Contract Law

Supreme Court clarifies arbitrability of disputes under specific contract clauses: Emaar India Ltd. vs. Tarun Aggarwal Projects LLP (2022)

/ Appointment of Arbitrators, Arbitrability of Disputes, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration Law, Contract Law, Dispute Resolution, Interpretation of Clauses, Judges, Krishna Murari, M.R. Shah

Supreme Court clarifies arbitrability of disputes under specific contract clauses: Emaar India Ltd. vs. Tarun Aggarwal Projects LLP (2022) LEGAL ISSUE: Whether a dispute falls under an arbitration clause or an exception clause within a contract. CASE TYPE: Arbitration Case Name: M/s. EMAAR INDIA LTD. VERSUS TARUN AGGARWAL PROJECTS LLP & ANR. [Judgment Date]: 30 […]

Supreme Court clarifies arbitrability of disputes under specific contract clauses: Emaar India Ltd. vs. Tarun Aggarwal Projects LLP (2022) Read Post »

Specific Performance Suit Dismissed Due to Non-Joinder of Necessary Parties: Moreshar vs. Vyankatesh (2022)

/ B.R. Gavai, C.T. Ravikumar, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 1, Rule 10, Contract Law, Contract Law with Agreement to Sell, Judges, Specific Performance

Specific Performance Suit Dismissed Due to Non-Joinder of Necessary Parties: Moreshar vs. Vyankatesh (2022) LEGAL ISSUE: Whether a suit for specific performance of a contract for sale of property is maintainable without impleading all co-owners of the property. CASE TYPE: Civil – Specific Performance Case Name: Moreshar S/O Yadaorao Mahajan vs. Vyankatesh Sitaram Bhedi (D)

Specific Performance Suit Dismissed Due to Non-Joinder of Necessary Parties: Moreshar vs. Vyankatesh (2022) Read Post »

Specific Performance Denied: Supreme Court Upholds High Court Decision in Property Sale Agreement Dispute – Kolli Satyanarayana vs. Valuripalli Kesava Rao Chowdary (2022)

/ B.R. Gavai, C.T. Ravikumar, Contract Law, Judges, Specific Performance, Urban Land (Ceiling and Regulation) Act, 1976, Urban Land (Ceiling and Regulation) Act, 1976 with Section 20

Supreme Court Denies Specific Performance in Property Sale Dispute: Kolli Satyanarayana vs. Valuripalli Kesava Rao Chowdary (2022) Date of the Judgment: 27 September 2022 Citation: [Not Available in Source] Judges: B.R. Gavai, J. and C.T. Ravikumar, J. Can a buyer seek specific performance of a property sale agreement when they did not act promptly after

Specific Performance Denied: Supreme Court Upholds High Court Decision in Property Sale Agreement Dispute – Kolli Satyanarayana vs. Valuripalli Kesava Rao Chowdary (2022) Read Post »

Supreme Court Upholds Consumer Complaint Dismissal: Sudha & Ors. vs. Jaiprakash Associates Limited (2022)

/ Abhay S. Oka, Allotment Letter, Breach of contract, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(f), Consumer Protection Act, 1986 with Section 2(g), Contract Law, Deficiency in Service, Judges, Surya Kant, Terms and Conditions

Supreme Court Upholds Consumer Complaint Dismissal: Sudha & Ors. vs. Jaiprakash Associates Limited (2022) LEGAL ISSUE: Whether a consumer can claim a refund for a delayed property possession before the expiry of the grace period as per the agreement. CASE TYPE: Consumer Case Name: Sudha & Ors. vs. Jaiprakash Associates Limited Judgment Date: 16 September

Supreme Court Upholds Consumer Complaint Dismissal: Sudha & Ors. vs. Jaiprakash Associates Limited (2022) Read Post »

Suppression of Facts Leads to Dismissal: Supreme Court on Specific Performance in Yashoda vs. Sukhwinder Singh (2022)

/ Agreement to Sell, B.R. Gavai, C.T. Ravikumar, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order VII Rule 1(j), Contract Law, Judges, Specific Performance

Supreme Court Dismisses Specific Performance Suit Due to Suppression of Facts: Yashoda vs. Sukhwinder Singh (2022) Date of the Judgment: September 12, 2022 Citation: (2022) INSC 8247 Judges: B.R. Gavai, J. and C.T. Ravikumar, J. Can a party seeking specific performance of a contract be denied relief if they fail to disclose prior litigation related

Suppression of Facts Leads to Dismissal: Supreme Court on Specific Performance in Yashoda vs. Sukhwinder Singh (2022) Read Post »

Supreme Court Upholds Arbitration Clause Despite Missing “Final and Binding” Wording in Development Agreement: Babanrao Rajaram Pund vs. M/s. Samarth Builders & Developers (2022)

/ Abhay S. Oka, Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 7, Contract Law, Contract Law with Arbitration Clause, Development Agreement, Judges, Surya Kant

Supreme Court Upholds Arbitration Clause Despite Missing “Final and Binding” Wording in Development Agreement: Babanrao Rajaram Pund vs. M/s. Samarth Builders & Developers (2022) LEGAL ISSUE: Whether a clause in a development agreement constitutes a valid arbitration agreement even if it does not explicitly state that the arbitrator’s decision will be “final and binding.” CASE

Supreme Court Upholds Arbitration Clause Despite Missing “Final and Binding” Wording in Development Agreement: Babanrao Rajaram Pund vs. M/s. Samarth Builders & Developers (2022) Read Post »

Supreme Court clarifies tender disqualification based on prior contract termination: Adani Ports Case (2022)

/ Arbitral Tribunal, Arbitration, Concession Agreement, Constitutional Law, Constitutional Law with Article 32, Contract Law, Judges, Krishna Murari, M.R. Shah, Tender Law

Supreme Court Clarifies Tender Disqualification Based on Prior Contract Termination: Adani Ports Case (2022) LEGAL ISSUE: Whether termination of a prior concession agreement can be a ground for disqualification in subsequent tenders. CASE TYPE: Contract Law, Tender Law Case Name: Adani Ports and Special Economic Zone Limited vs. The Board of Trustees of Jawaharlal Nehru

Supreme Court clarifies tender disqualification based on prior contract termination: Adani Ports Case (2022) Read Post »

Supreme Court Clarifies Arbitration Agreement Requirements in Mahanadi Coalfields Case (25 July 2022)

/ A S Bopanna, Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 2(b), Arbitration and Conciliation Act, 1996 with Section 7, Contract Law, Contract Law with Clause 15, Dhananjaya Y Chandrachud, Dispute Resolution, Judges

Supreme Court Clarifies Arbitration Agreement Requirements in Mahanadi Coalfields Case (25 July 2022) LEGAL ISSUE: Whether a clause titled “Settlement of Disputes/Arbitration” that provides for dispute resolution at the company level and refers to courts of law for other disputes constitutes a valid arbitration agreement. CASE TYPE: Arbitration Law Case Name: Mahanadi Coalfields Ltd &

Supreme Court Clarifies Arbitration Agreement Requirements in Mahanadi Coalfields Case (25 July 2022) Read Post »

Supreme Court clarifies the scope of ‘Notified Claims’ in Arbitration: Indian Oil Corporation Ltd. vs. NCC Ltd. (20 July 2022)

/ Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, B.V. Nagarathna, Breach of contract, Contract Law, Interpretation of Contract, Judges, M.R. Shah

Supreme Court clarifies the scope of ‘Notified Claims’ in Arbitration: Indian Oil Corporation Ltd. vs. NCC Ltd. (2022) Date of the Judgment: 20 July 2022 Citation: (2022) INSC 614 Judges: M.R. Shah, J., B.V. Nagarathna, J. Can a dispute regarding whether a claim qualifies as a ‘Notified Claim’ under a contract be decided by an

Supreme Court clarifies the scope of ‘Notified Claims’ in Arbitration: Indian Oil Corporation Ltd. vs. NCC Ltd. (20 July 2022) Read Post »

Supreme Court Allows Counterclaim in Arbitration Despite Contractual Dispute Resolution Clause: National Highway Authority of India vs. Transstroy (India) Limited (2022) INSC 603 (11 July 2022)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 23, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Breach of contract, Contract Law, Contractual Dispute Resolution Clause, Judges, M.R. Shah, Sanjiv Khanna

Supreme Court Allows Counterclaim in Arbitration Despite Contractual Dispute Resolution Clause Date of the Judgment: 11 July 2022 Citation: (2022) INSC 603 Judges: M.R. Shah, J. and Sanjiv Khanna, J. Can a party be barred from filing a counterclaim in arbitration if they haven’t followed a pre-arbitration conciliation process, even if the main dispute is

Supreme Court Allows Counterclaim in Arbitration Despite Contractual Dispute Resolution Clause: National Highway Authority of India vs. Transstroy (India) Limited (2022) INSC 603 (11 July 2022) Read Post »

Supreme Court clarifies maintenance charges and delay compensation in real estate: Utpal Trehan vs DLF Home Developers Ltd. (11 July 2022)

/ Aniruddha Bose, Apartment Buyers’ Agreement, Breach of contract, Consumer Law, Consumer Law with Delhi State Consumer Disputes Redressal Commission, Consumer Law with National Consumer Disputes Redressal Commission, Consumer Protection Act, Contract Law, Contract Law with Clause 19, Delay Compensation, Dinesh Maheshwari, Judges, Maintenance Charges, Real Estate Law, Real Estate Regulation

Supreme Court on Maintenance Charges and Delay Compensation in Real Estate: Utpal Trehan vs DLF Home Developers Ltd. (2022) LEGAL ISSUE: Whether a builder can collect maintenance charges from a flat buyer before handing over possession and the extent of delay compensation. CASE TYPE: Consumer Law/Real Estate. Case Name: Utpal Trehan vs DLF Home Developers

Supreme Court clarifies maintenance charges and delay compensation in real estate: Utpal Trehan vs DLF Home Developers Ltd. (11 July 2022) Read Post »

Supreme Court Upholds High Court Decision on Coal Procurement Dispute: Karnataka Power Corporation Ltd. vs. EMTA Coal Limited & Anr. (20 May 2022)

/ Audit and Accounting, Breach of contract, CAG Report, Constitutional Law, Constitutional Law with Article 136, Contract Law, Contracts Law: Contractual Disputes, Contractual Disputes, Hima Kohli, Judges, Krishna Murari, N.V. Ramana, Writ Jurisdiction

Supreme Court Upholds High Court Decision on Coal Procurement Dispute Date of the Judgment: 20 May 2022 Citation: Civil Appeal Nos. 5401-5404 of 2017 Judges: N.V. Ramana, CJI, Krishna Murari, J., Hima Kohli, J. Can a state-owned power corporation demand reimbursement from a coal supplier based on an audit report it initially contested? The Supreme

Supreme Court Upholds High Court Decision on Coal Procurement Dispute: Karnataka Power Corporation Ltd. vs. EMTA Coal Limited & Anr. (20 May 2022) Read Post »

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