Supreme Court Upholds Forfeiture of Security Deposit in Tender Dispute: Pooja Ceratech vs. ONGC (2021) LEGAL ISSUE: Whether a security deposit can be forfeited when a bidder attempts to modify their bid after the tender submission deadline. CASE TYPE: Contract Law, Tender Process Case Name: Pooja Ceratech Private Limited vs. Oil and Natural Gas Corporation […]
Supreme Court Clarifies NCLT’s Jurisdiction in Contract Termination During CIRP: Tata Consultancy Services vs. SK Wheels (2021) LEGAL ISSUE: Scope of the National Company Law Tribunal’s (NCLT) residuary jurisdiction under Section 60(5)(c) of the Insolvency and Bankruptcy Code (IBC) to adjudicate contractual disputes during the Corporate Insolvency Resolution Process (CIRP). CASE TYPE: Insolvency Law, Contract
Supreme Court Restricts Arbitrator’s Power to Award Interest When Contract Prohibits: Union of India vs. Manraj Enterprises (2021) LEGAL ISSUE: Whether an arbitrator can award pendente lite and future interest when the contract between the parties expressly bars it. CASE TYPE: Arbitration Law Case Name: Union of India vs. Manraj Enterprises [Judgment Date]: 18 November
Supreme Court Upholds Insurance Claim: No Fraud in Hydrology Data Non-Disclosure Date of the Judgment: 15 November 2021 Citation: (2021) INSC 720 Judges: R. Subhash Reddy, J. and Hrishikesh Roy, J. Can an insurance company deny a claim by alleging fraud and non-disclosure of data when the insured party has provided all available information? The
Supreme Court Clarifies Liquidated Damages and Time Essence in Contracts: Welspun vs. ONGC (2021) LEGAL ISSUE: Whether time was of the essence in the contract and the validity of imposing liquidated damages. CASE TYPE: Contract Law, Arbitration Case Name: Welspun Specialty Solutions Limited vs. Oil and Natural Gas Corporation Ltd. Judgment Date: 13 November 2021
Supreme Court directs fresh tenders for Manipur’s Nutrition Program: M/s B.K. Enterprises vs. State of Manipur (2021) LEGAL ISSUE: Whether the State Government can continue contracts for transportation of nutrition supplies without issuing fresh tenders. CASE TYPE: Government Contracts/Tender Law Case Name: M/s B.K. Enterprises vs. The State of Manipur and Another [Judgment Date]: 12
Supreme Court Upholds Setting Aside of Arbitral Award in Business Dispute: Ratnam Sudesh Iyer vs. Jackie Kakubhai Shroff (2021) LEGAL ISSUE: Whether an arbitral award can be set aside for being in conflict with the fundamental policy of Indian law. CASE TYPE: Arbitration Case Name: Ratnam Sudesh Iyer vs. Jackie Kakubhai Shroff [Judgment Date]: November
Supreme Court Upholds Levy of Supervision Charges in Sal Seed Supply Contract: State of Chhattisgarh vs. M/S Sal Udyog Private Limited (2021) INSC 745 (08 November 2021) Date of the Judgment: 08 November 2021 Citation: (2021) INSC 745 Judges: N.V. Ramana, CJI, Surya Kant, J., Hima Kohli, J. Can a State Government levy supervision charges
Supreme Court Quashes High Court Order on Gas Allocation: Vaibhavi Enterprise vs. Nobel Cera Coat (2021) LEGAL ISSUE: Whether a High Court can allow a writ petitioner to modify its bid in a tender process under Article 226 of the Constitution of India without giving an opportunity to other bidders. CASE TYPE: Contract Law, Writ
Supreme Court Upholds Late Payment Surcharge Calculation in Power Purchase Agreements: Maharashtra State Electricity Distribution Company Limited vs. Maharashtra Electricity Regulatory Commission & Ors. (2021) INSC 648 (08 October 2021) LEGAL ISSUE: Whether changes in the interest rate system by the Reserve Bank of India (RBI) from the Prime Lending Rate (PLR) to the Base
Supreme Court clarifies liability of inspection agencies: SGS India Ltd. vs. Dolphin International Ltd. (2021) Date of the Judgment: 6 October 2021 Citation: [Not provided in the document] Judges: Hemant Gupta, J. and V. Ramasubramanian, J. Can an inspection agency be held liable for variations in product specifications after the goods have been shipped and
Supreme Court clarifies conditions for lease agreement execution in Paulmech Infrastructure vs. State of Orissa (2021) LEGAL ISSUE: Whether a Letter of Intent (LOI) for a lease agreement can be terminated if the upfront payment is not made within the stipulated time, even if subsequent payments are accepted. CASE TYPE: Contract Law, Lease Agreement Dispute
