhay S. Oka, Constitutional Law, Constitutional Law with Article 14, Contract Law, Contract Law with Clause 4.04, Fundamental Rights, Judges, Public Sector Undertakings, Sanjay Kishan Kaul, Unequal Bargaining Power

Supreme Court Upholds Challenge to GAIL’s Transportation Charges: GAIL vs. IPCL (2023) LEGAL ISSUE: Whether a Public Sector Undertaking can levy transportation charges on another entity when that entity is mandated to use its own infrastructure for gas transportation. CASE TYPE: Contract Law, Writ Jurisdiction Case Name: M/S. GAIL (INDIA) LIMITED vs. M/S. INDIAN PETROCHEMICALS […]

Supreme Court Upholds Challenge to GAIL’s Transportation Charges: GAIL vs. IPCL (2023) Read Post »

Supreme Court Restores Specific Performance Decree in Land Sale Dispute: Basavaraj vs. Padmavathi (2023) INSC 17

/ B.V. Nagarathna, Contract Law, Judges, M. R. Shah, Readiness and Willingness, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 Section 16(c)

Supreme Court Restores Specific Performance Decree in Land Sale Dispute Date of the Judgment: 05 January 2023 Citation: (2023) INSC 17 Judges: M. R. Shah, J. and B.V. Nagarathna, J. Can a High Court overturn a Trial Court’s decision on the readiness and willingness of a buyer to purchase a property, especially when the buyer

Supreme Court Restores Specific Performance Decree in Land Sale Dispute: Basavaraj vs. Padmavathi (2023) INSC 17 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 Clarifies Liability for Pre-Sale Dues in Sugar Mill Acquisition: Wave Industries vs. State of UP (2022)

/ Business Acquisitions, Contract Law, Contract Law with Clause 2.1, Hrishikesh Roy, Judges, K.M. Joseph, Slump Sale Agreement, Tax Law, Tax Liability

Supreme Court Clarifies Liability for Pre-Sale Dues in Sugar Mill Acquisition: Wave Industries vs. State of UP (2022) LEGAL ISSUE: Determining liability for outstanding dues of a sugar mill prior to its sale. CASE TYPE: Civil (Contract Law, Tax Law). Case Name: Wave Industries Pvt. Ltd. vs. State of U.P. & Ors. [Judgment Date]: 15

Supreme Court Clarifies Liability for Pre-Sale Dues in Sugar Mill Acquisition: Wave Industries vs. State of UP (2022) Read Post »

Supreme Court Clarifies Scope of “Charges” in FCI Contracts: Food Corporation of India vs. Abhijit Paul (2022)

/ A.S. Bopanna, Contract Law, Government Contracts, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 73, Interpretation of Contracts, Judges, Pamidighantam Sri Narasimha

Supreme Court Clarifies Scope of “Charges” in FCI Contracts: Food Corporation of India vs. Abhijit Paul (2022) LEGAL ISSUE: Interpretation of contractual terms, specifically the meaning of “charges” in the context of liability for demurrages. CASE TYPE: Contract Law, specifically concerning government contracts. Case Name: Food Corporation of India & Ors. vs. Abhijit Paul [Judgment

Supreme Court Clarifies Scope of “Charges” in FCI Contracts: Food Corporation of India vs. Abhijit Paul (2022) Read Post »

Supreme Court Upholds Contractor’s Right to Escalation: State of Madhya Pradesh vs. M/S Sew Construction Limited (2022)

/ A.S. Bopanna, Arbitration, Contract Interpretation, Contract Law, Escalation Clause, Judges, Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 with Section 19, Pamidighantam Sri Narasimha

Supreme Court Upholds Contractor’s Right to Escalation: State of Madhya Pradesh vs. M/S Sew Construction Limited (2022) LEGAL ISSUE: Whether a contractor is entitled to claim escalation costs when an alternative quarry is provided due to depletion of the original quarry, despite a clause in the contract stating that quoted rates are inclusive of all

Supreme Court Upholds Contractor’s Right to Escalation: State of Madhya Pradesh vs. M/S Sew Construction Limited (2022) Read Post »

Supreme Court Upholds High Court Decision on Power Purchase Agreement Termination: M.P. Power Management vs. Sky Power (2022)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 298, Constitutional Law with Article 299, Contract Law, Contract Law with Article 2.1 of the PPA, Contract Law with Article 9.1 of the PPA, Electricity Act, 2003, Electricity Act, 2003 with Section 63, Hrishikesh Roy, Judges, K.M. Joseph, Power Purchase Agreements

Supreme Court Upholds High Court Decision on Power Purchase Agreement Termination: M.P. Power Management vs. Sky Power (2022) LEGAL ISSUE: Whether a Power Purchase Agreement (PPA) termination by a state-owned company was valid, considering contractual obligations and principles of fairness. CASE TYPE: Contract Law, specifically concerning Power Purchase Agreements and judicial review of state actions.

Supreme Court Upholds High Court Decision on Power Purchase Agreement Termination: M.P. Power Management vs. Sky Power (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 Recalls Order on Interest Rates for Noida and Greater Noida Builders: Bikram Chatterji vs. Union of India (2022)

/ Ajay Rastogi, Contract Law, Contract Law with Jagdish Mandal vs. State of Orissa, Judges, Judicial Review of Contracts, Noida and Greater Noida Authorities, Prevention of Money Laundering Act, 2002, Prevention of Money Laundering Act, 2002 with Section 5(1), Real Estate Law, Sanctity of Contracts, Uday Umesh Lalit

Supreme Court Recalls Order on Interest Rates for Noida and Greater Noida Builders: Bikram Chatterji vs. Union of India (2022) LEGAL ISSUE: Whether the Supreme Court can modify contractual interest rates between development authorities and builders. CASE TYPE: Real Estate/Civil Case Name: Bikram Chatterji & Ors. vs. Union of India & Ors. [Judgment Date]: November

Supreme Court Recalls Order on Interest Rates for Noida and Greater Noida Builders: Bikram Chatterji vs. Union of India (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 Airport Authority’s Tender Conditions in Ground Handling Services Case (30 September 2022)

/ Airport Authority of India Act, 1994 with Section 12(5), Airports Authority of India Act, 1994, Constitution of India, Constitution of India with Article 226, Contract Law, Judges, Krishna Murari, M.R. Shah, Tender Law

Supreme Court Upholds Airport Authority’s Tender Conditions in Ground Handling Services Case (2022) LEGAL ISSUE: Whether the High Court can interfere with the tender conditions set by the Airport Authority of India (AAI) in a writ petition filed by a non-governmental organization (NGO). CASE TYPE: Contract Law, Tender Law Case Name: Airport Authority of India

Supreme Court Upholds Airport Authority’s Tender Conditions in Ground Handling Services Case (30 September 2022) Read Post »

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