HIGH COURT WEEKLY ROUNDUP [27th October — 2nd November] | Stories on False Allegations Against Spouse; Crypto Currency As Property; Skechers Trade Mark; and more
A quick legal roundup to cover important stories from all High Courts this week.
breach of contract
‘When breach of contract is continuous, limitation runs from date of cessation of breach’; Kerala HC upholds dismissal of suit for damages
“The breach continued only during the period of the contract and not upon its expiry. The Court observed that the breach was continuous, but only during the subsistence of the contract. Once the contractual period fixed by the parties had expired, the breach could no longer be considered ongoing.”
NCLT dismisses Akshay Kumar’s insolvency plea against Math tutoring platform, Cue Learn
“The essence of the IBC lies in resolving insolvency matters through a process driven approach, and any deviation from its prescribed scope would undermine the legislative intent of the Code.”
‘Supplying products with altered local content amounts to breach of contract’; Bombay HC upholds BPCL’s order banning dealings with Mukand Poly Products
Once petitioner-Mukand Poly Products expressed its inability to supply pipes with 82.36% Local Content and that it will cater the supplies pursuant to the procurement order with its product having 51.45% Local Content, it will amount to abandoning the contract.
Never Reported Judgment| Seller must prove readiness and willingness to perform his part of contract to sustain his claim for damages for breach of contract [(1953) 2 SCC 52]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on damages for breach of contract.
Know why US District Court dismissed suit brought by Elon Musk’s X Corp against Centre for Countering Digital Hate?
X Corp had alleged that CCDH created faulty narratives about X (formerly Twitter) being overwhelmed by hateful content, thereby harming its business by driving advertisers away from the platform
Damages in Construction Contracts: Legal Issues Surrounding Use of Standard Formulae
by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2024 SCC OnLine Blog Exp 22
Never Reported Judgment | When contract is not for delivery of goods in installments, supplier cannot treat non-payment of goods as ground for non-delivery of balance goods [1951 SCC 267]
This report covers the Supreme Court's Never Reported Judgment dating back to the year 1951 on breach of contract.
‘Interest cannot be withheld in the absence of express provisions permitting the same’; Delhi High Court partially sets aside arbitral award for being patently illegal
The impugned arbitral award was passed without considering the clauses of the Concessionaire Agreement while adjudicating on the rate of interest to be granted, thus, suffers from infirmity and patent illegality.
Delhi High Court dismisses WinZO’s plea against Google LLC’s download warning
Google LLC’s download warning in respect of all third-party applications was a mere disclaimer and there was no case made out for trade mark infringement.
If a person who is deaf and legally blind seeks physical therapy services is denied the same, Can emotional distress damages be recovered? SCOTUS examines
Supreme Court of the United States (SCOTUS): In a 6-3 ruling, Court expressed that, Emotional distress damages are not recoverable in a
112 Reports from 22 High Courts: Hijab Ban, Son’s Right on Parent’s Property, Right of Putative Father, Live-in Relationships and more| March RoundUp 2022
112 significant Reports from 22 High Courts Allahabad High Court Right to Reputation People using cyberspace to vent out anger and
Refusal to continue to execute a contract unless reciprocal promises are performed by the other party is not abandonment of contract: SC
Supreme Court: Explaining the law on abandonment on contractual obligation, the bench of Hemant Gupta and V. Ramasubramanian*, JJ has held that
Cal HC | Parties to agreement of sale consciously changing their relationship cannot seek relief on the basis of previously established relationship
Calcutta High Court: The Division Bench of Soumen Sen and Ajoy Kumar Mukherjee, JJ., dismissed an appeal concerned with a breach of
Apple: A monopolist under Federal or State Law? A win for Epic or Apple? Read to know
United States District Court, North District of California: While issuing a permanent injunction, stating Apple could no longer prohibit developers linking to
Lost Profit Damages: A Paradise (Not Yet) Lost
by Hasit B. Seth†
Cite as: 2021 SCC OnLine Blog Exp 12
APTEL | Norms can be relaxed in certain cases to allow appellant to recover its full fixed cost instead of normative the interest of justice and equity; Tribunal allows appeal
Appellate Tribunal for Electricity (APTEL): A Coram of Manjula Chellur, J. (Chairperson) and S.D. Dubey (Technical Member), allowed an appeal which was
Canada SC | Class-action against Video lottery terminals cannot proceed
Supreme Court of Canada: Full Bench comprising Wagner, C.J., Abella, Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin and Kasirer, JJ. allowed an appeal against
SL SC | Submission based on the conduct of others does not substantiate appellant’s position; Court dismisses appeal
Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Buwaneka Aluwihare, Priyantha Jayawardena and Murdu N. B.
Pak SC | A contract employee is debarred from approaching High Court under constitutional jurisdiction
Pakistan Supreme Court: The Bench of Gulzar Ahmed, Faisal Arab and Ijaz UL Ahsan, JJ., dismissed the petition filed against a Judgment