Indian Contract Act, 1872 with Section 73

Supreme Court Clarifies Forfeiture of Earnest Money in SARFAESI Auctions: Central Bank of India vs. Shanmugavelu (2024) INSC 80 (2 February 2024)

/ Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 73, Indian Contract Act, 1872 with Section 74, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 13(4), SARFAESI Act, 2002 with Section 35, SARFAESI Act, 2002 with Section 37

Supreme Court Clarifies Forfeiture of Earnest Money in SARFAESI Auctions LEGAL ISSUE: Applicability of contract law principles to forfeiture of earnest money deposit under SARFAESI Act. CASE TYPE: Securitization and Asset Recovery Case Name: Central Bank of India vs. Shanmugavelu Judgment Date: 2 February 2024 Date of the Judgment: 2 February 2024 Citation: (2024) INSC […]

Supreme Court Clarifies Forfeiture of Earnest Money in SARFAESI Auctions: Central Bank of India vs. Shanmugavelu (2024) INSC 80 (2 February 2024) Read Post »

Loss of Profit Claims: Supreme Court clarifies evidence requirements in Unibros vs. All India Radio (2023)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 73

Supreme Court on Loss of Profit Claims in Contract Delays: Unibros vs. All India Radio (2023) LEGAL ISSUE: What constitutes sufficient evidence for a claim of loss of profit due to delays in contract execution? CASE TYPE: Arbitration Law Case Name: M/s Unibros vs. All India Radio [Judgment Date]: 19th October 2023 Date of the

Loss of Profit Claims: Supreme Court clarifies evidence requirements in Unibros vs. All India Radio (2023) Read Post »

Supreme Court Clarifies Scope of “Charges” in FCI Contracts: Food Corporation of India vs. Abhijit Paul (2022)

/ A.S. Bopanna, Contract Law, Government Contracts, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 73, Interpretation of Contracts, Judges, Pamidighantam Sri Narasimha

Supreme Court Clarifies Scope of “Charges” in FCI Contracts: Food Corporation of India vs. Abhijit Paul (2022) LEGAL ISSUE: Interpretation of contractual terms, specifically the meaning of “charges” in the context of liability for demurrages. CASE TYPE: Contract Law, specifically concerning government contracts. Case Name: Food Corporation of India & Ors. vs. Abhijit Paul [Judgment

Supreme Court Clarifies Scope of “Charges” in FCI Contracts: Food Corporation of India vs. Abhijit Paul (2022) Read Post »

Supreme Court Denies Damages in Contract Dispute: Universal Petro Chemicals Ltd. vs. B.P. PLC (2022)

/ B.R. Gavai, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 73, Judges, L. Nageswara Rao, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 14, Specific Relief Act, 1963 with Section 21

Supreme Court Denies Damages in Contract Dispute: Universal Petro Chemicals Ltd. vs. B.P. PLC (2022) LEGAL ISSUE: Whether damages can be awarded in a suit for specific performance of contract when not specifically pleaded. CASE TYPE: Contract Law, Specific Relief Case Name: Universal Petro Chemicals Ltd. vs. B.P. PLC and Others Judgment Date: 18 February

Supreme Court Denies Damages in Contract Dispute: Universal Petro Chemicals Ltd. vs. B.P. PLC (2022) Read Post »

Supreme Court clarifies contract formation: Conditional Acceptance and Counter-Offers in Padia Timber Case (2021)

/ Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 4, Indian Contract Act, 1872 with Section 7, Indian Contract Act, 1872 with Section 73, Indira Banerjee, Judges, Navin Sinha

Supreme Court Clarifies Contract Formation: Conditional Acceptance and Counter-Offers in Padia Timber Case (2021) LEGAL ISSUE: Whether a contract is formed when a conditional offer is met with a further condition, regardless of whether the original offeror accepts the new condition. CASE TYPE: Contract Law Case Name: M/s. Padia Timber Company(P) Ltd. vs. The Board

Supreme Court clarifies contract formation: Conditional Acceptance and Counter-Offers in Padia Timber Case (2021) Read Post »

Supreme Court Orders Interest on Refund for Unusable Shipbreaking Plot: Gujarat Maritime Board vs. Asiatic Steel Industries Ltd. (2020)

/ Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 64, Indian Contract Act, 1872 with Section 65, Indian Contract Act, 1872 with Section 73, Indira Banerjee, Judges, S. Ravindra Bhat

Supreme Court Orders Interest on Refund for Unusable Shipbreaking Plot: Gujarat Maritime Board vs. Asiatic Steel Industries Ltd. (2020) LEGAL ISSUE: Whether a party is entitled to interest on a refund of contract consideration when a contract is not fulfilled due to the other party’s inaction. CASE TYPE: Contract Law, Writ Jurisdiction Case Name: Chief

Supreme Court Orders Interest on Refund for Unusable Shipbreaking Plot: Gujarat Maritime Board vs. Asiatic Steel Industries Ltd. (2020) Read Post »

Supreme Court clarifies the need for reasoned awards in arbitration: Dyna Technologies vs. Crompton Greaves (2019)

/ Ajay Rastogi, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 31(3), Arbitration and Conciliation Act, 1996 with Section 34, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 23, Indian Contract Act, 1872 with Section 73, Judges, Mohan M. Shantanagoudar, N.V. Ramana

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:

Supreme Court clarifies the need for reasoned awards in arbitration: Dyna Technologies vs. Crompton Greaves (2019) Read Post »

Supreme Court Clarifies Applicability of Quantum Meruit under Section 70 of the Contract Act: Mahanagar Telephone Nigam Ltd. vs. Tata Communications Ltd. (27 February 2019)

/ Contract Law, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 70, Indian Contract Act, 1872 with Section 73, Indian Contract Act, 1872 with Section 74, Judges, Liquidated Damages, Quantum Meruit, R.F. Nariman, Vineet Saran

Supreme Court Clarifies Applicability of Quantum Meruit under Section 70 of the Contract Act: Mahanagar Telephone Nigam Ltd. vs. Tata Communications Ltd. (2019) LEGAL ISSUE: Whether a claim under Section 70 of the Indian Contract Act, 1872 (quantum meruit) is permissible when parties are governed by a contract. CASE TYPE: Contract Law Case Name: Mahanagar

Supreme Court Clarifies Applicability of Quantum Meruit under Section 70 of the Contract Act: Mahanagar Telephone Nigam Ltd. vs. Tata Communications Ltd. (27 February 2019) 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 »

Supreme Court Denies Damages for Wrongful Termination: Kanchan Udyog Ltd. vs. United Spirits Ltd. (2017)

/ Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 62, Indian Contract Act, 1872 with Section 73, Indian Contract Act, 1872 with Section 8, Judges, Navin Sinha, Ranjan Gogoi

LEGAL ISSUE: Whether a party can claim damages for loss of anticipated profits and costs for plant installation after a contract termination. CASE TYPE: Contract Law, Commercial Dispute Case Name: Kanchan Udyog Limited vs. United Spirits Limited [Judgment Date]: June 19, 2017 Introduction Date of the Judgment: June 19, 2017 Citation: [Not Available in Source]

Supreme Court Denies Damages for Wrongful Termination: Kanchan Udyog Ltd. vs. United Spirits Ltd. (2017) Read Post »

Contract Formation: Supreme Court Decides on Proposal and Counter-Proposal in Vedanta Ltd. vs. Emirates Trading Agency LLC (21 April 2017)

/ Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 7, Indian Contract Act, 1872 with Section 73, Judges, Navin Sinha, Ranjan Gogoi

Can a contract be formed if there is a proposal and a counter-proposal? The Supreme Court of India addressed this question in a case involving a dispute over a supply agreement. This case clarifies the essential elements required for a valid contract under the Indian Contract Act, 1872. The Court ultimately ruled that no contract

Contract Formation: Supreme Court Decides on Proposal and Counter-Proposal in Vedanta Ltd. vs. Emirates Trading Agency LLC (21 April 2017) Read Post »

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