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 Upholds Sale Deed Executed by Power of Attorney Holder: Amar Nath vs. Gian Chand (28 January 2022) LEGAL ISSUE: Whether a sale deed executed by a power of attorney holder is valid when the principal claims the power of attorney was cancelled before the sale. CASE TYPE: Civil Law – Property Dispute Case
Supreme Court Upholds MRTP Commission’s Decision on Unfair Trade Practices in Real Estate: B.B. Patel vs. DLF Universal Ltd. (2022) Date of the Judgment: 25 January 2022 Citation: 2022 INSC 912 Judges: L. Nageswara Rao, J., B.R. Gavai, J., B.V. Nagarathna, J. (authored by L. Nageswara Rao, J.) Can a real estate developer be held
Supreme Court Upholds Concurrent Findings on Gift Deed Validity: Keshav vs. Gian Chand (2022) Date of the Judgment: 24 January 2022 Citation: Civil Appeal No. 364 of 2022 Judges: M.R. Shah, J., and Sanjiv Khanna, J. Can a gift deed be considered valid if the donor’s intention is questionable? The Supreme Court of India addressed
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 allows leave to defend in money recovery suit: B.L. Kashyap vs. JMS Steels (2022) LEGAL ISSUE: Whether the defendant in a summary suit under Order XXXVII of the Code of Civil Procedure, 1908, is entitled to leave to defend when they assert they acted as an agent and not a principal in a
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 Allows Leave to Defend in Summary Suit: B.L. Kashyap and Sons Ltd. vs. JMS Steels and Power Corporation (2022) LEGAL ISSUE: Whether leave to defend should be granted in a summary suit under Order XXXVII of the Code of Civil Procedure, 1908. CASE TYPE: Civil (Commercial) Case Name: B.L. Kashyap and Sons Ltd.
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 Allows Leave to Defend in Summary Suit: B.L. Kashyap vs. JMS Steels (2022) Date of the Judgment: 18 January 2022 Citation: 2022 INSC 41 Judges: Justice Vineet Saran and Justice Dinesh Maheshwari Can a contractor be held liable in a summary suit for payments when the purchase orders were issued on behalf of
Supreme Court Settles Burden of Proof in Money Recovery Suits: Anita Rani vs. Ashok Kumar & Ors. (2021) LEGAL ISSUE: Burden of proof in money recovery suits where the defendant claims full and final settlement or gratuitous payment. CASE TYPE: Civil Case Name: Anita Rani vs. Ashok Kumar & Ors. [Judgment Date]: 16 December 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
