Supreme Court Upholds Termination Clause in Power Purchase Agreement: Rithwik Energy vs. BESCOM (2018) LEGAL ISSUE: Whether a notice of default under a Power Purchase Agreement (PPA) must strictly adhere to the terms of the agreement to be valid, and whether a party can be estopped from challenging a finding on a subsequent event it […]
Supreme Court Clarifies Land Acquisition Timelines under Maharashtra Regional Town Planning Act Date of the Judgment: 6 February 2018 Citation: (2018) INSC 96 Judges: R.F. Nariman, J. and Navin Sinha, J. Can a land owner be indefinitely deprived of using their land if the government delays acquisition? The Supreme Court addressed this crucial question regarding
Supreme Court Clarifies Limitation for Appeals under Companies Act: Bengal Chemists & Druggists Assn. vs. Kalyan Chowdhury (2018) LEGAL ISSUE: Whether Section 5 of the Limitation Act, 1963 applies to appeals filed before the National Company Law Appellate Tribunal (NCLAT) under Section 421(3) of the Companies Act, 2013, after the expiry of the condonable delay
Supreme Court Upholds SARFAESI Act, Limits High Court Intervention in Loan Recovery: State Bank of Travancore vs. Mathew K.C. (2018) Date of the Judgment: January 30, 2018 Citation: 2018 INSC 75 Judges: Rohinton Fali Nariman, J., Navin Sinha, J. Can a High Court interfere with loan recovery proceedings initiated under the Securitisation and Reconstruction of
Supreme Court on Market Access Denial Under Competition Act: Competition Commission of India vs. Fast Way Transmission (2018) LEGAL ISSUE: Whether termination of a broadcast agreement by a dominant Multi-System Operator (MSO) constitutes “denial of market access” under Section 4(2)(c) of the Competition Act, 2002, even if the broadcaster and MSO are not direct competitors.
Supreme Court Clarifies Interim Awards Under Arbitration Act: IFFCO vs. Bhadra Products (2018) Date of the Judgment: 23 January 2018 Citation: M/S Indian Farmers Fertilizer Co-Operative Limited v. M/S Bhadra Products (2018) INSC 47 Judges: R.F. Nariman, J. and Navin Sinha, J. Can an arbitrator’s decision on the issue of limitation be considered an interim
Supreme Court Interprets Section 2(22)(e) of the Income Tax Act: National Travel Services vs. Commissioner of Income Tax LEGAL ISSUE: Interpretation of “shareholder” and “beneficial owner” under Section 2(22)(e) of the Income Tax Act, 1961. CASE TYPE: Income Tax Law. Case Name: National Travel Services vs. Commissioner of Income Tax, Delhi, VIII Judgment Date: 18
Supreme Court Modifies Judgment on Appeals: United Biotech vs. Orchid Chemicals (2018) LEGAL ISSUE: Modification of a previous judgment. CASE TYPE: Civil Case Name: United Biotech Private Limited vs. Orchid Chemicals and Pharmaceuticals Limited and Ors. [Judgment Date]: January 17, 2018 Date of the Judgment: January 17, 2018 Citation: M.A. NO.1764 OF 2017 IN CIVIL
Supreme Court Modifies Judgment on Appeals: United Biotech vs. Orchid Chemicals (2018) Read Post »
LEGAL ISSUE: Whether a global trademark’s reputation automatically extends to India, allowing a passing off claim against a local user, even if the global brand hasn’t established a significant presence in the Indian market. CASE TYPE: Trademark Infringement and Passing Off Case Name: Toyota Jidosha Kabushiki Kaisha vs. M/S Prius Auto Industries Ltd. & Ors.
Toyota Loses Trademark Battle: Supreme Court Upholds Prius Auto’s Rights (2017) Read Post »
LEGAL ISSUE: What constitutes “similar work” in tender documents for construction projects? CASE TYPE: Contract Law, Tender Disputes Case Name: M/s Sam Built Well Pvt. Ltd. vs. Deepak Builders & Ors. Judgment Date: December 14, 2017 Introduction Can a court interfere with an expert committee’s decision on tender eligibility? The Supreme Court of India addressed
LEGAL ISSUE: Modification of mining production caps. CASE TYPE: Public Interest Litigation (PIL) related to environmental and mining regulation. Case Name: Samaj Parivartana Samudaya & Ors. vs. State of Karnataka & Ors. [Judgment Date]: 14 December 2017 Introduction Date of the Judgment: 14 December 2017 Citation: 2017 INSC 1037 Judges: Ranjan Gogoi, J., Abhay Manohar
Date of the Judgment: December 12, 2017 Citation: (2017) INSC 1084 Judges: R.F. Nariman, J., Navin Sinha, J. Can hotels and restaurants charge more than the Maximum Retail Price (MRP) for packaged water bottles? The Supreme Court addressed this question, clarifying the scope of the Legal Metrology Act, 2009, and its applicability to the service
