R.F. Nariman Archives

Supreme Court Clarifies the Effect of Unstamped Arbitration Agreements: Garware Wall Ropes Ltd. vs. Coastal Marine Constructions & Engineering Ltd. (2019)

April 10, 2019 / Arbitration Agreement, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 16, Impounding of Instruments, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 2, Indian Stamp Act, 1899, Indian Stamp Act, 1899 with Section 33, Indian Stamp Act, 1899 with Section 34, Judges, R.F. Nariman, Vineet Saran

Supreme Court Clarifies the Effect of Unstamped Arbitration Agreements: Garware Wall Ropes Ltd. vs. Coastal Marine Constructions & Engineering Ltd. (2019) LEGAL ISSUE: The enforceability of an arbitration agreement contained in an unstamped contract. CASE TYPE: Arbitration Law Case Name: Garware Wall Ropes Ltd. vs. Coastal Marine Constructions & Engineering Ltd. [Judgment Date]: April 10, […]

Supreme Court Clarifies the Effect of Unstamped Arbitration Agreements: Garware Wall Ropes Ltd. vs. Coastal Marine Constructions & Engineering Ltd. (2019) Read Post »

Supreme Court Quashes RBI Circular on Stressed Assets: Dharani Sugars and Chemicals Ltd. vs. Union of India (2 April 2019)

April 2, 2019 / Banking Regulation Act, 1949, Banking Regulation Act, 1949 with Section 35A, Banking Regulation Act, 1949 with Section 35AA, Banking Regulation Act, 1949 with Section 35AB, Constitutional Law, Constitutional Law with Article 14, Judges, R.F. Nariman, Reserve Bank of India Act, 1934, Reserve Bank of India Act, 1934 with Section 45L, Vineet Saran

Supreme Court Quashes RBI Circular on Stressed Assets: Dharani Sugars and Chemicals Ltd. vs. Union of India (2019) LEGAL ISSUE: The core legal issue revolved around the validity of the Reserve Bank of India (RBI) circular dated 12.02.2018, which prescribed a revised framework for the resolution of stressed assets, particularly concerning the timelines for referring

Supreme Court Quashes RBI Circular on Stressed Assets: Dharani Sugars and Chemicals Ltd. vs. Union of India (2 April 2019) Read Post »

Supreme Court Upholds Denial of Recognition for Nursing Courses: Pt. Bateswari Dayal Mishr Shiksha Samiti vs. Madhya Pradesh Nurses Registration Council (2019)

March 15, 2019 / Application Process, Education Law, Judges, Madhya Pradesh Nursing Shikshan Sanstha Manyata Niyam 2018, Nursing Education, Parent Hospital Requirement, R.F. Nariman, Recognition of Institutions, Vineet Saran

Supreme Court Upholds Denial of Recognition for Nursing Courses: Pt. Bateswari Dayal Mishr Shiksha Samiti vs. Madhya Pradesh Nurses Registration Council (2019) LEGAL ISSUE: Whether a nursing institution is entitled to recognition for its courses when it has submitted an incomplete application and lacks essential infrastructure. CASE TYPE: Education Law, Nursing Education Case Name: Pt.

Supreme Court Upholds Denial of Recognition for Nursing Courses: Pt. Bateswari Dayal Mishr Shiksha Samiti vs. Madhya Pradesh Nurses Registration Council (2019) Read Post »

Supreme Court Strikes Down 10% Deposit for Arbitration: ICOMM Tele Ltd. vs. Punjab State Water Supply & Sewerage Board (2019)

March 11, 2019 / Arbitration Clause, Arbitration Law, Constitutional Law, Constitutional Law with Article 14, Contract Law, Contract of Adhesion, Judges, R.F. Nariman, Tender Conditions, Vineet Saran

Supreme Court Strikes Down 10% Deposit for Arbitration: ICOMM Tele Ltd. vs. Punjab State Water Supply & Sewerage Board (2019) LEGAL ISSUE: Whether a clause in a tender requiring a 10% deposit of the claimed amount to invoke arbitration is arbitrary and violates Article 14 of the Constitution of India. CASE TYPE: Arbitration Law, Contract

Supreme Court Strikes Down 10% Deposit for Arbitration: ICOMM Tele Ltd. vs. Punjab State Water Supply & Sewerage Board (2019) Read Post »

Arbitrability of Landlord-Tenant Disputes: Supreme Court Refers Issue to Larger Bench in Vidya Drolia vs. Durga Trading Corporation (28 February 2019)

February 28, 2019 / Arbitration & Conciliation Act, 1996, Arbitration & Conciliation Act, 1996 with Section 11(6A), Determination of Lease, Judges, Jurisdiction of Arbitral Tribunal, R.F. Nariman, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 111, Transfer of Property Act, 1882 with Section 114, Vineet Saran

Supreme Court Clarifies Arbitrability of Landlord-Tenant Disputes Under Transfer of Property Act: Vidya Drolia vs. Durga Trading Corporation (2019) LEGAL ISSUE: Whether disputes between a landlord and tenant under the Transfer of Property Act, 1882, are arbitrable. CASE TYPE: Arbitration Law, Property Law Case Name: Vidya Drolia & Ors. vs. Durga Trading Corporation Judgment Date:

Arbitrability of Landlord-Tenant Disputes: Supreme Court Refers Issue to Larger Bench in Vidya Drolia vs. Durga Trading Corporation (28 February 2019) Read Post »

Supreme Court Reconsiders the Proviso of Section 24 of the Right to Fair Compensation Act in Land Acquisition Cases: Delhi Development Authority vs. Virender Lal Bahri (27 February 2019)

February 27, 2019 / Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 11, Land Acquisition Process, R.F. Nariman, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 with Section 24, Vineet Saran

Supreme Court Reconsiders Land Acquisition Act: Delhi Development Authority vs. Virender Lal Bahri Date of the Judgment: 27 February 2019 The Supreme Court of India is revisiting a crucial aspect of land acquisition law. The central question revolves around the interpretation of a proviso within Section 24 of the Right to Fair Compensation and Transparency

Supreme Court Reconsiders the Proviso of Section 24 of the Right to Fair Compensation Act in Land Acquisition Cases: Delhi Development Authority vs. Virender Lal Bahri (27 February 2019) 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)

February 27, 2019 / Contract Law, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 70, Indian Contract Act, 1872 with Section 73, Indian Contract Act, 1872 with Section 74, Judges, Liquidated Damages, Quantum Meruit, R.F. Nariman, Vineet Saran

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 Sets Aside Perjury Proceedings in Matrimonial Dispute: Aarish Asgar Qureshi vs. Fareed Ahmed Qureshi & Anr. (26 February 2019)

February 26, 2019 / Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 195(1)(b), Code of Criminal Procedure, 1973 with Section 340, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 193, Judges, Offences Relating to False Evidence, R.F. Nariman, Vineet Saran

Supreme Court Sets Aside Perjury Proceedings in Matrimonial Dispute: Aarish Asgar Qureshi vs. Fareed Ahmed Qureshi & Anr. (2019) LEGAL ISSUE: Whether perjury proceedings can be initiated based on contradictory statements in an anticipatory bail application without conclusive evidence. CASE TYPE: Criminal Case Name: Aarish Asgar Qureshi vs. Fareed Ahmed Qureshi & Anr. Judgment Date:

Supreme Court Sets Aside Perjury Proceedings in Matrimonial Dispute: Aarish Asgar Qureshi vs. Fareed Ahmed Qureshi & Anr. (26 February 2019) Read Post »

Supreme Court Upholds Restitution in Power Purchase Agreements: UHBVNL vs. Adani Power (2019)

February 25, 2019 / Change in Law, Commercial Contracts, Contract Law, Electricity Law, Interpretation of Contracts, Judges, Navin Sinha, Power Purchase Agreement, R.F. Nariman

Supreme Court Upholds Restitution in Power Purchase Agreements: UHBVNL vs. Adani Power (2019) LEGAL ISSUE: Whether carrying costs should be included as part of restitution under a Power Purchase Agreement (PPA) when there is a change in law. CASE TYPE: Electricity Law, Contract Law Case Name: Uttar Haryana Bijli Vitran Nigam Ltd. & Anr. vs.

Supreme Court Upholds Restitution in Power Purchase Agreements: UHBVNL vs. Adani Power (2019) Read Post »

Supreme Court Clarifies Employer-Employee Relationship in Contract Labour Disputes: Bharat Heavy Electricals Ltd. vs. Mahendra Prasad Jakhmola & Ors. (20 February 2019)

February 20, 2019 / Contract Labour (Regulation and Abolition) Act, 1970, Definition of 'Employer', Judges, R.F. Nariman, Uttar Pradesh Industrial Disputes Act, 1947, Uttar Pradesh Industrial Disputes Act, 1947 with Section 2(i)(iv), Vineet Saran

Supreme Court Clarifies Employer-Employee Relationship in Contract Labour Disputes: Bharat Heavy Electricals Ltd. vs. Mahendra Prasad Jakhmola & Ors. (2019) LEGAL ISSUE: Determining the nature of the employer-employee relationship in cases involving contract labour, specifically whether workers of a contractor can be considered direct employees of the principal employer. CASE TYPE: Industrial Dispute/Labour Law Case

Supreme Court Clarifies Employer-Employee Relationship in Contract Labour Disputes: Bharat Heavy Electricals Ltd. vs. Mahendra Prasad Jakhmola & Ors. (20 February 2019) Read Post »

Supreme Court Holds Reliance Companies in Contempt for Breaching Undertakings: Ericsson vs. State Bank of India (20 February 2019)

February 20, 2019 / Constitutional Law, Constitutional Law with Article 142, Contempt of Courts Act, 1971, Contempt of Courts Act, 1971 with Section 12, Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency Code with Section 9, Judges, R.F. Nariman, Vineet Saran

Supreme Court Holds Reliance Companies in Contempt for Breaching Undertakings: Ericsson vs. State Bank of India (2019) LEGAL ISSUE: Whether Reliance Companies were in contempt of court for breaching undertakings given to the Supreme Court regarding payment to Ericsson. CASE TYPE: Contempt of Court Case Name: Reliance Communication Limited & Ors. vs. State Bank of

Supreme Court Holds Reliance Companies in Contempt for Breaching Undertakings: Ericsson vs. State Bank of India (20 February 2019) Read Post »

Supreme Court Clarifies NGT’s Appellate Jurisdiction in Environmental Cases: Tamil Nadu Pollution Control Board vs. Sterlite Industries (2019)

February 18, 2019 / Air (Prevention and Control of Pollution) Act, 1981, Air (Prevention and Control of Pollution) Act, 1981 with Section 31, Air (Prevention and Control of Pollution) Act, 1981 with Section 31A, Judges, National Green Tribunal Act, 2010, National Green Tribunal Act, 2010 with Section 14, National Green Tribunal Act, 2010 with Section 16, Navin Sinha, R.F. Nariman, Water (Prevention and Control of Pollution) Act, 1974, Water (Prevention and Control of Pollution) Act, 1974 with Section 18, Water (Prevention and Control of Pollution) Act, 1974 with Section 28, Water (Prevention and Control of Pollution) Act, 1974 with Section 33A

Supreme Court Clarifies NGT’s Appellate Jurisdiction in Environmental Cases Date of the Judgment: 18 February 2019 Citation: (2019) INSC 123 Judges: R.F. Nariman, J. and Navin Sinha, J. Can the National Green Tribunal (NGT) directly hear appeals against original orders of pollution control boards, or must these appeals go through the designated appellate authorities first?

Supreme Court Clarifies NGT’s Appellate Jurisdiction in Environmental Cases: Tamil Nadu Pollution Control Board vs. Sterlite Industries (2019) Read Post »