contract Archives

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.

Case Briefs High Courts

In cases of urgency and to preserve party’s rights, arbitral proceedings can be initiated even when conciliation proceedings were pending: Delhi High Court

The Delhi High Court held that even if the Contract clearly stated that before resorting to arbitration, the parties agreed to explore Conciliation by the Committee, the same cannot be held to be mandatory in nature. Further, the Court held that in case of urgency, arbitral proceedings can be initiated even when conciliation proceedings were pending.

Case Briefs High Courts

An artist cannot be compelled to deal with another party against his own wish in perpetuity; Delhi High Court holds termination of agreement by Khesari Lal Yadav, valid

Grant of injunction in favour of the plaintiff company would cause irreparable injury to the Artist which cannot be compensated in monetary terms as he would be forced to continue with the contract of personal service even though mutual trust has been lost between parties.

Case Briefs High Courts

Purchase orders do not in any manner supersede the contract between the parties; Delhi High Court holds arbitration clause in contract valid

The parties may choose to enter two different contracts covering the same transaction at different points of time, however, the purchase orders do not in any manner supersede the contract between the parties.

Case Briefs High Courts

Order of stay/moratorium under the Companies Act, 2013 prohibits the initiation of any proceedings; Parties cannot be referred to Arbitration: Delhi High Court

The Delhi High Court ruled that the moratorium granted by the NCLAT, staying the institution of suits and proceedings against the Corporate Debtor, after the resolution process was initiated against it under Sections 241 and 242 of the Companies Act, 2013, was akin to an order of moratorium passed under Section 14 of the Insolvency and Bankruptcy Code, 2016.

Case Briefs High Courts

Delhi High Court | When a prayer to appoint an Arbitrator has been heard and rejected, the same relief cannot be sought by filing a review petition

Mere expression “place of arbitration” cannot be the basis to determine the intention of the parties that they have intended that place as the “Seat of Arbitration”

Advance Rulings Case Briefs

AAR [West Bengal] | Services of shifting electrical utilities cannot be regarded as services by way of construction of road

Authority for Advance Ruling (West Bengal): In an application filed for seeking advance ruling on whether the work of shifting

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC | Why Uber India was held liable for the cab driver whose negligence caused the complainant to miss her flight to Chennai?

Additional District Consumer Disputes Redressal Commission, Thane: In a significant decision delivered in August over a complaint alleging deficiency of

Case Briefs Supreme Court

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†