contract Archives

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

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

Op Eds OP. ED.

Grant of Escalation Charges by Arbitrator: Navigating Beyond the Realms of Contract

by Abhishek Goyal†

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Whether service tax is payable on liquidated damages and penalties recovered under the contract? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Dilip Gupta (President) and P.V. Subba Rao (Technical Member) allowed the

Case Briefs Supreme Court

Arbitrator cannot rewrite contract for parties; Arbitral award based on no evidence or in ignorance of vital evidence comes in realm of patent illegality: SC

Supreme Court: A Division Bench comprising of R.F. Nariman and B.R. Gavai, JJ. held that an arbitral award which is based on

Case Briefs Supreme Court

Letter of Intent merely indicates party’s intention to enter into contract; no binding relationship at this stage emerges: SC explains in terms of liability of successful bidder

Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hemant Gupta, JJ. reiterated that a Letter of Intent merely indicates a

Alternate Dispute Resolution Case Briefs High Courts

Del HC | Are trademark disputes arbitrable? Court interprets S. 8 of Arbitration Act; differentiates between rights emanating from Trademark Act and Trademark Agreement

Delhi High Court: Jayant Nath, J., observed that the assignment of the trademark is by a contract and not by a statutory

Case Briefs High Courts

Bom HC | In a property suit in which decree has been passed, can a third party’s intervention application claiming his right to recovery be maintainable? Read on

Bombay HC’s Justice Dama Seshadri Naidu while discussing, quotes EBC’s C.K. Thakker’ s Code of Civil Procedure

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Can a non-signatory or confirming party be made party to the arbitration? The position of non-signatory in an arbitration agreement

by Arush Agarwal† and Bhavya Gupta††

Op Eds OP. ED.

Enforceability of an Arbitration Agreement Embedded in an Unstamped Contract N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd. : A case comment

by Shuchi Sejwar* and Akshata Sharma**

Case Briefs High Courts

Can writ under Art. 226 of Constitution be enforced if any duty or obligation falling upon a public servant out of a contract entered into by him as such public servant? Orissa HC discusses

Orissa High Court: A Division Bench of S. Muralidhar CJ. and B. P Routray J. dismissed the petition on grounds discussed below.

Case Briefs Supreme Court

When can High Court entertain a writ petition, notwithstanding the availability of an alternative remedy? Supreme Court explains

“The availability of an alternative remedy does not prohibit the High Court from entertaining a writ petition in an appropriate case.”

Case Briefs Supreme Court

“Complex” questions involving novation of contract can’t be decided by Court under Section 11 of the Arbitration and Conciliation Act: Supreme Court

“Detailed arguments on whether an agreement which contains an arbitration clause has or has not been novated cannot possibly be decided in exercise of a limited prima facie review as to whether an arbitration agreement exists between the parties.”

Case Briefs High Courts

Bom HC | Is Navi Mumbai Municipal Corporation entitled in law to impose pre-qualification criteria “contractors whose contract was terminated for unsatisfactory services are ineligible to participate in tender”? Judicial Review, Blacklisting & more. Read on

“Government must have freedom of contract.”