LEGAL ISSUE: Whether a clause in a construction contract can validly bar a contractor from claiming damages for delays caused by the employer. CASE TYPE: Arbitration Law Case Name: M/s. C & C Constructions Ltd. vs. IRCON International Ltd. [Judgment Date]: 31 January 2025 Date of the Judgment: 31 January 2025 Citation: 2025 INSC 138 […]
Supreme Court Clarifies Independence of Arbitrators in Public-Private Contracts (2024) LEGAL ISSUE: Whether an appointment process which allows a party who has an interest in the dispute to unilaterally appoint a sole arbitrator or curate a panel of arbitrators is valid in law. CASE TYPE: Arbitration Law Case Name: Central Organisation for Railway Electrification v.
Supreme Court Settles the Independence of Arbitrators in Public-Private Contracts (2024) Read Post »
Supreme Court on Specific Performance of Sale Agreements and Public Policy Date of the Judgment: 18 January 2022 Citation: (2022) INSC 380 Judges: K.M. Joseph, J., Pamidighantam Sri Narasimha, J. Can a contract that appears to violate public policy be enforced? The Supreme Court addressed this critical question in a case concerning the specific performance
Supreme Court on Enforceability of Agreements Violating Bangalore Development Authority Rules Date of the Judgment: 18 January 2022 Citation: (2022) INSC 512 Judges: K.M. Joseph, J., Pamidighantam Sri Narasimha, J. Can an agreement to sell, which violates the rules of the Bangalore Development Authority (BDA), be enforced? The Supreme Court recently addressed this question, examining
Supreme Court Upholds Restrictions on Property Transfer in Bangalore Development Authority Cases: G.T. Girish vs. Y. Subba Raju (2022) LEGAL ISSUE: Whether an agreement to sell a property allotted by the Bangalore Development Authority (BDA), entered into before the expiry of the stipulated non-alienation period, is enforceable. CASE TYPE: Civil Law, Specific Performance Case Name:
Supreme Court Orders Regularization of Teachers Appointed Under the Uttar Pradesh State Universities Act, 1973: Somesh Thapliyal vs. HNB Garhwal University (2021) LEGAL ISSUE: Whether teachers appointed through a regular selection process under the Uttar Pradesh State Universities Act, 1973, can be denied substantive appointments based on arbitrary contractual conditions imposed by the University. CASE
Date of the Judgment: 20 April 2021 Citation: 2021 INSC 208 Judges: R.F. Nariman, J., B.R. Gavai, J., Hrishikesh Roy, J. Can two Indian companies choose a foreign country as the seat of arbitration? The Supreme Court of India addressed this important question in a recent judgment, clarifying the scope of “foreign awards” under the
Supreme Court clarifies execution of arbitration award for land price fixation: Rajasthan Udyog vs. Hindustan Engineering (2020) INSC 257 LEGAL ISSUE: Whether an arbitration award that determines compensation for land under an agreement for sale can be executed as a suit for specific performance when the arbitration was only for price fixation. CASE TYPE: Arbitration
Supreme Court clarifies the need for reasoned awards in arbitration: Dyna Technologies vs. Crompton Greaves (2019) LEGAL ISSUE: The necessity of reasoned awards in arbitration proceedings. CASE TYPE: Arbitration Law Case Name: M/S. DYNA TECHNOLOGIES PVT. LTD. VERSUS M/S. CROMPTON GREAVES LTD. Judgment Date: 18 December 2019 Date of the Judgment: 18 December 2019 Citation:
LEGAL ISSUE: Whether an advocate can claim fees based on a percentage of the decretal amount and whether a cheque issued for such fees constitutes a legally enforceable debt.CASE TYPE: Professional Ethics, Negotiable Instruments Act Case Name: B. Sunitha vs. The State of Telangana & Anr. [Judgment Date]: 5th December, 2017 Can a lawyer demand
Can a development agreement compel a landowner to transfer land reserved for public use without compensation? The Supreme Court of India addressed this question in a case involving the Narayanrao Jagobaji Gowande Public Trust and the State of Maharashtra. The court examined whether such agreements are valid under the Indian Contract Act, 1872, and the
