Contract Law

Supreme Court Upholds Land Allotment Cancellation: RIICO vs. Diamond and Gem Development Corporation (2013)

Date of the Judgment: February 12, 2013 Citation: 2013 INSC 102 Judges: Dr. B. S. Chauhan, J. and V. Gopala Gowda, J. Can a company that fails to develop land as per the lease agreement, still claim rights to it? The Supreme Court of India addressed this question in a case between the Rajasthan State […]

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Supreme Court Upholds Rejection of Forged Lease, Reinforces Article 14: Usha Mehta vs. Government of Andhra Pradesh (2012)

Date of the Judgment: October 16, 2012 Citation: (2012) INSC 642 Judges: Justice G.S. Singhvi and Justice Sudhansu Jyoti Mukhopadhaya Can a forged lease document grant any legal rights? The Supreme Court of India addressed this crucial question in a case involving a disputed land lease. The court upheld the decision of the Andhra Pradesh

Supreme Court Upholds Rejection of Forged Lease, Reinforces Article 14: Usha Mehta vs. Government of Andhra Pradesh (2012) Read Post »

Supreme Court settles jurisdiction of arbitrator in construction contract disputes: Asian Techs Ltd. vs. Union of India (2009)

Date of the Judgment: 07th September 2009 Citation: Where available, provide the case citation in the Indian Supreme Court (INSC) format. Judges: Markandey Katju, J., Asok Kumar Ganguly, J. When disputes arise in construction contracts, can an arbitrator’s decision be challenged if it seems to contradict clauses in the original agreement? The Supreme Court of

Supreme Court settles jurisdiction of arbitrator in construction contract disputes: Asian Techs Ltd. vs. Union of India (2009) Read Post »

Supreme Court allows release of properties in full settlement of dues: C.R. Patil vs. State of Gujarat (2008)

Date of the Judgment: October 3, 2008 Judges: C.K. Thakker, J., D. K. Jain, J. The Supreme Court addressed the issue of releasing properties attached as collateral after a full and final settlement (One Time Settlement – OTS) had been reached and honored by the appellant. This case examines the implications of such settlements on

Supreme Court allows release of properties in full settlement of dues: C.R. Patil vs. State of Gujarat (2008) Read Post »

Supreme Court settles the scope of Unfair Trade Practice under MRTP Act in commercial disputes: Philips Medical Systems vs. Indian MRI Diagnostic (29 September 2008)

Introduction Date of the Judgment: 29 September 2008 Judges: Markandey Katju, J., Altamas Kabir, J. Citation: Civil Appeal No. 2461 of 2006, with C.A. 5889/2008 @ SLP (Civil) No. 6325 of 2006 When does a commercial disagreement become an unfair trade practice? The Supreme Court of India addressed this question in a dispute between Philips

Supreme Court settles the scope of Unfair Trade Practice under MRTP Act in commercial disputes: Philips Medical Systems vs. Indian MRI Diagnostic (29 September 2008) Read Post »

Supreme Court settles the arbitrability of disputes after a full and final discharge voucher: National Insurance Co. Ltd. vs. M/s. Boghara Polyfab Pvt. Ltd. (2008)

Date of the Judgment: September 18, 2008 Citation: National Insurance Co. Ltd. vs. M/s. Boghara Polyfab Pvt. Ltd. [2008] INSC 1437 Judges: R.V. Raveendran, J., Lokeshwar Singh Panta, J. Can a dispute be referred to arbitration after an insured party has issued a full and final discharge voucher to the insurer? The Supreme Court, in

Supreme Court settles the arbitrability of disputes after a full and final discharge voucher: National Insurance Co. Ltd. vs. M/s. Boghara Polyfab Pvt. Ltd. (2008) Read Post »

Supreme Court clarifies the applicability of Section 5(2) of the Central Sales Tax Act in import-related sales: Commissioner of Sales Tax vs. M/s. Tata Iron & Steel Co. Ltd. (2008)

Date of the Judgment: September 16, 2008 Judges: S.H. Kapadia, J. and B. Sudershan Reddy, J. When does a sale occasion the import of goods, thus falling under the purview of Section 5(2) of the Central Sales Tax Act, 1956? This question was at the heart of a dispute between the Commissioner of Sales Tax

Supreme Court clarifies the applicability of Section 5(2) of the Central Sales Tax Act in import-related sales: Commissioner of Sales Tax vs. M/s. Tata Iron & Steel Co. Ltd. (2008) Read Post »

Supreme Court Clarifies Arbitrability of Liquidated Damages in Government Contracts: BSNL vs. Motorola (2008)

Introduction Date of the Judgment: September 15, 2008 Citation: Civil Appeal No. 5645 of 2008 [Arising out of SLP(C) No. 3459 of 2007] Judges: Tarun Chatterjee, J., Lokeshwar Singh Panta, J. When can a dispute be resolved outside of court-ordered arbitration? The Supreme Court of India addressed this question in a case between Bharat Sanchar

Supreme Court Clarifies Arbitrability of Liquidated Damages in Government Contracts: BSNL vs. Motorola (2008) Read Post »

Supreme Court Upholds High Court’s Decision on Discharge of Bond for Medical Disability: Union of India vs. Priyankan Sharan (2008)

Introduction Date of the Judgment: September 8, 2008 Citation: Civil Appeal No. 5539 of 2008 (Arising out of SLP (C) No. 25514 of 2004) Judges: Dr. Arijit Pasayat, J. and S.H. Kapadia, J. Can a medical cadet, who executed a bond to serve the nation after completing their MBBS, be discharged from the bond due

Supreme Court Upholds High Court’s Decision on Discharge of Bond for Medical Disability: Union of India vs. Priyankan Sharan (2008) Read Post »

Supreme Court holds Periyar & Pareekanni Rubbers Ltd. liable for sales tax dues as an agent of its lessee: Periyar & Pareekanni Rubbers Ltd. vs. State of Kerala (2008)

Date of the Judgment: March 7, 2008 Citation: Civil Appeal Nos. 1804-1807 of 2008 (Arising out of SLP (C) Nos. 18346 – 18349 of 2004) Judges: S.B. Sinha, J., Harjit Singh Bedi, J. Can a lessor be held responsible for the sales tax dues of its lessee if the lessee defaults? The Supreme Court of

Supreme Court holds Periyar & Pareekanni Rubbers Ltd. liable for sales tax dues as an agent of its lessee: Periyar & Pareekanni Rubbers Ltd. vs. State of Kerala (2008) Read Post »

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