Supreme Court Upholds Employee’s Right to Choose Employment Over Compensation in Compassionate Appointment Case LEGAL ISSUE: Whether a female dependent of a deceased employee has the right to choose employment over monetary compensation as per a bipartite agreement. CASE TYPE: Service Law/Compassionate Appointment Case Name: Smt. Subhadra vs. The Ministry of Coal and Anr. Judgment […]
Supreme Court awards compensation in lieu of specific performance: Urmila Devi vs. Mandir Shree Chamunda Devi (2018) LEGAL ISSUE: Whether compensation can be awarded in lieu of specific performance of a contract when the subject matter of the contract is acquired by the government. CASE TYPE: Civil Case Name: Urmila Devi and Others vs. The
LEGAL ISSUE: Whether a High Court can direct a fresh dealership to be awarded to an individual whose original dealership was cancelled due to irregularities. CASE TYPE: Civil Appeal Case Name: Indian Oil Corporation Ltd. & Ors. vs. Shashi Prabha Shukla & Anr. Judgment Date: 15 December 2017 Date of the Judgment: 15 December 2017
LEGAL ISSUE: What constitutes “similar work” in tender documents for construction projects? CASE TYPE: Contract Law, Tender Disputes Case Name: M/s Sam Built Well Pvt. Ltd. vs. Deepak Builders & Ors. Judgment Date: December 14, 2017 Introduction Can a court interfere with an expert committee’s decision on tender eligibility? The Supreme Court of India addressed
LEGAL ISSUE: Whether an arbitral tribunal can award interest on claims when the contract contains a clause prohibiting interest, and whether such an issue can be raised for the first time in appeal. CASE TYPE: Arbitration Law Case Name: Union of India vs. M/s. Susaka Pvt. Ltd. & Ors. Judgment Date: 08 December 2017 Date
LEGAL ISSUE: Whether contracts for the collection of “Tehbazari” and parking fees are considered leases under the Indian Stamp Act, 1899, and therefore subject to stamp duty as leases. CASE TYPE: Stamp Duty, Contract Law Case Name: Nasiruddin & Anr. Etc. vs. The State of Uttar Pradesh through Secretary & Ors. [Judgment Date]: 06 December
Can a High Court order the auction of personal properties of partners in a developer firm to recover dues for a housing project? The Supreme Court of India addressed this question in a recent case, concerning a dispute over infrastructure development in a residential colony. The Supreme Court set aside the High Court’s order, which
LEGAL ISSUE: Whether an arbitration award can be set aside due to fraud and violation of public policy. CASE TYPE: Arbitration Law Case Name: Venture Global Engineering LLC vs. Tech Mahindra Ltd & Anr. Judgment Date: November 1, 2017 Introduction Date of the Judgment: November 1, 2017 Citation: 2017 INSC 934 Judges: J. Chelameswar and
LEGAL ISSUE: Whether the Gujarat Electricity Regulatory Commission can extend the control period of a tariff order by using its inherent powers. CASE TYPE: Electricity Law, Contract Law, Regulatory Law Case Name: Gujarat Urja Vikas Nigam Limited vs. Solar Semiconductor Power Company (India) Private Limited and Others Judgment Date: 25 October 2017 Introduction Date of
LEGAL ISSUE: Whether basic pay of employees can be reduced upon absorption into a new company, when the terms of absorption guaranteed protection of existing pay and emoluments. CASE TYPE: Service Law. Case Name: Eastern Coalfields Ltd. & Ors. vs. Prativa Biswas & Ors. Judgment Date: 11 October 2017 Introduction Date of the Judgment: 11
LEGAL ISSUE: Whether a single arbitral tribunal can be constituted for multiple contracts arising from the same project, or if separate tribunals are required for each contract. CASE TYPE: Arbitration Law Case Name: M/s. Duro Felguera, S.A. vs. M/s. Gangavaram Port Limited Judgment Date: 10 October 2017 Introduction Date of the Judgment: 10 October 2017
Can a prior agreement to sell property be nullified by a subsequent sale? The Supreme Court of India addressed this question in a case involving a dispute over a house sale agreement. The Court examined the validity of competing agreements and the readiness of the parties to fulfill their obligations. This case highlights the importance
