2023 SCC Vol. 9 Part 3
Liquidated Damages: In this article, the author clarifies misconceptions which have arisen about Section 74 of the Contract Act because of certain
Contract Act
Delhi High Court| Delay in the handing over of the Right of Way is a material breach of contract if it affects the issuance of the Completion Certificate
The Court is not meant to act as a Court of first appeal and cannot supplant its view over that of the Arbitral Tribunal.
Delhi High Court refuses decree of specific performance in view of creation of third-party interests; Directs compensation of Rs. 15 lakhs
The principle governing the evidence in civil cases is that there should be a preponderance of the events which should be proved unlike in criminal matters, where the evidence have to be proved beyond a reasonable doubt. Moreover, the burden of proof is on the party which will suffer if such evidence is not proved.
Delhi High Court injuncts Khesari Lal Yadav from selling any new song to third party till 30-09-2025 in view of an agreement with Global Music Junction
The agreement between the parties is not a contract between an employee-employer or a manager-sportsperson contract, rather they are commercial contracts entered into between parties with equal bargaining power and for mutual commercial benefit. Thus, the agreements between the parties are neither ‘excessively one sided’ nor they impose a ‘bondage’.
Specific Performance and Determinable Contracts: A Comprehensive Analysis
by Vasanth Rajasekaran*
Cite as: 2023 SCC OnLine Blog Exp 67
Section 74 of Contract Act has no application on Public Auction conducted under the Liquidation Process Regulations, 2016: NCLAT
NCLAT observed that in the instant matter “there was no title defect in the Corporate Debtor”.
Compilation of Important Judgments of Supreme Court and High Courts regarding Section 138 of the Negotiable Instruments Act, 1881
by Swarnendu Chatterjee† Anwesha Pal†† and Yashwardhan Singh†††
Cite as: 2023 SCC OnLine Blog Exp 11
Accrued Versus Contingent Tax Liabilities: Accentuating Contractual Shifting of Tax Incidence
by Tarun Jain
Cite as: 2023 SCC OnLine Blog Exp 1
Supreme Court| ‘Exclusion clause’ destroying the contract entered with knowledge, cannot be permitted to be used by a party who introduced it, to avoid liability
Supreme Court: In an appeal against the decision of the National Consumer Disputes Redressal Commission (‘NCDRC’), wherein the commission having
Dehyphenating Tax from Contractual Realm: Prioritising “Party Autonomy”
by Tarun Jain †
Cite as: 2022 SCC OnLine Blog Exp 74
Explained| Difference between Contract of Indemnity and Contract of Guarantee
Supreme Court: In an Insolvency and Bankruptcy case, the bench of Indira Banerjee* and JK Maheshwari, JJ has explained the difference between
Privity of Consideration: A Contractual Doctrine Seeking to Find Space in GST Law
by Tarun Jain†
Cite as: 2022 SCC OnLine Blog Exp 68
NCLT| Can a Financial Creditor initiate Insolvency Resolution Process against a Personal Guarantor?
National Company Law Tribunal, Hyderabad: The Bench of N. Venkata Ramakrishna Badarinath, Judicial Member, and Veera Brahma Rao Arekapud, Technical Member held
Bombay High Court | Yes Bank-Dish TV Case: Beneficial Owner of pledged shares, contractually entitled to all rights, including voting rights in Annual General Meeting
Bombay High Court: The Division Bench of G.S.Patel and Madhav J Jamdar, JJ. dismissed an appeal ruling that lenders are entitled to
Pawnee recording self as “beneficial owner” is a necessary condition to exercise right to sell pledged good; it does not amount to “actual sale”: SC
Supreme Court: The bench of MR Shah and Sanjiv Khanna*, JJ has held that mere exercise of the right by the pawnee
2G Spectrum Scam| Supreme Court rejects ex-licensee’s refund demand of Rs 1454.94 crores Entry Fee, holding him faulty as a confederate of fraud
Supreme Court: The 3-Judge Bench comprising of Dr. Dhananjaya Y Chandrachud*, Surya Kant and Vikram Nath, JJ., affirmed the impugned order of
Is amount spent by pharmaceutical companies in gifting freebies to the doctors “business expenditure” under IT Act when act of accepting freebies by doctors is an offence? SC answers
“…the statutory regime requiring that a thing be done in a certain manner, also implies (even in the absence of any express terms), that the other forms of doing it are impermissible.”