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 […]
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 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 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 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 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 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 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 Directs Payment of Dues for Land Allotment: Union of India vs. Buddha Tri-Ratna Mission (2022) LEGAL ISSUE: Whether the respondent should be given possession of land without paying the full outstanding dues, including interest, as per the original allotment terms. CASE TYPE: Civil Case Name: Union of India & Anr. vs. Buddha Tri-Ratna
Supreme Court Upholds Bona Fide Purchaser Rights, Dismisses Suit Based on Collusive Decree: Rajpal Singh vs. Saroj (2022) INSC 500 LEGAL ISSUE: Whether a suit for cancellation of a sale deed, filed after the limitation period, is maintainable when a prior collusive decree is used as the basis for the claim. Also, whether a bona
Supreme Court Allows Relief to Allottee Despite Payment Delays in Housing Scheme: Anjana Saraiya vs. State of U.P. (2022) LEGAL ISSUE: Whether an allottee of a residential plot under a government scheme can have their allotment restored after delays in payment, if they subsequently pay the full amount with interest and are willing to pay
Supreme Court Quashes Termination of Mining Lease Due to Lack of Evidence: Haryana Mining Company vs. State of Haryana (2022) LEGAL ISSUE: Whether the termination of a mining lease is justified without sufficient evidence of illegal mining activities by the leaseholder. CASE TYPE: Mining Law, Contract Law, Administrative Law Case Name: M/s Haryana Mining Company
