Supreme Court Reverses High Court in Specific Performance Suit: Karuppuraj vs. Ganesan (2021) LEGAL ISSUE: Whether a plaintiff can be granted specific performance of a contract when they were not initially willing to purchase the property with existing tenants, and later change their stance during the first appeal. CASE TYPE: Civil Suit – Specific Performance […]
Supreme Court Upholds Disqualification of Petrol Pump Applicant Due to Lease Commencement Clause LEGAL ISSUE: Whether a lease agreement, which stipulates that its term commences from the date of approval of a petrol pump, qualifies as a valid lease for the purpose of awarding marks in a petrol pump dealership application process. CASE TYPE: Civil
Supreme Court Upholds Eviction of Unauthorized Occupants in New Delhi Market Date of the Judgment: 27 September 2021 Citation: (2021) INSC 648 Judges: Hemant Gupta, J., V. Ramasubramanian, J. Can a municipal council be bound by policies of the Union Government when managing properties transferred to it? The Supreme Court recently addressed this question in
Supreme Court Clarifies Arbitrability of Disputes Under Construction Management Agreements: DLF Home Developers vs. Rajapura Homes (2021) LEGAL ISSUE: Whether disputes arising from Construction Management Agreements can be referred to arbitration under the arbitration clause of the Construction Management Agreements, or whether they fall under the ambit of the Share Purchase Agreements. CASE TYPE: Arbitration
Supreme Court sets aside Allahabad High Court order on land allotment rates: NOIDA vs. 24 Oranges Lab LLP (2021) Date of the Judgment: September 21, 2021 Citation: Not Available Judges: M. R. Shah, J., A.S. Bopanna, J. Can a lease deed executed based on an interim court order be considered final and binding? The Supreme
Supreme Court Upholds Tender Award, Emphasizes Limited Judicial Review in Contractual Matters Date of the Judgment: September 17, 2021 Citation: (2021) INSC 625 Judges: Sanjay Kishan Kaul, J., Hrishikesh Roy, J. Can unsuccessful bidders challenge tender processes merely on the basis of perceived irregularities? The Supreme Court of India recently addressed this question, emphasizing that
Supreme Court Upholds Arbitration Award in Delhi Metro Dispute: DAMEPL Wins Against DMRC (2021) LEGAL ISSUE: Interference with Arbitral Awards under Section 37 of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Law Case Name: Delhi Airport Metro Express Pvt. Ltd. vs. Delhi Metro Rail Corporation Ltd. Judgment Date: September 09, 2021 Introduction Date
Supreme Court Upholds Trial Court Decision on Land Sale Dispute: K.N. Nagarajappa vs. H. Narasimha Reddy (2021) Date of the Judgment: 09 September 2021 Citation: 2021 INSC 616 Judges: L. Nageswara Rao, J., S. Ravindra Bhat, J. Can a High Court interfere with the factual findings of a lower appellate court in a second appeal?
Supreme Court Clarifies Adjustment of Departmental Management Fees in Liquor License Cancellation Cases Date of the Judgment: 06 September 2021 Citation: (2021) INSC 528 Judges: L. Nageswara Rao, J., S. Ravindra Bhat, J. Can a state government forfeit the departmental management fees collected after cancelling a liquor license, while also recovering dues from the original
Supreme Court Upholds Royalty Charges for Captive Power Producers Utilizing Controlled Water Releases: Indsil & CUMI vs. State of Kerala (2021) LEGAL ISSUE: Whether Captive Power Producers (CPPs) are liable to pay royalty and charges for using controlled water releases for power generation. CASE TYPE: Contract Law, Energy Law. Case Name: M/s. Indsil Hydro Power
Supreme Court Upholds Foreign Award Against Non-Signatories Under Alter Ego Doctrine Date of the Judgment: 10 August 2021 Citation: (2021) INSC 482 Judges: R.F. Nariman, J and B.R. Gavai, J. The judgment was authored by R.F. Nariman, J. Can a foreign arbitral award be enforced against entities that were not direct signatories to the arbitration
Supreme Court Upholds Contractual Terms: PSA Sical Terminals vs. V.O. Chidambaranar Port Trust (2021) LEGAL ISSUE: Interpretation of “Change in Law” clause in a contract and the extent of the Arbitral Tribunal’s power to modify contractual terms. CASE TYPE: Arbitration Law, Contract Law Case Name: PSA Sical Terminals Pvt. Ltd. vs. The Board of Trustees
