Contract Law

Arbitration Clause Invoked: Supreme Court Appoints Arbitrator in Dispute Between Nirmal Software and Dr. Babasaheb Ambedkar Marathwada University (2019)

/ Abhay Manohar Sapre, Appointment of Arbitrator, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 12, Contract Law, Contractual Agreements, Indu Malhotra, Judges, Memorandum of Understanding (MoU)

Supreme Court Appoints Arbitrator in Nirmal Software Services vs. Dr. Babasaheb Ambedkar Marathwada University LEGAL ISSUE: Whether a dispute arising from a Memorandum of Understanding (MoU) containing an arbitration clause should be referred to arbitration. CASE TYPE: Arbitration Law Case Name: Nirmal Software Services Pvt. Ltd. vs. Dr. Babasaheb Ambedkar Marathwada University & Ors. [Judgment […]

Arbitration Clause Invoked: Supreme Court Appoints Arbitrator in Dispute Between Nirmal Software and Dr. Babasaheb Ambedkar Marathwada University (2019) Read Post »

Supreme Court Upholds Tender Rejection Based on Sister Company’s Adverse Record in Government Contracts (21 June 2019)

/ Constitutional Law, Constitutional Law with Article 12, Contract Law, Contract Law with Clause 1.19 of the Manual of Contracts, 2007, Deepak Gupta, Government Contracts, Judges, Judicial Review, Surya Kant

Supreme Court Upholds Tender Rejection Based on Sister Company’s Adverse Record Date of the Judgment: 21 June 2019 Citation: The Silppi Constructions Contractors vs. Union of India and Anr. ETC. ETC., Special Leave Petition(Civil) Nos. 13802-13805 of 2019 Judges: Deepak Gupta J., Surya Kant J. Can a government authority reject a company’s tender based on

Supreme Court Upholds Tender Rejection Based on Sister Company’s Adverse Record in Government Contracts (21 June 2019) Read Post »

Supreme Court Partially Upholds Arbitration Award on Coal Price Escalation: Parsa Kente Collieries vs. Rajasthan Rajya Vidyut Utpadan Nigam (2019)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Arbitration and Conciliation Act, 1996 with Section 37, Arun Mishra, Contract Interpretation, Contract Law, Force Majeure, Judges, M.R. Shah

Supreme Court Partially Upholds Arbitration Award on Coal Price Escalation: Parsa Kente Collieries vs. Rajasthan Rajya Vidyut Utpadan Nigam (2019) LEGAL ISSUE: Whether the High Court was justified in interfering with the arbitral award passed by the learned Arbitrator, confirmed by the learned Commercial Court, in an appeal under Section 37 of the Arbitration and

Supreme Court Partially Upholds Arbitration Award on Coal Price Escalation: Parsa Kente Collieries vs. Rajasthan Rajya Vidyut Utpadan Nigam (2019) Read Post »

Supreme Court Upholds Specific Performance of Agreement to Sell: Beemaneni Maha Lakshmi vs. Gangumalla Appa Rao (2019)

/ Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, Breach of contract, Contract Law, Judges, L. Nageswara Rao, Land Ceiling, M.R. Shah, Specific Performance, Specific Relief Act, 1963

Supreme Court Upholds Specific Performance of Agreement to Sell: Beemaneni Maha Lakshmi vs. Gangumalla Appa Rao (2019) LEGAL ISSUE: Whether a decree for specific performance of a sale agreement can be granted when the vendor fails to fulfill their obligations under the agreement. CASE TYPE: Civil – Specific Performance Case Name: Beemaneni Maha Lakshmi vs.

Supreme Court Upholds Specific Performance of Agreement to Sell: Beemaneni Maha Lakshmi vs. Gangumalla Appa Rao (2019) Read Post »

Supreme Court Upholds Contract Terms in Ssangyong vs. NHAI Price Adjustment Dispute: Civil Appeal No. 4779 of 2019 (08 May 2019)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 18, Arbitration and Conciliation Act, 1996 with Section 24(3), Arbitration and Conciliation Act, 1996 with Section 34, Breach of contract, Contract Law, Interpretation of Contract, Judges, R.F. Nariman, Vineet Saran

Supreme Court Upholds Contract Terms in Ssangyong vs. NHAI Price Adjustment Dispute Date of the Judgment: 08 May 2019 Citation: Civil Appeal No. 4779 of 2019 Judges: R.F. Nariman, J., Vineet Saran, J. Can a government body unilaterally change a contract’s price adjustment formula? The Supreme Court addressed this question in a dispute between Ssangyong

Supreme Court Upholds Contract Terms in Ssangyong vs. NHAI Price Adjustment Dispute: Civil Appeal No. 4779 of 2019 (08 May 2019) Read Post »

Supreme Court Upholds Contractual Termination Without Notice: Rajasthan State Roadways vs. Paramjeet Singh (2019)

/ Contract Law, Contractual Employment, Dhananjaya Y Chandrachud, Freedom of Contract, Hemant Gupta, Judges, Service Law, Termination of Service, Terms of Contract

Supreme Court Upholds Contractual Termination Without Notice: Rajasthan State Roadways vs. Paramjeet Singh (2019) LEGAL ISSUE: Whether a contractual employee’s services can be terminated without notice as per the terms of their contract. CASE TYPE: Service Law Case Name: Rajasthan State Roadways Transport Corporation vs. Paramjeet Singh Judgment Date: May 3, 2019 Date of the

Supreme Court Upholds Contractual Termination Without Notice: Rajasthan State Roadways vs. Paramjeet Singh (2019) Read Post »

Supreme Court clarifies allotment rights for housing scheme registrants: UP Housing Board vs. Ramesh Chandra Agarwal (2019)

/ Consumer Dispute Redressal, Consumer Law, Contract Law, Contract Law with Specified Price, Dhananjaya Y Chandrachud, Hemant Gupta, Housing Allotment, Judges, Principles of Contract

Supreme Court clarifies allotment rights for housing scheme registrants: UP Housing Board vs. Ramesh Chandra Agarwal (2019) LEGAL ISSUE: Whether mere registration for a housing scheme guarantees allotment of a plot or house. CASE TYPE: Consumer Law Case Name: UP Housing and Development Board vs. Ramesh Chandra Agarwal Judgment Date: May 01, 2019 Date of

Supreme Court clarifies allotment rights for housing scheme registrants: UP Housing Board vs. Ramesh Chandra Agarwal (2019) Read Post »

Supreme Court clarifies the scope of notice under Section 80 of the Code of Civil Procedure in Government Contract Disputes (30 April 2019)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 80, Contract Law, Government Contracts, Government Litigation, Judges, Notice Requirements, R. F. Nariman, Vineet Saran

Supreme Court Clarifies Notice Requirements under Section 80 of the Code of Civil Procedure in Government Contract Disputes Date of the Judgment: 30 April 2019 Citation: CIVIL APPEAL NOS.4495-4496 OF 2019 Judges: R. F. Nariman, J. and Vineet Saran, J. Can a government contractor proceed with a civil suit against the State without strictly adhering

Supreme Court clarifies the scope of notice under Section 80 of the Code of Civil Procedure in Government Contract Disputes (30 April 2019) Read Post »

Supreme Court Allows Cost Escalation in Housing Project: Visakhapatnam Metropolitan Region Development Authority vs. Chavva Sheela Reddy (2019)

/ Consumer Dispute, Consumer Protection Act, Contract Law, Contract Law with Clause 7, Dhananjaya Y. Chandrachud, Hemant Gupta, Judges, Rights of Allottees, Terms of Contract

Supreme Court Allows Cost Escalation in Housing Project: Visakhapatnam Metropolitan Region Development Authority vs. Chavva Sheela Reddy (2019) LEGAL ISSUE: Whether a development authority can demand an escalated cost for a flat when the initial allotment was at a fixed price. CASE TYPE: Consumer Law Case Name: Visakhapatnam Metropolitan Region Development Authority vs. Chavva Sheela

Supreme Court Allows Cost Escalation in Housing Project: Visakhapatnam Metropolitan Region Development Authority vs. Chavva Sheela Reddy (2019) Read Post »

Supreme Court Denies Accident Claim: Heart Attack Not an ‘Accident’ Under Insurance Policy (24 April 2019)

/ Accident Benefit Clause, Accident Insurance, Accidental Death Benefit, Consumer Protection Act, 1986, Contract Law, Dhananjaya Y Chandrachud, Hemant Gupta, Insurance Law, Insurance Policy, Judges

Supreme Court Denies Accident Claim: Heart Attack Not an ‘Accident’ Under Insurance Policy (24 April 2019) Date of the Judgment: 24 April 2019 Citation: Civil Appeal No. 3413 of 2019 (Arising out of SLP (C) No. 32335 of 2016) Judges: Dr. Dhananjaya Y Chandrachud, J and Hemant Gupta, J Can a fall from a motorcycle

Supreme Court Denies Accident Claim: Heart Attack Not an ‘Accident’ Under Insurance Policy (24 April 2019) Read Post »

Supreme Court clarifies Unearned Increase Liability in Property Transfers After Demerger: Delhi Development Authority vs. Nalwa Sons Investment Ltd. (2019)

/ A.M. Khanwilkar, Ajay Rastogi, Contract Law, Contract Law with Lease Agreement, Interpretation of Contracts, Judges, Leasehold Rights, Property Law, Property Law with Unearned Increase, Transfer of Property

Supreme Court Clarifies Unearned Increase Liability in Property Transfers After Demerger LEGAL ISSUE: Whether a transfer of leased property from one public limited company to another, its alter ego, following a demerger order, attracts unearned increase liability. CASE TYPE: Property Law, specifically concerning leasehold rights and transfer of property. Case Name: Delhi Development Authority vs.

Supreme Court clarifies Unearned Increase Liability in Property Transfers After Demerger: Delhi Development Authority vs. Nalwa Sons Investment Ltd. (2019) Read Post »

Supreme Court Denies Specific Performance, Orders Refund in Property Sale Dispute: Ravankar vs. Raikar (2019)

/ Civil Procedure, Contract Law, Dhananjaya Y. Chandrachud, Evidence Act, Hemant Gupta, Judges, Pleadings, Readiness and Willingness, Specific Performance

Supreme Court Denies Specific Performance, Orders Refund in Property Sale Dispute: Ravankar vs. Raikar (2019) LEGAL ISSUE: Whether specific performance of a sale agreement should be granted when the buyer fails to prove readiness and willingness to perform their part of the contract and has not provided sufficient evidence of payments made beyond the initial

Supreme Court Denies Specific Performance, Orders Refund in Property Sale Dispute: Ravankar vs. Raikar (2019) Read Post »

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