Contract Law

Supreme Court Restores Interim Injunction in Film Rights Dispute: Narendra Hirawat & Co. vs. Sholay Media Entertainment Pvt. Ltd. (2022)

/ Aniruddha Bose, Breach of contract, Contract Act, Judges, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 14(d), Vineet Saran

Supreme Court Restores Interim Injunction in Film Rights Dispute: Narendra Hirawat & Co. vs. Sholay Media Entertainment Pvt. Ltd. (2022) LEGAL ISSUE: Whether an appellate court should interfere with a trial court’s order granting an interim injunction when the trial court’s decision was reasonable and judicially sound. CASE TYPE: Contract Law, Intellectual Property Rights Case […]

Supreme Court Restores Interim Injunction in Film Rights Dispute: Narendra Hirawat & Co. vs. Sholay Media Entertainment Pvt. Ltd. (2022) Read Post »

Supreme Court Upholds State’s Right to Reject Highest Bid in Public Auction: State of Punjab vs. Mehar Din (2022)

/ Abhay S. Oka, Ajay Rastogi, Contract Law, Judges, Judicial Review, Public Auction, Punjab Package Deal Properties (Disposal) Act, 1976, Punjab Package Deal Properties (Disposal) Act, 1976 with Rule 8, Punjab Package Deal Properties (Disposal) Rules, 1976, Scope of Judicial Review

Supreme Court Upholds State’s Right to Reject Highest Bid in Public Auction: State of Punjab vs. Mehar Din (2022) LEGAL ISSUE: Whether the State is bound to accept the highest bid in a public auction. CASE TYPE: Public Auction/Contract Law Case Name: State of Punjab & Others vs. Mehar Din [Judgment Date]: March 2, 2022

Supreme Court Upholds State’s Right to Reject Highest Bid in Public Auction: State of Punjab vs. Mehar Din (2022) Read Post »

Specific Performance Denied: Supreme Court Upholds Dismissal of Delayed Claim in Land Dispute: Surjeet Singh Sahni vs. State of U.P. (28 February 2022)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 226, Contract Law, Delay and Laches, Judges, M.R. Shah, Specific Performance, U.P. Industrial Area Development Act, 1976, U.P. Industrial Area Development Act, 1976 with Section 6

Supreme Court Dismisses Plea for Specific Performance After Delay: Surjeet Singh Sahni vs. State of U.P. (2022) LEGAL ISSUE: Whether a writ petition seeking specific performance of a contract is maintainable after a significant delay and whether a fresh cause of action arises from the rejection of a belated representation. CASE TYPE: Contract Law, Land

Specific Performance Denied: Supreme Court Upholds Dismissal of Delayed Claim in Land Dispute: Surjeet Singh Sahni vs. State of U.P. (28 February 2022) Read Post »

Supreme Court overturns High Court order on work contract: Municipal Council Gondia vs. Divi Works & Suppliers (28 February 2022)

/ B.V. Nagarathna, Breach of contract, Constitutional Law, Constitutional Law with Article 226, Contract Law, Judges, M. R. Shah, Specific Performance, Work Order, Writ Jurisdiction

Supreme Court overturns High Court order on work contract: Municipal Council Gondia vs. Divi Works & Suppliers (2022) LEGAL ISSUE: Whether a High Court can issue a writ of mandamus for specific performance of a contract in a writ petition under Article 226 of the Constitution of India. CASE TYPE: Contract Law, Writ Jurisdiction Case

Supreme Court overturns High Court order on work contract: Municipal Council Gondia vs. Divi Works & Suppliers (28 February 2022) Read Post »

Supreme Court Dismisses Plea for Specific Performance Due to Delay: Surjeet Singh Sahni vs. State of U.P. (28 February 2022)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 226, Contract Law, Judges, Limitation, M.R. Shah, Specific Performance, U.P. Industrial Area Development Act, 1976, U.P. Industrial Area Development Act, 1976 with Section 6

Supreme Court Dismisses Plea for Specific Performance Due to Delay: Surjeet Singh Sahni vs. State of U.P. (2022) LEGAL ISSUE: Whether a writ petition seeking specific performance of a contract is maintainable after significant delay and whether a belated representation extends the period of limitation. CASE TYPE: Contract Law, Writ Jurisdiction Case Name: Surjeet Singh

Supreme Court Dismisses Plea for Specific Performance Due to Delay: Surjeet Singh Sahni vs. State of U.P. (28 February 2022) Read Post »

Supreme Court Limits Blacklisting Period for Contractor in Odisha Flyover Collapse Case: State of Odisha vs. M/s Panda Infraproject Limited (2022)

/ Administrative Law, Administrative Law with Show Cause Notice, B.V. Nagarathna, Breach of contract, Contract Law, Contract Law with Blacklisting, Judges, M.R. Shah, Natural Justice

Supreme Court Limits Blacklisting Period for Contractor in Odisha Flyover Collapse Case LEGAL ISSUE: Whether a contractor can be permanently blacklisted for lapses in construction leading to a fatal accident. CASE TYPE: Contract Law, Public Works Case Name: State of Odisha & Ors. vs. M/s Panda Infraproject Limited [Judgment Date]: 24 February 2022 Date of

Supreme Court Limits Blacklisting Period for Contractor in Odisha Flyover Collapse Case: State of Odisha vs. M/s Panda Infraproject Limited (2022) Read Post »

Supreme Court Upholds Auction Sale of Temple Land After 23 Years: K. Kumara Gupta vs. Sri Markendaya and Sri Omkareswara Swamy Temple (2022)

/ B.V. Nagarathna, Endowments Act, 1987, Endowments Act, 1987 with Section 93, Indian Contract Act, Indian Contract Act with Tender-cum-auction, Judges, M.R. Shah, Management of Religious Institutions, Sale of Temple Properties, Sanctity of Contracts

Supreme Court Upholds Auction Sale of Temple Land After 23 Years: K. Kumara Gupta vs. Sri Markendaya and Sri Omkareswara Swamy Temple (2022) LEGAL ISSUE: Whether an auction sale conducted by a religious institution can be set aside after 23 years based on subsequent higher offers from non-participants. CASE TYPE: Civil Appellate Jurisdiction. Case Name:

Supreme Court Upholds Auction Sale of Temple Land After 23 Years: K. Kumara Gupta vs. Sri Markendaya and Sri Omkareswara Swamy Temple (2022) Read Post »

Supreme Court Clarifies Electricity Tariff for Inadvertent Drawal in Open Access Agreements: Ajmer Vidyut Vitran Nigam Ltd. vs. Hindustan Zinc Ltd. (2022)

/ Abhay S. Oka, Ajay Rastogi, Commercial Agreements, Contract Law, Contract Law with Retrospective Application, Electricity Act, 2003, Electricity Act, 2003 with Section 125, Electricity Act, 2003 with Section 42, Judges, Open Access

Supreme Court Clarifies Electricity Tariff for Inadvertent Drawal: Ajmer Vidyut Vitran Nigam Ltd. vs. Hindustan Zinc Ltd. (2022) Date of the Judgment: February 17, 2022 Citation: 2022 INSC 170 Judges: Justice Ajay Rastogi and Justice Abhay S. Oka Can changes in electricity tariffs for inadvertent drawal under open access agreements be applied retrospectively? The Supreme

Supreme Court Clarifies Electricity Tariff for Inadvertent Drawal in Open Access Agreements: Ajmer Vidyut Vitran Nigam Ltd. vs. Hindustan Zinc Ltd. (2022) Read Post »

Supreme Court Upholds Contractual Terms in Lease Dispute: Indian Oil Corporation Ltd. vs. Shree Ganesh Petroleum (1 February 2022)

/ Abhay S. Oka, Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration Law, Breach of contract, Contract Interpretation, Contract Law, Indira Banerjee, Judges, Jurisdiction of Arbitrator, Setting Aside Arbitral Award

Supreme Court Upholds Contractual Terms in Lease Dispute: Indian Oil Corporation Ltd. vs. Shree Ganesh Petroleum LEGAL ISSUE: Whether an arbitrator, appointed under a dealership agreement, can modify the terms of a separate lease agreement between the same parties. CASE TYPE: Contract Law, Arbitration Law Case Name: Indian Oil Corporation Ltd. vs. M/s Shree Ganesh

Supreme Court Upholds Contractual Terms in Lease Dispute: Indian Oil Corporation Ltd. vs. Shree Ganesh Petroleum (1 February 2022) Read Post »

Supreme Court allows suit by unregistered firm: Shiv Developers vs. Aksharay Developers (2022)

/ Civil Law, Contract Law, Dinesh Maheshwari, Effect of Non-Registration, Indian Partnership Act, 1932, Indian Partnership Act, 1932 with Section 69, Judges, Property Law, Vikram Nath

Supreme Court Allows Suit by Unregistered Firm: Shiv Developers vs. Aksharay Developers (2022) LEGAL ISSUE: Whether a suit filed by an unregistered partnership firm is barred under Section 69(2) of the Indian Partnership Act, 1932, when the suit is not for enforcement of a right arising from a contract related to the firm’s business. CASE

Supreme Court allows suit by unregistered firm: Shiv Developers vs. Aksharay Developers (2022) Read Post »

Supreme Court Upholds Tender Rejection in Foreign Funded Project: National High Speed Rail Corporation Ltd. vs. Montecarlo Limited (2022)

/ A.S. Bopanna, Constitutional Law, Constitutional Law with Article 14, Contract Law, Contract Law with ITB 28.1, Government Contracts, Judges, M.R. Shah, Tender Process

Supreme Court Upholds Tender Rejection in Foreign Funded Project: National High Speed Rail Corporation Ltd. vs. Montecarlo Limited (2022) LEGAL ISSUE: Scope of judicial review in tender processes for foreign-funded projects. CASE TYPE: Contract Law, specifically relating to government tenders and foreign-funded projects. Case Name: National High Speed Rail Corporation Limited vs. Montecarlo Limited &

Supreme Court Upholds Tender Rejection in Foreign Funded Project: National High Speed Rail Corporation Ltd. vs. Montecarlo Limited (2022) Read Post »

Supreme Court Upholds Tender Rejection in Foreign Funded Project: National High Speed Rail Corporation Ltd. vs. Montecarlo Limited & Anr. (2022) INSC 124

/ A.S. Bopanna, Constitutional Law, Constitutional Law with Article 226, Contract Law, Contract Law with ITB 28.1, Judges, M.R. Shah, Public Procurement

Supreme Court Upholds Tender Rejection in Foreign Funded Project: National High Speed Rail Corporation Ltd. vs. Montecarlo Limited & Anr. (2022) INSC 124 LEGAL ISSUE: Whether a High Court can interfere with the tender process of a foreign-funded project when the rejection of a bid is based on the decision of the funding agency and

Supreme Court Upholds Tender Rejection in Foreign Funded Project: National High Speed Rail Corporation Ltd. vs. Montecarlo Limited & Anr. (2022) INSC 124 Read Post »

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