2025 SCC Vol. 5 Part 3
2025 SCC Vol. 5 Part 3: Explore the latest Supreme Court Cases on the Arbitration, IBC, CPC, Contract, Criminal Law, Education Law, Labour Law and Land Acquisition.
contract
Unregistered document affecting immovable property can be an admissible evidence of contract in a suit for specific performance: Supreme Court
In S. Kaladevi v. V.R. Somasundaram, (2010) 5 SCC 401, the Supreme Court had held that an unregistered document may be received as evidence of a contract in a suit seeking specific performance.
NRJ Series| Proposal with several parts must be accepted/rejected in its entirety; acceptance of one part will at best be counter-offer and not a contract [(1954) 2 SCC 728]
This report covers the Supreme Court’s Never Reported Judgment on what constitutes as a contract, dating back to the year 1954.
Arbitration Act 1996 a self-contained code which does not distinguish between government and private entities: SC
The Court said that governmental entities must be treated in a similar fashion to private parties insofar as proceedings under the Arbitration Act are concerned, except where otherwise indicated by law.
Arbitration Act, 1940 doesn’t empower Arbitrator or Court to award interest upon interest or compound interest: Supreme Court
“There is no dispute as to the power of the courts to award interest on interest or compound interest in a given case subject to the power conferred under the statutes or under the terms and conditions of the contract; but where no such power is conferred ordinarily, the courts do not award interest on interest”.
Delhi High Court dismisses Reliance’s petition against UIDAI; upholds impugned arbitral award in its entirety
The Delhi High Court said that the scope of interference with arbitral awards under Section 34 of the Arbitration and Conciliation Act, 1996 has now become heavily circumscribed.
[Specific Performance of Contract] | Sikkim HC finds party’s unwillingness for performance on their part; Discusses scope of Second Appeal under S.100 CPC
Relying on UN Krishnamurthy v. AM Krishnamurthy, the Court stated that the appellant failed to indicate willingness to perform their part of the transaction, as they neither showed nor proved the availability of sufficient funds required to make the payments per the contract
Calcutta High Court dismisses application due to non-existence of arbitration clause in subcontractor’s work order
‘A reference to the document in the contract should be such that shows the intention to incorporate the arbitration clause contained in the document into the contract’
Reference to a document in contract should show intention to incorporate arbitration clause: Supreme Court reiterates
Supreme Court concluded that the instant matter was not one of ‘incorporation’ but a case of ‘reference’ and clarified that a general reference would not have the effect of incorporating arbitration clause.
[S. 37 Arbitration Act] GNCTD to pay costs to Educomp Solutions; Delhi High Court upholds order
In 2001, the appellant, Director of Education under the aegis of the Directorate of Education created by the Government of NCT of Delhi, floated a tender for the implementation of the Computer Education Project (“CEP-II”) for various government/ government aided Senior Secondary Schools, and Educomp Solutions a provider of technology-based educational products and services was awarded the contract.
[S.34 Arbitration Act] Delhi High Court upholds arbitral award for lack of benefit of the ground of “patent illegality”
A party cannot simply raise an objection on the ground of patent illegality if the Award is against them. Patent illegality requires a distinct transgression of law, the clear lack of which makes the petition a pointless effort of objection towards an Award passed by a competent Arbitral Tribunal.
Adherence to Article 14 by State must even while acting in Contractual Realm: Supreme Court
The question before the Court was whether an application remaining pending for an unreasonable period could in itself be classified as an arbitrary and unreasonable act?
When a Canadian Court ruled that “thumbs-up” emoji constitutes a valid non-traditional means to convey acceptance of a contract
Court was also of the view that signature in a classic presentation and does denote identity and confirmation of an agreement; however, that in itself does not prevent the use of a modern- day emoji such as thumbs-up emoji.
Arbitration Clause in a contract will perish with its novation: Delhi High Court
Where parties decide to put an end to the original contract as if it never existed and substituted a new contract with it, then in such a situation the original contract is extinguished by the substituted one and the arbitration clause of the original one perishes with it.
Delhi High Court denies injunction under S. 9 of A&C Act as it will delay the strengthening and overlaying of NH-48 initiated by NHAI
Sections 20-A and 41(ha) of the Specific Relief Act, 1963 expresses the legislative intent to not grant injunctions relating to infrastructure projects where delay may be caused by such an injunction. Thus, the role of Courts in this exercise is to interfere to the minimum extent so that public work projects are not impeded or stalled.
Whether Doctrine of lis pendens applicable on in-service contracts? Delhi High Court answers
Section 52 of the Transfer of Property Act is an expression of the principle “pending a litigation nothing new should be introduced”. It provides that pendente lite, neither party to the litigation, in which any right to immovable property is in question, can alienate or otherwise deal with such property so as to affect his appointment
Writ jurisdiction cannot be invoked to avoid contractual obligations or to modify the contract: Delhi High Court upholds Single Judge’s decision
The writ court should not exercise its powers under Article 226 of the Constitution which will obstruct contractual rights between the parties.
Insurance Companies have right to repudiate claim on non-disclosure of existence of previous policies during taking any fresh policy: Allahabad High Court
Allahabad High Court rejected the contention of the petitioner that since forms are filled up by the agents/officers of LIC, anything omitted would not constitute ground for repudiation/rejection of the claim.
Delhi High Court denies relief for specific performance of collaboration agreement in view of the bar under Section 14 (d) Specific Relief Act, 1963
The Collaboration Agreement is a commercial transaction between the private parties and hence the same by its very nature is determinable, even if there is termination clause in the Collaboration Agreement
Supreme Court February 2023| Full strength of 34 judges; AIBE; Decriminalisation of adultery; Compensation for bad haircut; DNA test in Divorce cases; and more
This roundup revisits the analyses of Supreme Court’s judgments/orders on validity of AIBE; ex-communication of Dawoodi Bohras; decriminalisation of adultery; permissibility of DNA test of children to prove allegations of adultery; and more. It also covers reports on the career trajectory & important decisions of Justice Surya Kant and Justice Dipankar Dutta and the newly appointed 7 judges of the Supreme Court; Explainers on important law points; and Cases Reported in SCC Weekly in the month of February.