Supreme Court Upholds Bar on Specific Performance Suit Due to Prior Injunction Suit: Vurimi Pullarao vs. Vemari Vyankata Radharani (2019) LEGAL ISSUE: Whether a subsequent suit for specific performance is barred under Order 2 Rule 2 of the Code of Civil Procedure, 1908 if a prior suit for injunction was filed without seeking leave of […]
Supreme Court Upholds Full Insurance Claim: Kamlesh vs. Shriram General Insurance (2019) LEGAL ISSUE: Whether an insurance claim can be reduced for delayed intimation of an accident, when the policy requires immediate notice to the company and immediate notice to the police only in cases of theft or criminal act. CASE TYPE: Consumer Insurance Case
Supreme Court Upholds Full Insurance Claim: Kamlesh vs. Shriram General Insurance (2019) Read Post »
Supreme Court Clarifies Arbitrator Appointment in Railway Contracts: Union of India vs. Pradeep Vinod Construction Company (2019) LEGAL ISSUE: The core legal issue revolves around the correct procedure for appointing arbitrators in disputes arising from railway contracts, especially when the contract specifies the appointment of railway officers as arbitrators. CASE TYPE: This case falls under
Supreme Court clarifies the effect of Amendment of Agreement on Arbitration Clause in construction contracts: WAPCOS Ltd. vs. Salma Dam Joint Venture (2019) LEGAL ISSUE: Whether an Amendment of Agreement (AoA) supersedes the original arbitration clause in a contract. CASE TYPE: Arbitration Law Case Name: WAPCOS Ltd. vs. Salma Dam Joint Venture & Anr. Judgment
Supreme Court Upholds “Excepted Matter” Clause in Construction Contract: Mitra Guha Builders vs. ONGC (2019) LEGAL ISSUE: Whether the levy of pre-estimated liquidated damages by a Superintending Engineer, as per a contract clause, is an arbitrable matter or an “excepted matter.” CASE TYPE: Contract/Arbitration Law Case Name: M/S. MITRA GUHA BUILDERS (INDIA) COMPANY vs. OIL
Supreme Court Upholds Forfeiture of Security Deposit in Contract Dispute: Vijay Trading vs. Central Warehousing (2019) LEGAL ISSUE: Whether the forfeiture of a security deposit and detention of equipment by the Central Warehousing Corporation was justified due to a contractor’s failure to perform contractual obligations. CASE TYPE: Arbitration Case Name: M/s Vijay Trading and Transport
Supreme Court Upholds Termination of Fuel Dealership for Adulteration Date of the Judgment: 07 November 2019 Citation: (2019) INSC 942 Judges: L. Nageswara Rao, J., Hemant Gupta, J. Can a fuel dealership be terminated for failing quality tests, even if there are minor procedural delays in sample testing? The Supreme Court of India addressed this
Supreme Court Clarifies Chit Fund Obligations: Debt in Praesenti or Contractual Promise? (2019) LEGAL ISSUE: Determining the nature of the relationship between a chit fund entity and its subscribers, specifically whether the obligation to pay future installments is a debt in praesenti or a contractual promise. CASE TYPE: Civil Appeal (Chit Funds) Case Name: M/s
Supreme Court Allows CENVAT Credit Counterclaim in Arbitration: Bharat Petroleum Corp. Ltd. vs. Go Airlines (2019) LEGAL ISSUE: Whether an arbitrator has the jurisdiction to consider a counterclaim relating to CENVAT (Central Value Added Tax) credit in an arbitration proceeding. CASE TYPE: Arbitration Case Name: Bharat Petroleum Corporation Limited vs. Go Airlines (India) Limited [Judgment
Supreme Court Upholds Arbitral Award in Contract Termination Dispute: State of Jharkhand vs. M/s HSS Integrated SDN (2019) LEGAL ISSUE: Whether the termination of a contract by the State of Jharkhand was legal and in accordance with the terms of the contract. CASE TYPE: Arbitration Case Name: The State of Jharkhand & Ors. vs. M/s
Supreme Court directs State to consider sewer scheme for Yeola Municipal Council: Madhoor Buildwell vs. Yeola Municipal Council (2019) LEGAL ISSUE: Whether a contractor can claim funds from the Central Government based on inter-departmental communications for a project under a discontinued scheme. CASE TYPE: Civil Law, Government Contracts, Urban Development Case Name: M/s. Madhoor Buildwell
Supreme Court Clarifies Taxability of Members’ Clubs Post 46th Amendment: State of West Bengal vs. Calcutta Club Limited (2019) LEGAL ISSUE: Applicability of the doctrine of mutuality to incorporated clubs regarding sales tax and service tax after the 46th Amendment to the Constitution of India. CASE TYPE: Tax Law (Sales Tax and Service Tax) Case
