contract Archives | Page 2 of 4

Rejecting counter-claim or set-off may lead to parallel proceedings before various fora and offend the very purpose S. 23 of Arbitration Act: SC

Supreme Court: The Division Bench of M.R. Shah* and Sanjiv Khanna, JJ., reversed concurrent findings of the Arbitral Tribunal and the Delhi

Case Briefs District Court

Tis Hazari Court| Contract between parties determines Territorial jurisdiction; Non-mentioning of words “only” or “exclusively” before name of place of jurisdiction immaterial

Tis Hazari Court, Delhi : Vinod Kumar Gautam, Additional District Judge, while addressing the matter regarding the question of territorial jurisdiction, has

Case Briefs High Courts

Ori HC | It is only when a purchase order is placed that a ‘contract’ would be entered into and only then arbitration clause would become part thereof

Orissa High Court: S. Muralidhar, CJ. dismissed the petition, declined the appointment of arbitrator and left it open to the petitioners to

Case Briefs Supreme Court

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

Case Briefs High Courts

Levy of Liquidated Damages | If a contract comprises, several components awarded to different contractors, would it be inapposite to blame contractor that was last in completing work for loss suffered on account of delay in completing Project? Del HC answers

Delhi High Court: While reiterating the law on award of liquidated damages, Vibhu Bakhru, J., expressed that, where a contract comprises, several

Op Eds OP. ED.

Smart Contracts and Blockchain Arbitration: Smart Solutions Paving the Way for a Better Dispute Resolution Mechanism

by Hiroo Advani†, Asif Lampwala†† and Ria Garg†††
Cite as: 2022 SCC OnLine Blog Exp 35

Case Briefs High Courts

Scope of examination under S. 11 of A&C Act is confined to existence of arbitration agreement or does it extend to adjudicating nature of contract as well? Del HC addresses

Delhi High Court: Vibhu Bakhru, J., held that whether claims are barred by limitation is a mixed question of fact and law

Case Briefs Supreme Court

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

Case Briefs High Courts

P&H HC | Application for rescission of contract ‘mandatory’ to avail the relief, as S. 28, Specific Relief Act, 1963 doesn’t confer indefeasible right

Punjab and Haryana High Court: Sudhir Mittal, J. dismissed the revision petition filed by the petitioners (in this case the judgment-debtors) against

OP. ED.Practical Lawyer Archives

Crafting an Effective Contract

Bhumesh Verma, Managing Partner, Corp Comm Legal
Cite as: (2022) PL (CL) February 99

Case Briefs High Courts

Bombay HC rejects argument that a dispute cannot be referred for arbitration on account of fraud: Read why

Bombay High Court: B.P. Colabawalla, J., addressed an arbitration application filed under Section 11 of the Arbitration and Conciliation Act, 1996. Instant

Op Eds OP. ED.

Whether a Breach of Institutional Arbitral Rules Constitutes a Breach of Contract? And Whether Such Breach would be Repudiatory in Nature?

by Garima Sharma†

Case Briefs High Courts

Chh HC | If the party is able to make out an exceptional case and the court finds irretrievable injustice would occur if writ jurisdiction is not invoked, High Courts do have the power to entertain the writ petition

Chhattisgarh High Court: Sam Koshy J. partly allowed the petition and partly disposed of the petition expressing no opinion on the termination

High Court Round Up Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

8 Legal Stories of the Week: From High Courts to District Courts

“For a contract to be enforceable, the restraint of trade clause must be reasonable.” [Rajesh Kumar Gandhi v. Mukesh Dutt] Read the

Case Briefs Tribunals/Commissions/Regulatory Bodies

Insurer refuses to issue insurance policy as Risk Confirmation letter obtained on concealment of material fact by Insurance Broker: Policy will be vitiated? NCDRC answers

National Consumer Disputes Redressal Commission (NCDRC): Ram Surat Maurya (Presiding Member) addressed a matter wherein the date of issue of the Risk

Op Eds OP. ED.

Owners and Contractor’s Liability towards Subcontractors

by Hiroo Advani†, Kanika Arora††, Surbhi Ahuja††† and Ria Garg*

Cite as: 2022 SCC OnLine Blog Exp 5

Case Briefs High Courts

Importance of ‘consideration’ cannot be belittled: Del HC explains the significance of consideration in enforceability of an ‘Agreement’

Delhi High Court: “It is the consideration which puts enforceability in the agreements to make promises legally binding”, Asha Menon, J., stated

Case Briefs High Courts

If arbitrator becomes functus officio, can provisions under Ss. 14 and 15 of the A&C Act to appoint substitute arbitrator be invoked? Allahabad HC decides

Allahabad High Court: Noting the significance of Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, Jayant Banerji, J., expressed

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Law on Force Majeure | Builder taking shelter of “Force Majeure” clause for delay in handing over possession: Justified or not? Read what NCDRC says

National Consumer Disputes Redressal Commission (NCDRC): Expressing that the builder cannot take shelter of “Force Majeure” while delay in handing over possession

Case Briefs Supreme Court

Law on Specific Performance | For purpose of passing a decree of specific performance, what is essential? SC explains

Supreme Court: Stating that readiness and willingness are necessary for the purpose of passing a decree of specific performance, Division Bench of