Supreme Court Upholds Dismissal of Suit for Declaration and Specific Performance: Rakesh Malhotra vs. Kamaljit Singh Sandhu (2018) LEGAL ISSUE: Whether a suit for declaration of ownership and possession can be decreed in the absence of a prayer for specific performance of an agreement to sell, and whether such a suit is barred by limitation. […]
Supreme Court Upholds University’s Right to Evict Retired Employees from Housing: Ranchi University vs. Jharkhand State Housing Board (2018) LEGAL ISSUE: Whether retired employees of a university can claim a right to continue occupying university-allotted housing after their retirement, based on a cancelled allotment and subsequent payment to the housing board. CASE TYPE: Civil Law
Supreme Court Clarifies Specific Performance of Development Agreements: Sushil Kumar Agarwal vs. Meenakshi Sadhu (2018) LEGAL ISSUE: Whether a developer can seek specific performance of a development agreement against the property owner under Section 14(3)(c) of the Specific Relief Act, 1963. CASE TYPE: Contract Law, Real Estate, Specific Performance Case Name: Sushil Kumar Agarwal vs.
Supreme Court Appoints Arbitrator in Shipping Dispute: Trans Asian Shipping vs. Beacon Shipping (2018) Date of the Judgment: September 19, 2018 Citation: Not Available Judges: Dipak Misra, CJI, A.M. Khanwilkar, J., Dr. D.Y. Chandrachud, J. Can a party compel another to arbitration when a dispute arises from a commercial agreement? The Supreme Court of India
Supreme Court Upholds Auction Sale, Rejects Challenge Based on Waiver and Estoppel: Pravesh Kumar Sachdeva vs. State of Uttar Pradesh (2018) Date of the Judgment: September 13, 2018 Citation: 2018 INSC 780 Judges: Madan B. Lokur, J., S. Abdul Nazeer, J., Deepak Gupta, J. Can a party challenge an auction sale after accepting the excess
Supreme Court Upholds Readiness and Willingness Requirement in Specific Performance Suit Date of the Judgment: 13 September 2018 Citation: (2018) INSC 763 Judges: Madan B. Lokur, J., Deepak Gupta, J. Can a party seeking specific performance of a contract succeed if they fail to demonstrate continuous readiness and willingness to fulfill their obligations? The Supreme
Supreme Court Upholds Dismissal of Specific Performance Suit: Lakshmi Sreenivasa Cooperative Building Society vs. Puvvada Rama (2018) LEGAL ISSUE: Whether a suit for specific performance can be decreed when the execution of the underlying agreement is not proven. CASE TYPE: Civil (Specific Performance) Case Name: Lakshmi Sreenivasa Cooperative Building Society vs. Puvvada Rama (Dead) by
Supreme Court Clarifies Arbitration Clause Requirements in Share Sale Agreement: Shyam Sunder Agarwal vs. P. Narotham Rao (2018) LEGAL ISSUE: Whether a clause in a Memorandum of Understanding (MoU) constitutes a valid arbitration agreement. CASE TYPE: Arbitration Law Case Name: Shyam Sunder Agarwal vs. P. Narotham Rao and Ors. Judgment Date: July 23, 2018 Date
Supreme Court clarifies interest on arbitration awards under the 1940 Act: Reliance Cellulose vs. ONGC (2018) LEGAL ISSUE: Whether an arbitrator can award pre-reference and pendente lite interest under the Arbitration Act, 1940, when the contract contains a clause barring interest on delayed payments. CASE TYPE: Arbitration Case Name: Reliance Cellulose Products Ltd. vs. Oil
Supreme Court Upholds Termination of Dealership: Indian Oil Corporation Ltd. vs. T. Natarajan (2018) Date of the Judgment: July 17, 2018 Citation: Indian Oil Corporation Ltd. & Anr. v. T. Natarajan, Civil Appeal No. 6748 of 2018, arising out of SLP (C) No. 33100 of 2015 Judges: Abhay Manohar Sapre, J., Uday Umesh Lalit, J.
Supreme Court on Right of First Refusal in Tender Process: National Highways Authority of India vs. Gwalior Jhansi Expressway Limited (2018) LEGAL ISSUE: Whether the Right of First Refusal (ROFR) can be exercised without participating in a tender process. CASE TYPE: Arbitration Law, Contract Law Case Name: National Highways Authority of India vs. Gwalior Jhansi
Supreme Court Upholds Arbitrator’s Power to Award Interest Pendente Lite: Raveechee and Co. vs. Union of India (2018) LEGAL ISSUE: Whether a clause in a contract barring interest on certain amounts also restricts an arbitrator’s power to award interest pendente lite. CASE TYPE: Arbitration Law. Case Name: M/s Raveechee and Co. vs. Union of India.
