Contract Law

Supreme Court Upholds Bank Guarantee Invocation in Pollution Control Case: Andhra Pradesh Pollution Control Board vs. CCL Products (India) Limited (22 July 2019)

/ Compliance, Contract Law, Dhananjaya Y Chandrachud, Environment (Protection) Rules, 1986, Environmental Law, Independent Contracts, Indira Banerjee, Judges, Pollution Control, Standards, Water (Prevention and Control of Pollution) Act 1974

Supreme Court Upholds Bank Guarantee Invocation in Pollution Control Case Date of the Judgment: 22 July 2019 Citation: Civil Appeal No 7005 of 2017 Judges: Dr Dhananjaya Y Chandrachud, J and Indira Banerjee, J. The judgment was authored by Dr Dhananjaya Y Chandrachud, J. The Supreme Court of India recently addressed whether a bank guarantee […]

Supreme Court Upholds Bank Guarantee Invocation in Pollution Control Case: Andhra Pradesh Pollution Control Board vs. CCL Products (India) Limited (22 July 2019) Read Post »

Supreme Court Upholds Plaintiff’s Right to Choose Parties in Specific Performance Suit: Gurmit Singh Bhatia vs. Kiran Kant Robinson (2019)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 1 Rule 10, Contract Law, D.Y. Chandrachud, Impleadment of Parties, Judges, M.R. Shah, Specific Performance

Supreme Court Upholds Plaintiff’s Right to Choose Parties in Specific Performance Suit Date of the Judgment: July 17, 2019 Citation: Civil Appeal Nos. 5522-5523 of 2019 Judges: Dr. D.Y. Chandrachud, J., M.R. Shah, J. Can a third party, who purchased a property during the pendency of a suit for specific performance, be added as a

Supreme Court Upholds Plaintiff’s Right to Choose Parties in Specific Performance Suit: Gurmit Singh Bhatia vs. Kiran Kant Robinson (2019) Read Post »

Supreme Court Upholds Specific Performance of Sale Agreement: R Lakshmikantham vs Devaraji (2019)

/ Agreement to Sell, Contract Law, Judges, R.F. Nariman, Readiness and Willingness, Specific Performance, Surya Kant, Time is of the Essence, Transfer of Property Act, 1882

Supreme Court Upholds Specific Performance of Sale Agreement: R Lakshmikantham vs Devaraji (2019) LEGAL ISSUE: Whether time was of the essence in a sale agreement and whether the plaintiff was ready and willing to perform his part of the contract. CASE TYPE: Civil – Specific Performance of Contract Case Name: R Lakshmikantham vs Devaraji [Judgment

Supreme Court Upholds Specific Performance of Sale Agreement: R Lakshmikantham vs Devaraji (2019) Read Post »

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 »

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