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 a government body can privately negotiate the sale of public land after a public auction process has commenced and a change in land use has occurred. CASE TYPE: Civil (Land Auction Dispute) Case Name: Jaykrishna Industries Ltd. vs. State of Maharashtra and Others [Judgment Date]: November 13, 2017 Introduction Date of the
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
Date of the Judgment: 25 October 2017 Citation: (2017) INSC 923 Judges: R.K. Agrawal, J. and Abhay Manohar Sapre, J. Can a government body forfeit a security deposit when the terms of the auction were not fully disclosed? The Supreme Court of India addressed this question in a case involving a public auction of land.
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
LEGAL ISSUE: Interpretation of a Power Purchase Agreement (PPA) concerning the calculation of energy charges, specifically regarding the cost of coal. CASE TYPE: Contractual Dispute/Electricity Law. Case Name: Nabha Power Limited (NPL) vs. Punjab State Power Corporation Limited (PSPCL) & Anr. Judgment Date: 05 October 2017 Date of the Judgment: 05 October 2017 Citation: 2017
LEGAL ISSUE: Whether a suit for specific performance of a contract can be decreed when the defendants deny ownership of the property and the authority of the alleged power of attorney holder. CASE TYPE: Civil – Specific Performance of Contract Case Name: Dharmabiri Rana vs. Pramod Kumar Sharma (D) Thr. Lrs. & Anr. Judgment Date:
