Indian Contract Act, 1872 with Section 74

Supreme Court Upholds High Court Decision on Damages for Non-Performing Machinery: Sahakarmaharshi Bhausaheb Thorat vs. Thyssenkrupp (2025)

Introduction Date of the Judgment: February 14, 2025 Citation: 2025 INSC 219 Judges: Abhay S. Oka, J., Ujjal Bhuyan, J. When a plant doesn’t perform as promised, who bears the cost? The Supreme Court of India addressed this critical question in a dispute over non-performing machinery supplied for a continuous fermentation process. The court examined […]

Supreme Court Upholds High Court Decision on Damages for Non-Performing Machinery: Sahakarmaharshi Bhausaheb Thorat vs. Thyssenkrupp (2025) Read Post »

Supreme Court limits forfeiture of earnest money in real estate contracts: Godrej Projects vs. Anil Karlekar (2025)

LEGAL ISSUE: Whether a real estate developer can forfeit 20% of the basic sale price as earnest money upon cancellation of an apartment booking by the buyer. CASE TYPE: Consumer Law Case Name: Godrej Projects Development Limited vs. Anil Karlekar & Ors. [Judgment Date]: February 3, 2025 Date of the Judgment: February 3, 2025 Citation:

Supreme Court limits forfeiture of earnest money in real estate contracts: Godrej Projects vs. Anil Karlekar (2025) Read Post »

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

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 »

Supreme Court Clarifies Liquidated Damages and Time Essence in Contracts: Welspun vs. ONGC (2021)

Supreme Court Clarifies Liquidated Damages and Time Essence in Contracts: Welspun vs. ONGC (2021) LEGAL ISSUE: Whether time was of the essence in the contract and the validity of imposing liquidated damages. CASE TYPE: Contract Law, Arbitration Case Name: Welspun Specialty Solutions Limited vs. Oil and Natural Gas Corporation Ltd. Judgment Date: 13 November 2021

Supreme Court Clarifies Liquidated Damages and Time Essence in Contracts: Welspun vs. ONGC (2021) 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)

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 rules against forfeiture of security deposit in auction case: Suresh Kumar Wadhwa vs. State of M.P. (25 October 2017)

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.

Supreme Court rules against forfeiture of security deposit in auction case: Suresh Kumar Wadhwa vs. State of M.P. (25 October 2017) Read Post »

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