Contract Law

Supreme Court restricts refund of transportation charges in GAIL vs. IPCL case

/ Abhay S. Oka, Constitutional Law, Constitutional Law with Article 14, Contract Law, Contract Law with Section 10.01, Contract Law with Section 4.04, Judges, Sanjay Kishan Kaul, Unequal Bargaining Power

Supreme Court Restricts Refund in GAIL vs. IPCL Case on Transportation Charges LEGAL ISSUE: Whether a public sector undertaking can levy transportation charges on another when the latter is mandated to use its own pipelines. CASE TYPE: Contract Law, Writ Jurisdiction Case Name: M/S. GAIL (INDIA) LIMITED vs. M/S. INDIAN PETROCHEMICALS CORP. LTD. & ORS. […]

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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 clarifies insurance policy terms in election duty death: National Insurance Company Ltd. vs. Chief Electoral Officer (2023)

/ Abhay S. Oka, Accidental Death Claims, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 182, Insurance Law, Insurance Policy Interpretation, Judges, Sanjay Kishan Kaul

Supreme Court clarifies insurance policy terms in election duty death: National Insurance Company Ltd. vs. Chief Electoral Officer (2023) LEGAL ISSUE: Interpretation of insurance policy terms, specifically the scope of “accident caused by external violent and any other visible means.” CASE TYPE: Insurance Law Case Name: National Insurance Company Ltd. vs. The Chief Electoral Officer

Supreme Court clarifies insurance policy terms in election duty death: National Insurance Company Ltd. vs. Chief Electoral Officer (2023) Read Post »

Supreme Court Upholds Landowner’s Right to Possession in Encroachment Case: Baini Prasad vs. Durga Devi (2023)

/ B.R. Gavai, C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 136, Estoppel, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 115, Judges, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 51

Supreme Court Upholds Landowner’s Right to Possession in Encroachment Case: Baini Prasad vs. Durga Devi (2023) Date of the Judgment: February 2, 2023 Citation: Civil Appeal No.6182-6183 of 2009 Judges: B.R. Gavai, J. and C.T. Ravikumar, J. Can a person who encroaches on another’s land claim protection against eviction by citing improvements made on the

Supreme Court Upholds Landowner’s Right to Possession in Encroachment Case: Baini Prasad vs. Durga Devi (2023) Read Post »

Supreme Court Upholds Estoppel in Property Dispute: Elumalai vs. Kamala (2023)

/ Estoppel, Hindu Minority and Guardianship Act, 1956, Hindu Minority and Guardianship Act, 1956 with Section 8, Hindu Succession Act, 1956, Hindu Succession Act, 1956 with Section 8, Hrishikesh Roy, Judges, K.M. Joseph, Transfer of Property Act, Transfer of Property Act with Section 6

Supreme Court Upholds Estoppel in Property Dispute: Elumalai vs. Kamala (2023) LEGAL ISSUE: Whether a release deed executed by a father relinquishing his rights in his father’s self-acquired property, for consideration, estops his sons from claiming a share in the same property after the grandfather’s death. CASE TYPE: Civil Property Dispute Case Name: Elumalai @

Supreme Court Upholds Estoppel in Property Dispute: Elumalai vs. Kamala (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 settles appointment rules for Gram Panchayat Adhikari posts: State of Uttar Pradesh vs. Karunesh Kumar & Ors. (2022) INSC 1412 (12 December 2022)

/ Estoppel, Judges, M.M. Sundresh, M.R. Shah, Recruitment Rules, Service Law, Uttar Pradesh Direct Recruitment to Group ‘C’ Posts (Mode and Procedure) Rules, 2015, Uttar Pradesh Direct Recruitment to Group ‘C’ Posts (Mode and Procedure) Rules, 2015 with Rule 2, Uttar Pradesh Gram Panchayat Adhikari Service Rules, 1978, Uttar Pradesh Gram Panchayat Adhikari Service Rules, 1978 with Rule 15, Waiting List

Supreme Court Clarifies Rules for Gram Panchayat Adhikari Appointments in Uttar Pradesh Date of the Judgment: 12 December 2022 Citation: (2022) INSC 1412 Judges: M.R. Shah, J., and M.M. Sundresh, J. Can a candidate who participated in a selection process, based on specific rules, later claim appointment based on a different set of rules? The

Supreme Court settles appointment rules for Gram Panchayat Adhikari posts: State of Uttar Pradesh vs. Karunesh Kumar & Ors. (2022) INSC 1412 (12 December 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 »

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