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 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
Supreme Court Clarifies the Scope of Section 138 NI Act in Cases of Settlement: Gimpex Private Limited vs. Manoj Goel (2021) INSC 580 (08 October 2021) LEGAL ISSUE: Whether parallel prosecutions can be initiated under Section 138 of the Negotiable Instruments Act, 1881, for the same underlying liability when a settlement agreement has been made
Supreme Court Upholds Tenure-Based Appointment in CPRI: Union of India vs. N Murugesan (2021) LEGAL ISSUE: Whether a tenure-based appointment through direct recruitment is valid under the Central Power Research Institute (CPRI) rules. CASE TYPE: Service Law. Case Name: Union of India & Others vs. N Murugesan ETC. Judgment Date: 07 October 2021 Introduction Date
Supreme Court Upholds Contractual Bar on Pendente Lite Interest in Arbitration: Garg Builders vs. BHEL (2021) LEGAL ISSUE: Whether an arbitrator can award pendente lite interest when the contract between the parties explicitly bars it. CASE TYPE: Arbitration Law Case Name: Garg Builders vs. Bharat Heavy Electricals Limited [Judgment Date]: October 4, 2021 Introduction Date
Supreme Court Upholds Sale Deed Despite Claims of Misrepresentation: Placido Francisco Pinto vs. Jose Francisco Pinto (2021) Date of the Judgment: September 30, 2021 Citation: 2021 INSC 711 Judges: Hemant Gupta, J. and V. Ramasubramanian, J. Can a registered sale deed be invalidated based on claims of misrepresentation and lack of consideration, especially when the
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
Supreme Court Clarifies Contract Formation in Tender Cases: South Eastern Coalfields Ltd. vs. M/s. S. Kumar’s Associates (2021) LEGAL ISSUE: Whether a contract is formed when a Letter of Intent (LoI) is issued and some preliminary steps are taken, but the formal contract is not executed and the required security deposit and integrity pact are
Supreme Court Clarifies the Bar on Suits Challenging Compromise Decrees: R. Janakiammal vs. S.K. Kumarasamy (2021) LEGAL ISSUE: Whether a separate suit can be filed to challenge a compromise decree. CASE TYPE: Civil Property Dispute Case Name: R. Janakiammal vs. S.K. Kumarasamy(Deceased) Through Legal Representatives and Others Judgment Date: 30 June 2021 Date of the
Supreme Court Upholds Notification on Personal Guarantors under IBC LEGAL ISSUE: Validity of a notification extending the Insolvency and Bankruptcy Code, 2016 to personal guarantors of corporate debtors. CASE TYPE: Insolvency Law Case Name: Lalit Kumar Jain vs. Union of India & Ors. [Judgment Date]: 21 May 2021 Introduction Date of the Judgment: May 21,
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
