Contract Law

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 Disposes of Punjab National Bank Appeal Based on Settlement: Satinder Kapur & Anr. (27 March 2018)

/ Civil Appeal, Civil Law, Deed of Settlement, Judges, Kurian Joseph, Mohan M. Shantanagoudar, Navin Sinha, Settlement

Supreme Court Disposes of Punjab National Bank Appeal Based on Settlement: Satinder Kapur & Anr. (2018) LEGAL ISSUE: Whether a settlement between parties can dispose of a pending appeal before the Supreme Court. CASE TYPE: Civil Appeal Case Name: Punjab National Bank vs. Satinder Kapur & Anr. Judgment Date: 27 March 2018 Date of the

Supreme Court Disposes of Punjab National Bank Appeal Based on Settlement: Satinder Kapur & Anr. (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 »

Supreme Court Clarifies Maritime Claims Against Chartered Vessels: Sunil B. Naik vs. Geowa Ve Commander (2018)

/ Admiralty Law, Admiralty Law with Section 5(b), Arrest of Ships, Charter Party Agreement, Contract Law, J. Chelameswar, Judges, Maritime Claims, Sanjay Kishan Kaul

Supreme Court Clarifies Maritime Claims Against Chartered Vessels: Sunil B. Naik vs. Geowa Ve Commander (2018) LEGAL ISSUE: Whether a maritime claim can be maintained against a ship owned by a third party when the claim arises from a contract with the charterer of the ship. CASE TYPE: Admiralty Law. Case Name: Sunil B. Naik

Supreme Court Clarifies Maritime Claims Against Chartered Vessels: Sunil B. Naik vs. Geowa Ve Commander (2018) Read Post »

Supreme Court clarifies payment appropriation in contract dispute: Kerala State Electricity Board vs. Kurien E. Kalathil (2018)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 7, Arbitration and Conciliation Act, 1996 with Section 89, Breach of contract, Code of Civil Procedure, Code of Civil Procedure with Order XXI Rule 1, Code of Civil Procedure with Section 34, Contract Act, Contract Act with Clause E1.079, Judges, R. Banumathi, Ranjan Gogoi

Supreme Court clarifies payment appropriation in contract dispute: Kerala State Electricity Board vs. Kurien E. Kalathil (2018) LEGAL ISSUE: Contractual payment appropriation and interest calculation CASE TYPE: Contract/Civil Case Name: Kerala State Electricity Board and Anr. vs. Kurien E. Kalathil and Anr. [Judgment Date]: 9 March 2018 Date of the Judgment: 9 March 2018 Citation:

Supreme Court clarifies payment appropriation in contract dispute: Kerala State Electricity Board vs. Kurien E. Kalathil (2018) Read Post »

Supreme Court clarifies price adjustment formula in highway contracts: National Highway Authority of India vs. M/S. ProgressiveMVR (JV) (23 February 2018)

/ A.K. Sikri, Arbitration, Arbitration and Conciliation Act, 1996, Arbitration with Section 34, Ashok Bhushan, Contract Law, Interpretation of Contracts, Judges, Price Adjustment Clause

Supreme Court Clarifies Price Adjustment Formula in Highway Contracts Date of the Judgment: 23 February 2018 Citation: Civil Appeal No. 458 of 2018 Judges: A.K. Sikri, J., Ashok Bhushan, J. Can a contractual clause be interpreted in a way that leads to unrealistic price adjustments? The Supreme Court of India recently addressed this question in

Supreme Court clarifies price adjustment formula in highway contracts: National Highway Authority of India vs. M/S. ProgressiveMVR (JV) (23 February 2018) Read Post »

Supreme Court clarifies incorporation of arbitration clauses by reference in construction contracts: Elite Engineering vs. Techtrans Construction (23 February 2018)

/ A.K. Sikri, Arbitration Agreement, Arbitration Law, Arbitration Law with Section 7, Ashok Bhushan, Construction Contracts, Contract Law, Incorporation by reference, Interpretation of Contracts, Judges

Supreme Court clarifies incorporation of arbitration clauses by reference: Elite Engineering vs. Techtrans Construction (2018) LEGAL ISSUE: Whether an arbitration clause from a main contract can be incorporated into a sub-contract by reference. CASE TYPE: Arbitration Law Case Name: M/S. Elite Engineering and Construction (Hyd.) Private Limited vs. M/S. Techtrans Construction India Private Limited Judgment

Supreme Court clarifies incorporation of arbitration clauses by reference in construction contracts: Elite Engineering vs. Techtrans Construction (23 February 2018) Read Post »

Supreme Court settles definition of “fuel” in Power Purchase Agreement: Natural Gas Only, excludes RLNG (16 February 2018)

/ Contract Law, Contract Law with Power Purchase Agreement, Energy Law, Energy Law with Petroleum and Natural Gas Regulatory Board Act, 2006, Fuel Regulations, Intention of Parties, Interpretation of Contracts, Judges, Navin Sinha, Rohinton Fali Nariman

Supreme Court Clarifies “Fuel” in Power Purchase Agreement: Natural Gas vs. RLNG LEGAL ISSUE: Interpretation of the term “fuel” in a Power Purchase Agreement (PPA) to determine if it includes Regasified Liquefied Natural Gas (RLNG). CASE TYPE: Contract Law, Energy Law. Case Name: Transmission Corporation of Andhra Pradesh Ltd. and Others vs. M/s. GMR Vemagiri

Supreme Court settles definition of “fuel” in Power Purchase Agreement: Natural Gas Only, excludes RLNG (16 February 2018) Read Post »

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