Contract Law

Supreme Court overturns Consumer Forum on non-disclosure of pre-existing conditions in insurance: LIC vs. Manish Gupta (2019)

/ Breach of contract, Contract Law, Contract Law with Utmost Good Faith, Dhananjaya Y Chandrachud, Hemant Gupta, Insurance Contracts, Insurance Law, Judges, Non-Disclosure, Pre-existing Conditions

Supreme Court overturns Consumer Forum on non-disclosure of pre-existing conditions in insurance: LIC vs. Manish Gupta (2019) LEGAL ISSUE: Whether non-disclosure of a pre-existing condition by an insured individual is a valid ground for repudiation of an insurance claim. CASE TYPE: Consumer Law Case Name: Life Insurance Corporation of India vs. Manish Gupta Judgment Date: […]

Supreme Court overturns Consumer Forum on non-disclosure of pre-existing conditions in insurance: LIC vs. Manish Gupta (2019) Read Post »

Supreme Court Upholds Consumer Rights: Insurance Claim Valid Despite Lack of Forcible Entry

/ Consumer Law, Contract Law, Dhananjaya Y. Chandrachud, Hemant Gupta, Insurance Claims, Judges, Terms and Conditions

Supreme Court Upholds Consumer Rights: Insurance Claim Valid Despite Lack of Forcible Entry LEGAL ISSUE: Whether an insurance company can reject a claim for theft when the policy excludes coverage for losses without forcible entry, but the policy’s exclusionary terms were not communicated to the insured. CASE TYPE: Consumer Law Case Name: Bharat Watch Company

Supreme Court Upholds Consumer Rights: Insurance Claim Valid Despite Lack of Forcible Entry Read Post »

Supreme Court clarifies the scope of blacklisting in tender processes: Caretel Infotech Ltd. vs. Hindustan Petroleum Corporation Ltd. (2019)

/ Constitutional Law, Constitutional Law with Article 226, Contract Law, Contract Law with Clause 20 of Tender Document, Judges, S.A. Bobde, Sanjay Kishan Kaul, Tender Process

Supreme Court Clarifies Blacklisting in Tender Processes: Caretel Infotech Ltd. vs. Hindustan Petroleum Corporation Ltd. (2019) LEGAL ISSUE: Whether a show cause notice for blacklisting amounts to initiation of blacklisting, disqualifying a bidder from a tender process. CASE TYPE: Contract Law, Tender Process. Case Name: Caretel Infotech Ltd. vs. Hindustan Petroleum Corporation Ltd. & Ors.

Supreme Court clarifies the scope of blacklisting in tender processes: Caretel Infotech Ltd. vs. Hindustan Petroleum Corporation Ltd. (2019) Read Post »

Supreme Court on Unfair Terms in Apartment Buyer Agreements: Pioneer Urban Land vs. Govindan Raghavan (2019)

/ Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(o), Consumer Protection Act, 1986 with Section 2(r), Contract Law, Indu Malhotra, Judges, One-Sided Contracts, Uday Umesh Lalit, Unfair Contract Terms, Unfair Trade Practices

Supreme Court on Unfair Terms in Apartment Buyer Agreements: Pioneer Urban Land vs. Govindan Raghavan (2019) LEGAL ISSUE: Whether clauses in an Apartment Buyer’s Agreement are binding if they are one-sided and unfair. CASE TYPE: Consumer Protection Case Name: Pioneer Urban Land & Infrastructure Ltd. vs. Govindan Raghavan Judgment Date: April 2, 2019 Introduction Date

Supreme Court on Unfair Terms in Apartment Buyer Agreements: Pioneer Urban Land vs. Govindan Raghavan (2019) Read Post »

Supreme Court Upholds Contractual Arbitration Clauses, Limits Interference: Union of India vs. Parmar Construction Company (2019)

/ A.M. Khanwilkar, Ajay Rastogi, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 21, Arbitration and Conciliation Act, 1996 with Section 26, Contract Law, Contract Law with 'No Claim' Certificates, Contract Law with Arbitration Clause, Judges

Supreme Court Upholds Contractual Arbitration Clauses, Limits Interference: Union of India vs. Parmar Construction Company (2019) LEGAL ISSUE: Whether a High Court can appoint an independent arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, when the parties have already agreed to a specific procedure for arbitrator appointment in their contract, and whether

Supreme Court Upholds Contractual Arbitration Clauses, Limits Interference: Union of India vs. Parmar Construction Company (2019) Read Post »

Supreme Court Upholds Discharge Voucher in Insurance Claim Dispute: United India Insurance Co. Ltd. vs. Antique Art Exports Pvt. Ltd. (28 March 2019)

/ A.M. Khanwilkar, Accord and Satisfaction, Ajay Rastogi, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11(6), Arbitration and Conciliation Act, 1996 with Section 11(6A), Coercion, Contract Law, Judges

Supreme Court Upholds Discharge Voucher in Insurance Claim Dispute: United India Insurance Co. Ltd. vs. Antique Art Exports Pvt. Ltd. (2019) LEGAL ISSUE: Whether a discharge voucher issued by an insured party, after accepting a settlement amount, bars them from later raising a dispute and invoking arbitration. CASE TYPE: Arbitration Law Case Name: United India

Supreme Court Upholds Discharge Voucher in Insurance Claim Dispute: United India Insurance Co. Ltd. vs. Antique Art Exports Pvt. Ltd. (28 March 2019) Read Post »

Supreme Court Interprets Exclusion Clause in Export Credit Insurance Policy: Export Credit Guarantee Corporation of India Ltd. vs. M.S. Creations (2019)

/ Constitutional Law, Constitutional Law with Article 142, Contract Law, Dhananjaya Y Chandrachud, Exclusion Clause, Export Credit Insurance, Hemant Gupta, Insurance Law, Interpretation of Contracts, Judges

Supreme Court Interprets Exclusion Clause in Export Credit Insurance Policy: Export Credit Guarantee Corporation of India Ltd. vs. M.S. Creations (2019) Date of the Judgment: March 13, 2019 Citation: CIVIL APPEAL NO.2987 OF 2019 (@SLP(C) No. 7781/2014) Judges: Dr. Dhananjaya Y Chandrachud, J. and Hemant Gupta, J. Can an export credit guarantee corporation deny a

Supreme Court Interprets Exclusion Clause in Export Credit Insurance Policy: Export Credit Guarantee Corporation of India Ltd. vs. M.S. Creations (2019) Read Post »

Supreme Court Strikes Down 10% Deposit for Arbitration: ICOMM Tele Ltd. vs. Punjab State Water Supply & Sewerage Board (2019)

/ Arbitration Clause, Arbitration Law, Constitutional Law, Constitutional Law with Article 14, Contract Law, Contract of Adhesion, Judges, R.F. Nariman, Tender Conditions, Vineet Saran

Supreme Court Strikes Down 10% Deposit for Arbitration: ICOMM Tele Ltd. vs. Punjab State Water Supply & Sewerage Board (2019) LEGAL ISSUE: Whether a clause in a tender requiring a 10% deposit of the claimed amount to invoke arbitration is arbitrary and violates Article 14 of the Constitution of India. CASE TYPE: Arbitration Law, Contract

Supreme Court Strikes Down 10% Deposit for Arbitration: ICOMM Tele Ltd. vs. Punjab State Water Supply & Sewerage Board (2019) Read Post »

Supreme Court rules against forfeiture of earnest money in property dispute: Sudha Gupta vs. DLF Ltd. (2019)

/ Breach of contract, Competition Act, 2002 with Section 53T, Competition Law, Contract Law, Judges, L. Nageswara Rao, Monopolies and Restrictive Trade Practices Act, 1969 with Section 55, Ranjan Gogoi, Sanjiv Khanna, Specific Performance, Unfair Trade Practices

Supreme Court rules against forfeiture of earnest money in property dispute: Sudha Gupta vs. DLF Ltd. (2019) LEGAL ISSUE: Whether a seller can forfeit the earnest money when a buyer defaults on payments in a property sale agreement. CASE TYPE: Real Estate/Property Law, Competition Law Case Name: Sudha Gupta vs. DLF Ltd. Judgment Date: 7th

Supreme Court rules against forfeiture of earnest money in property dispute: Sudha Gupta vs. DLF Ltd. (2019) Read Post »

Supreme Court Clarifies Applicability of Quantum Meruit under Section 70 of the Contract Act: Mahanagar Telephone Nigam Ltd. vs. Tata Communications Ltd. (27 February 2019)

/ Contract Law, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 70, Indian Contract Act, 1872 with Section 73, Indian Contract Act, 1872 with Section 74, Judges, Liquidated Damages, Quantum Meruit, R.F. Nariman, Vineet Saran

Supreme Court Clarifies Applicability of Quantum Meruit under Section 70 of the Contract Act: Mahanagar Telephone Nigam Ltd. vs. Tata Communications Ltd. (2019) LEGAL ISSUE: Whether a claim under Section 70 of the Indian Contract Act, 1872 (quantum meruit) is permissible when parties are governed by a contract. CASE TYPE: Contract Law Case Name: Mahanagar

Supreme Court Clarifies Applicability of Quantum Meruit under Section 70 of the Contract Act: Mahanagar Telephone Nigam Ltd. vs. Tata Communications Ltd. (27 February 2019) Read Post »

Supreme Court Upholds Restitution in Power Purchase Agreements: UHBVNL vs. Adani Power (2019)

/ Change in Law, Commercial Contracts, Contract Law, Electricity Law, Interpretation of Contracts, Judges, Navin Sinha, Power Purchase Agreement, R.F. Nariman

Supreme Court Upholds Restitution in Power Purchase Agreements: UHBVNL vs. Adani Power (2019) LEGAL ISSUE: Whether carrying costs should be included as part of restitution under a Power Purchase Agreement (PPA) when there is a change in law. CASE TYPE: Electricity Law, Contract Law Case Name: Uttar Haryana Bijli Vitran Nigam Ltd. & Anr. vs.

Supreme Court Upholds Restitution in Power Purchase Agreements: UHBVNL vs. Adani Power (2019) Read Post »

Supreme Court Upholds Resumption of Allotted Booth Due to Payment Default: Rajiv Vohra vs. State of Haryana (2019)

/ Allotment of Property, Breach of contract, Constitutional Law, Constitutional Law with Article 142, Contract Law, Contract Law with Payment Obligations, Dhananjaya Y Chandrachud, General Power of Attorney, Hemant Gupta, Judges, Property Law, Resumption of Property

Supreme Court Upholds Resumption of Allotted Booth Due to Payment Default: Rajiv Vohra vs. State of Haryana (2019) LEGAL ISSUE: Whether a government authority can resume an allotted property due to non-payment of dues by the allottee. CASE TYPE: Civil Case Name: Rajiv Vohra vs. The State of Haryana and Ors. Judgment Date: 21 February

Supreme Court Upholds Resumption of Allotted Booth Due to Payment Default: Rajiv Vohra vs. State of Haryana (2019) Read Post »

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