Contract Law

Supreme Court Partially Allows Appeals Regarding Advocate Fee Dispute: Insurance Companies to Adhere to 2009 and 2014 GIPSA Fee Schedules

/ A.K. Sikri, Ashok Bhushan, Contract Law, Contractual Disputes, Judges, Public Interest Litigation

Insurance Companies’ Advocate Fee Dispute: Supreme Court Partially Allows Appeals LEGAL ISSUE: Whether the High Court can intervene in a contractual dispute between insurance companies and their empanelled advocates regarding fee payment through a Public Interest Litigation (PIL). CASE TYPE: Civil Appellate Jurisdiction Case Name: United India Insurance Co. Ltd. vs. [Respondent] (and other connected […]

Supreme Court Partially Allows Appeals Regarding Advocate Fee Dispute: Insurance Companies to Adhere to 2009 and 2014 GIPSA Fee Schedules Read Post »

Supreme Court Clarifies Interconnected Agreements in Arbitration: Ameet Lalchand Shah vs. Rishabh Enterprises (2018)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 8, Breach of contract, Commercial Contracts, Contract Law, Interconnected Agreements, Judges, R. Banumathi, Ranjan Gogoi

Supreme Court Clarifies Interconnected Agreements in Arbitration: Ameet Lalchand Shah vs. Rishabh Enterprises (2018) LEGAL ISSUE: Whether multiple agreements related to a single commercial project can be referred to arbitration even if not all agreements contain an arbitration clause. CASE TYPE: Arbitration Law Case Name: Ameet Lalchand Shah and Others vs. Rishabh Enterprises and Another

Supreme Court Clarifies Interconnected Agreements in Arbitration: Ameet Lalchand Shah vs. Rishabh Enterprises (2018) Read Post »

Supreme Court Clarifies Arbitration Clause in Insurance Policy Disputes: Oriental Insurance vs. Narbheram Power (2018)

/ A.M. Khanwilkar, Arbitration Clause, Arbitration Law, Clause 13, Insurance Policy, Contract Law, D.Y. Chandrachud, Dipak Misra, Insurance Law, Interpretation of Contracts, Judges, Repudiation of Claim, Section 11(6), Arbitration and Conciliation Act, 1996

Supreme Court Clarifies Arbitration Clause in Insurance Policy Disputes: Oriental Insurance vs. Narbheram Power (2018) LEGAL ISSUE: Interpretation of arbitration clauses in insurance policies, specifically when the insurer denies liability. CASE TYPE: Arbitration Law, Insurance Law Case Name: Oriental Insurance Company Limited vs. M/s Narbheram Power and Steel Pvt. Ltd. Judgment Date: May 02, 2018

Supreme Court Clarifies Arbitration Clause in Insurance Policy Disputes: Oriental Insurance vs. Narbheram Power (2018) Read Post »

Supreme Court settles property reconveyance dispute in civil appeal: R. Srinivasan vs. V. Chandrasekaran (19 April 2018)

/ Agreement, Contract Law, Judges, Kurian Joseph, Mohan M. Shantanagoudar, Navin Sinha, Property Law, Reconveyance of Property

Supreme Court Settles Property Reconveyance Dispute: R. Srinivasan vs. V. Chandrasekaran (2018) LEGAL ISSUE: Dispute on reconveyance of property. CASE TYPE: Civil Appeal. Case Name: R. Srinivasan vs. V. Chandrasekaran Judgment Date: 19 April 2018 Introduction Date of the Judgment: 19 April 2018 Citation: Not Available Judges: Justice Kurian Joseph, Justice Mohan M. Shantanagoudar, and

Supreme Court settles property reconveyance dispute in civil appeal: R. Srinivasan vs. V. Chandrasekaran (19 April 2018) Read Post »

Supreme Court Upholds Contractual Bar on Wage Escalation: Union of India vs. Varindera Constructions Ltd. (2018)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 5, Ashok Bhushan, Contract Law, Government Contracts, Interpretation of Contracts, Judges, R.K. Agrawal

Supreme Court Upholds Contractual Bar on Wage Escalation: Union of India vs. Varindera Constructions Ltd. (2018) LEGAL ISSUE: Whether a contractor can claim additional costs for increased labor wages due to statutory hikes, despite a contractual clause prohibiting such claims. CASE TYPE: Arbitration Law Case Name: Union of India vs. M/s. Varindera Constructions Ltd. [Judgment

Supreme Court Upholds Contractual Bar on Wage Escalation: Union of India vs. Varindera Constructions Ltd. (2018) Read Post »

Supreme Court Appoints Arbitrator in IBI Consultancy vs. DSC Limited Dispute (2018)

/ Appointment of Arbitrator, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 2(1)(f), Contract Interpretation, Contract Law, Judges, R.K. Agrawal, S. Abdul Nazeer

Supreme Court Appoints Arbitrator in IBI Consultancy vs. DSC Limited Dispute (2018) LEGAL ISSUE: Appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. CASE TYPE: Arbitration Case Name: IBI Consultancy India Private Limited vs. DSC Limited [Judgment Date]: April 16, 2018 Introduction Date of the Judgment: April 16, 2018 Citation:

Supreme Court Appoints Arbitrator in IBI Consultancy vs. DSC Limited Dispute (2018) Read Post »

Supreme Court Upholds Property Rights: Andhra Pradesh Industrial Infrastructure Corporation vs. S.N. Raj Kumar (2018)

/ A.K. Sikri, Ashok Bhushan, Contract Law, Indian Contract Act, 1872, Judges, Property Law, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 10, Transfer of Property Act, 1882 with Section 5, Transfer of Property Act, 1882 with Section 8

Supreme Court Upholds Property Rights: Andhra Pradesh Industrial Infrastructure Corporation vs. S.N. Raj Kumar (2018) LEGAL ISSUE: Whether a seller can enforce conditions from an allotment letter after executing a sale deed, transferring absolute ownership of property. CASE TYPE: Property Law/Contract Law Case Name: The Andhra Pradesh Industrial Infrastructure Corporation Limited and Others vs. S.N.

Supreme Court Upholds Property Rights: Andhra Pradesh Industrial Infrastructure Corporation vs. S.N. Raj Kumar (2018) Read Post »

Supreme Court Upholds Penalty but Reverses Contract Termination in Power Purchase Dispute

/ Contract Law, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 73, Judges, Power Purchase Agreement, R. Banumathi, Ranjan Gogoi

Supreme Court Upholds Penalty but Reverses Contract Termination in Power Purchase Dispute LEGAL ISSUE: Whether a power purchase agreement can be terminated for delays when the agreement provides for penalties for such delays. CASE TYPE: Contract Law, Power Purchase Agreement Case Name: M.P. Power Management Company Ltd. vs. Renew Clean Energy Pvt. Ltd. & Anr.

Supreme Court Upholds Penalty but Reverses Contract Termination in Power Purchase Dispute Read Post »

Himachal Pradesh Tourism Development Corporation Lease Dispute: Supreme Court Intervention in Property Lease (28 March 2018)

/ A.M. Khanwilkar, Contract Law, Contract Law with Breach of Contract, Dipak Misra, Himachal Pradesh Municipal Corporation Act, 1994, Himachal Pradesh Municipal Corporation Act, 1994 with Section 157, Judges, Lease Agreements

Himachal Pradesh Tourism Development Corporation Lease Dispute: Supreme Court Judgment (2018) Date of the Judgment: 28 March 2018 Citation: (2018) INSC 229 Judges: Dipak Misra, CJI, A.M. Khanwilkar, J. Can a High Court order a public tender for a property that is already under a valid lease agreement? The Supreme Court of India addressed this

Himachal Pradesh Tourism Development Corporation Lease Dispute: Supreme Court Intervention in Property Lease (28 March 2018) Read Post »

Supreme Court Reverses Specific Performance Decree: Meenakshisundaram vs. Vijayakumar (2018)

/ Contract Law, Judges, R. Banumathi, Readiness and Willingness, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16(c), Uday Umesh Lalit

Supreme Court Reverses Specific Performance Decree: Meenakshisundaram vs. Vijayakumar (2018) Date of the Judgment: March 28, 2018 Citation: (2018) INSC 237 Judges: R. Banumathi, J., Uday Umesh Lalit, J. Can a buyer obtain specific performance of a sale agreement if they fail to demonstrate continuous readiness and willingness to complete the purchase? The Supreme Court

Supreme Court Reverses Specific Performance Decree: Meenakshisundaram vs. Vijayakumar (2018) Read Post »

Supreme Court Upholds Expert Evaluation in Ujjain Waste Management Tender Case: Municipal Corporation, Ujjain & Anr. vs. BVG India Limited and Ors. (27 March 2018)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 226, Contract Law, Judges, Judicial Review of Contracts, Mohan M. Shantanagoudar, R. Banumathi, Ranjan Gogoi, Tender Process

Supreme Court Upholds Expert Evaluation in Ujjain Waste Management Tender Case Date of the Judgment: 27 March 2018 Citation: 2018 INSC 247 Judges: Ranjan Gogoi, J., R. Banumathi, J., Mohan M. Shantanagoudar, J. Can a High Court interfere with the technical evaluation of a tender process conducted by an expert body? The Supreme Court of

Supreme Court Upholds Expert Evaluation in Ujjain Waste Management Tender Case: Municipal Corporation, Ujjain & Anr. vs. BVG India Limited and Ors. (27 March 2018) Read Post »

Supreme Court Reduces Compensation in Real Estate Dispute: Fortune Infrastructure vs. Trevor D’Lima (2018)

/ Breach of contract, Consumer Protection Act, 1986, Consumer Protection Act, 1986 with Section 2(1)(g), Contract Law, Damages, Deficiency in Service, Judges, N.V. Ramana, S. Abdul Nazeer

Supreme Court Reduces Compensation in Real Estate Dispute: Fortune Infrastructure vs. Trevor D’Lima (2018) LEGAL ISSUE: Determination of fair compensation for deficiency in service in a real estate contract breach. CASE TYPE: Consumer Case Name: M/s. Fortune Infrastructure (Now Known as M/s. Hicon Infrastructure) & Anr. vs. Trevor D’Lima & Ors. [Judgment Date]: 12 March

Supreme Court Reduces Compensation in Real Estate Dispute: Fortune Infrastructure vs. Trevor D’Lima (2018) Read Post »

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