Contract Law

Supreme Court Upholds Compensation for Power Company Under SHAKTI Policy: MSEDCL vs. Adani Power (2023)

/ B.R. Gavai, Breach of contract, Contract Law, Contract Law with Change in Law, Electricity Law, Electricity Law with SHAKTI Policy, Judges, Power Purchase Agreement, Vikram Nath

Supreme Court Upholds Compensation for Power Company Under SHAKTI Policy: MSEDCL vs. Adani Power (2023) LEGAL ISSUE: Whether the SHAKTI Policy constitutes a “Change in Law” event entitling a power generating company to compensation under existing Power Purchase Agreements (PPAs). CASE TYPE: Electricity Law, Contract Law Case Name: Maharashtra State Electricity Distribution Company Limited vs. […]

Supreme Court Upholds Compensation for Power Company Under SHAKTI Policy: MSEDCL vs. Adani Power (2023) Read Post »

Supreme Court Upholds Change in Law Relief under SHAKTI Policy for Power Generators: Maharashtra State Electricity Distribution Company Limited vs. Adani Power Maharashtra Limited (20 April 2023)

/ B.R. Gavai, Change in Law, Contract Law, Electricity Act, 2003, Electricity Law, Interpretation of Contracts, Judges, Power Purchase Agreement, Restitution, Vikram Nath

Supreme Court Upholds Change in Law Relief under SHAKTI Policy for Power Generators LEGAL ISSUE: Whether the introduction of the SHAKTI Policy constitutes a ‘Change in Law’ event under Power Purchase Agreements (PPAs). CASE TYPE: Electricity Regulatory Law, Contract Law Case Name: Maharashtra State Electricity Distribution Company Limited vs. Adani Power Maharashtra Limited and Another

Supreme Court Upholds Change in Law Relief under SHAKTI Policy for Power Generators: Maharashtra State Electricity Distribution Company Limited vs. Adani Power Maharashtra Limited (20 April 2023) Read Post »

Supreme Court quashes debarment and penalty on transformer supplier: Isolators and Isolators vs. Madhya Pradesh Vidyut Vitran Company (2023)

/ Breach of contract, Contract Law, Contractual Penalties, Dinesh Maheshwari, Government Contracts, Judges, Natural Justice, Principles of Natural Justice, Sanjay Kumar, Show Cause Notice

Supreme Court quashes debarment and penalty on transformer supplier: Isolators and Isolators vs. Madhya Pradesh Vidyut Vitran Company (2023) LEGAL ISSUE: Whether a supplier can be debarred and penalized for non-supply of goods when the purchasing company deferred the delivery. CASE TYPE: Contract Law, Public Procurement Case Name: Isolators and Isolators Through Its Proprietor Mrs.

Supreme Court quashes debarment and penalty on transformer supplier: Isolators and Isolators vs. Madhya Pradesh Vidyut Vitran Company (2023) Read Post »

Supreme Court Quashes Debarment and Penalty for Transformer Supplier: Isolators and Isolators vs. Madhya Pradesh Vidyut Vitran Co. Ltd. (2023)

/ Adequate Notice, Breach of contract, Contract Law, Contract Law with Clauses of Contract, Dinesh Maheshwari, Fair Hearing, Judges, Principles of Natural Justice, Sanjay Kumar

Supreme Court Quashes Debarment and Penalty for Transformer Supplier: Isolators and Isolators vs. Madhya Pradesh Vidyut Vitran Co. Ltd. (2023) LEGAL ISSUE: Whether a supplier can be debarred and penalized without proper notice and consideration of circumstances. CASE TYPE: Contract Law, Public Procurement. Case Name: Isolators and Isolators Through Its Proprietor Mrs. Sandhya Mishra vs.

Supreme Court Quashes Debarment and Penalty for Transformer Supplier: Isolators and Isolators vs. Madhya Pradesh Vidyut Vitran Co. Ltd. (2023) Read Post »

Supreme Court Upholds Mandatory Penalty and Interest Under Gujarat Sales Tax Act: State of Gujarat vs. M/s Saw Pipes Ltd. (2023) INSC 355

/ B.V. Nagarathna, Gujarat Sales Tax Act, 1969, Gujarat Sales Tax Act, 1969 with Section 45, Gujarat Sales Tax Act, 1969 with Section 47, Interest, Judges, M.R. Shah, Penalty, Tax Law

Supreme Court Upholds Mandatory Penalty and Interest Under Gujarat Sales Tax Act: State of Gujarat vs. M/s Saw Pipes Ltd. (2023) INSC 355 LEGAL ISSUE: Whether penalty and interest under the Gujarat Sales Tax Act, 1969 can be waived based on a taxpayer’s bonafide belief and payment of the principal tax amount. CASE TYPE: Tax

Supreme Court Upholds Mandatory Penalty and Interest Under Gujarat Sales Tax Act: State of Gujarat vs. M/s Saw Pipes Ltd. (2023) INSC 355 Read Post »

Supreme Court Upholds Power Purchase Agreements in Renewable Energy Sector: Gujarat Urja Vikas Nigam Limited vs. Renew Wind Energy (Rajkot) Private Limited (2023)

/ Contract Law, Electricity Act, 2003, Electricity Act, 2003 with Section 181, Electricity Act, 2003 with Section 86, Judges, M.M. Sundresh, Power Purchase Agreements, S. Ravindra Bhat, Sanctity of Contracts, Sanjay Kishan Kaul, Tariff Determination

Supreme Court Upholds Power Purchase Agreements in Renewable Energy Sector: Gujarat Urja Vikas Nigam Limited vs. Renew Wind Energy (Rajkot) Private Limited (2023) LEGAL ISSUE: Whether a change in regulations regarding the pricing of renewable energy certificates (RECs) can retroactively alter the terms of existing Power Purchase Agreements (PPAs). CASE TYPE: Electricity Law, Contract Law

Supreme Court Upholds Power Purchase Agreements in Renewable Energy Sector: Gujarat Urja Vikas Nigam Limited vs. Renew Wind Energy (Rajkot) Private Limited (2023) Read Post »

Supreme Court clarifies liability for delay compensation in real estate project: Parsvnath Developers vs. Gagandeep Brar (2023)

/ A.S. Bopanna, Arbitration Awards, Arbitration Law, Consumer Forum, Consumer Law, Contract Law, Contract Law with Clause 9(c), Flat Buyer Agreements, Judges, M.R. Shah, Real Estate Disputes, Tripartite Agreements

Supreme Court clarifies liability for delay compensation in real estate project: Parsvnath Developers vs. Gagandeep Brar (2023) The Supreme Court of India clarifies the responsibility for paying compensation to homebuyers for project delays, addressing a dispute between a developer and a housing board. Can a real estate developer be solely liable for compensation to homebuyers

Supreme Court clarifies liability for delay compensation in real estate project: Parsvnath Developers vs. Gagandeep Brar (2023) Read Post »

Supreme Court clarifies compensation liability in real estate disputes: Parsvnath Developers vs. Gagandeep Brar (2023)

/ A.S. Bopanna, Arbitration Law, Contract Law, Contract Law with Clause 9(c), Enforcement of Award, Interpretation of Clauses, Judges, M.R. Shah

Supreme Court clarifies compensation liability in real estate disputes: Parsvnath Developers vs. Gagandeep Brar (2023) LEGAL ISSUE: Determining the apportionment of liability for compensation between a developer and a housing board in a real estate project delay. CASE TYPE: Consumer. Case Name: Parsvnath Developers Ltd. vs. Gagandeep Brar and Another. Judgment Date: 13 April 2023

Supreme Court clarifies compensation liability in real estate disputes: Parsvnath Developers vs. Gagandeep Brar (2023) Read Post »

Supreme Court settles arbitrability of disputes after settlement agreement in NTPC vs. SPML case (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 11(6), Contract Law, Dhananjaya Y Chandrachud, Dispute Resolution, Judges, Pamidighantam Sri Narasimha, Settlement Agreement

Supreme Court Settles Arbitrability of Disputes After Settlement Agreement in NTPC vs. SPML Case (2023) LEGAL ISSUE: Whether a dispute is arbitrable after a settlement agreement has been executed and acted upon by the parties. CASE TYPE: Arbitration Law Case Name: NTPC LTD. vs. M/S SPML INFRA LTD. Judgment Date: 10 April 2023 Date of

Supreme Court settles arbitrability of disputes after settlement agreement in NTPC vs. SPML case (2023) Read Post »

Supreme Court Upholds Compensation for Power Generator: Maharashtra State Electricity Distribution Company Limited vs. Rattan India Power Limited (27 March 2023)

/ Annual Contracted Quantity, B.R. Gavai, Coal Supply, Compensation for Change in Law, Contract Law, Electricity Law, Judges, Maharashtra Electricity Regulatory Commission, Vikram Nath

Supreme Court Upholds Compensation for Power Generator: Maharashtra State Electricity Distribution Company Limited vs. Rattan India Power Limited (2023) LEGAL ISSUE: Whether a power generator is entitled to compensation for the increased costs of procuring coal due to a change in law and whether the unutilized monthly coal quota can be carried forward. CASE TYPE:

Supreme Court Upholds Compensation for Power Generator: Maharashtra State Electricity Distribution Company Limited vs. Rattan India Power Limited (27 March 2023) Read Post »

Supreme Court Limits Arbitrator’s Power to Award Claims Beyond Final Bill: Union of India vs. Bharat Enterprise (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration Law, Arbitration Law with Section 16, Arbitration Law with Section 37, B.V. Nagarathna, Contract Law, Contract Law with Clauses 65 and 65A, Final Bill, Indian Contract Act, 1872, Indian Contract Act, 1872 with Sections 15 to 18, Judges, K.M. Joseph, Krishna Murari, No Claims Certificate

Supreme Court Limits Arbitrator’s Power to Award Claims Beyond Final Bill: Union of India vs. Bharat Enterprise (2023) LEGAL ISSUE: Whether an arbitrator can award claims not included in the final bill submitted by a contractor, especially when the contract prohibits such claims. CASE TYPE: Arbitration Law Case Name: Union of India & Ors. vs.

Supreme Court Limits Arbitrator’s Power to Award Claims Beyond Final Bill: Union of India vs. Bharat Enterprise (2023) Read Post »

Supreme Court Denies Freehold Conversion for Leased Land: Bhasin Infotech vs. State of Uttar Pradesh (2023)

/ Contract Law, Dinesh Maheshwari, Government Policy, J.K. Maheshwari, Judges, Lease Agreements, Tourism Policy, Transfer of Property Act, 1882 with Section 105

Supreme Court Denies Freehold Conversion for Leased Land: Bhasin Infotech vs. State of Uttar Pradesh (2023) Date of the Judgment: March 17, 2023 Citation: Not Available Judges: Dinesh Maheshwari, J. and J.K. Maheshwari, J. Can a company demand conversion of leasehold land to freehold based on a later government policy? The Supreme Court of India

Supreme Court Denies Freehold Conversion for Leased Land: Bhasin Infotech vs. State of Uttar Pradesh (2023) Read Post »

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