Supreme Court Clarifies “Overcharge” vs. “Illegal Charge” in Railway Freight: Union of India vs. Indian Oil Corporation Ltd. (2024) Date of the Judgment: 21 March 2024 Citation: 2024 INSC 243 Judges: J.B. Pardiwala, J., Sandeep Mehta, J. Can a railway administration charge freight based on a distance that is later found to be incorrect? The […]
Supreme Court Clarifies Liability of Legal Heirs in Development Agreements: Vinayak Dube Case (2024) LEGAL ISSUE: Liability of legal representatives for obligations under a development agreement. CASE TYPE: Consumer Law Case Name: Vinayak Purshottam Dube (Deceased) Through LRs vs. Jayashree Padamkar Bhat & Others [Judgment Date]: 01 March 2024 Date of the Judgment: 01 March
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 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
Supreme Court sets aside specific performance decree due to Limitation Act: A. Valliammai vs. K.P. Murali (2023) LEGAL ISSUE: Whether the suit for specific performance was barred by limitation under Article 54 of the Limitation Act, 1963. CASE TYPE: Civil (Specific Performance) Case Name: A. Valliammai vs. K.P. Murali and Others [Judgment Date]: September 12,
Supreme Court Clarifies Tax on Warranty Replacements in Automobile Sales (2023) LEGAL ISSUE: Whether credit notes issued by manufacturers to dealers for replacing defective auto parts under warranty are subject to sales tax. CASE TYPE: Sales Tax Law Case Name: M/s. Tata Motors Ltd. vs. The Deputy Commissioner of Commercial Taxes(SPL) & Anr. [Judgment Date]:
Supreme Court Upholds Termination of Dealership Contract: Indian Oil Corporation Ltd. vs. M/S. Sathyanarayana Service Station (2023) LEGAL ISSUE: Whether a dealership agreement can be terminated by either party by giving a three-month notice, and if such termination requires acceptance by the other party. CASE TYPE: Contract Law, Arbitration Law. Case Name: Indian Oil Corporation
Supreme Court Upholds Termination of Dealership Contract: Indian Oil Corporation Ltd. vs. M/S. Sathyanarayana Service Station (2023) LEGAL ISSUE: Whether a dealership agreement can be terminated by either party by giving a three-month notice, and whether the acceptance of such a notice is required for termination. CASE TYPE: Contract Law, Arbitration Case Name: Indian Oil
Supreme Court Clarifies Rights of Secured Creditors in Insolvency: Vistra ITCL vs. Dinkar Venkatasubramanian (2023) LEGAL ISSUE: What are the rights of a secured creditor holding pledged shares in the context of the Insolvency and Bankruptcy Code, 2016 (IBC)? CASE TYPE: Insolvency Law Case Name: M/S VISTRA ITCL (INDIA) LTD & ORS. vs. MR. DINKAR
Supreme Court Clarifies Rights of Secured Creditors with Pledged Shares in Insolvency Cases LEGAL ISSUE: Whether a secured creditor holding pledged shares of a corporate debtor can be considered a financial creditor or operational creditor under the Insolvency and Bankruptcy Code, 2016 (IBC), and how their interests should be protected in a resolution plan. CASE
Date of the Judgment: 25 April 2023 Citation: INSC 368 of 2023 Judges: K.M. Joseph, J., Aniruddha Bose, J., Ajay Rastogi, J., Hrishikesh Roy, J., and C.T. Ravikumar, J. (Majority opinion by K.M. Joseph, J. with a concurring opinion by C.T. Ravikumar, J. and dissenting opinions by Ajay Rastogi, J. and Hrishikesh Roy, J.) Can
Date of the Judgment: 06 April 2023 Citation: Not Available in the source Judges: K.M. Joseph, J. and B.V. Nagarathna, J. Can a power generating company claim compensation for increased costs due to a change in interpretation of law or due to errors in reports provided during the bidding process? The Supreme Court of India
