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contract

Case BriefsHigh Courts

Jhar HC | [Galudih Barrage Irrigation Project] HC upholds arbitral award after certain modifications; explains principles of adjustment, counterclaim and set off 

Jharkhand High Court: The Division Bench comprising of Aparesh Kumar Singh and  Anubha Rawat Choudhary, JJ., heard the instant Commercial Appeal challenging

Published on March 10, 2021March 19, 2021By Editor_4
Leave a comment2918 views
Case BriefsHigh Courts

Kar HC | Whether the termination/cancellation of contract of the petitioner on the ground of the petitioner seeking maternity leave is justified? HC analyses

Karnataka High Court: M. Nagaprasanna J. set aside the impugned order and allowed the petition.  Facts The facts of the case are

Published on March 8, 2021March 8, 2021By Editor_4
Leave a comment3865 views
Case BriefsForeign Courts

SL SC | No man is allowed to take advantage of his wrong; Court finds Fundamental Rights under Arts. 12(1), 12(2), and 14(1) (g) of the Constitution violated [legitimate expectation]

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Judge Bench of Sisira. J. de Abrew, Murdu Fernando and

Published on February 23, 2021By Editor_4
Leave a comment2309 views
Canada SC
Case BriefsForeign Courts

“Implied Obligations”; Canada SC evaluates contours of duty to exercise contractual discretion in good faith

Supreme Court of Canada: In an interesting case regarding interpretation of implied contractual obligations the 9-Judge Bench comprising of Wagner C.J. and

Published on February 20, 2021March 12, 2021By Editor_4
Leave a comment2408 views
Case BriefsHigh Courts

Del HC | On invocation of arbitration clause, if a party appoints arbitrator on its own and does not receive confirmation from another party, should former approach Court under S. 11 of Arbitration Act? HC discusses

Delhi High Court: Kameswar Rao, J., decided a petition wherein on the invocation of the arbitration clause, one of the parties appointed

Published on February 10, 2021February 19, 2021By Bhumika Indulia
Leave a comment4773 views
Op EdsOP. ED.

The company, its veil and the arbitration of disputes

by Mikhail Behl* and Anupam Surve**

Published on January 8, 2021January 8, 2021By Bhumika Indulia
1 Comment8700 views
Case BriefsSupreme Court

Can a conditional acceptance of an offer be considered a concluded contract? Supreme Court answers

“With the greatest of respect, the High Court has cursorily dealt with the contentions of the Appellant and has not even discussed the cases that had been cited on behalf of the Appellant.”

Published on January 7, 2021January 8, 2021By Editor_4
Leave a comment8114 views
Op EdsOP. ED.

Levy of Liquidated Damages by one party to a contract: When arbitrable? Comments in light of SC Judgment of Mitra Guha v. ONGC

by Prashant Pakhiddey* & Lakshmi Dwivedi**

Published on October 10, 2020October 10, 2020By Bhumika Indulia
4 Comments22062 views
Case BriefsHigh Courts

All HC reiterates that Authorities not to demand Stamp Duty beyond Art. 57(b) Sch. 1-B of Stamp Act

Allahabad High Court: Dr Kaushal Jayendra Thaker, J., addressed a matter with regard to stamp duty. Respondents invited a tender to repair

Published on September 7, 2020September 11, 2020By Bhumika Indulia
Leave a comment3374 views
Case BriefsSupreme Court

Delayed handing over of possession amounts to ‘deficiency’; flat buyers entitled to compensation: SC

“Flat purchasers suffer agony and harassment as a result of the default of the developer. Flat purchasers make legitimate assessments in regard

Published on August 24, 2020August 28, 2020By Prachi Bhardwaj
4 Comments13784 views
Case BriefsHigh Courts

Utt HC | State contractual employees entitled to claim Child Care Leave

Uttaranchal High Court: A Full-Bench of Ramesh Ranganathan CJ, Sudhanshu Dhulia and Alok Kumar Verma JJ, held that contractual state employees are

Published on July 28, 2020July 31, 2020By Editor_4
1 Comment3933 views
Canada SC
Case BriefsForeign Courts

Canada SC | Class-action against Video lottery terminals cannot proceed

Supreme Court of Canada: Full Bench comprising Wagner, C.J., Abella, Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin and Kasirer, JJ. allowed an appeal against

Published on July 28, 2020July 28, 2020By Editor_4
Leave a comment1893 views
Op EdsOP. ED.

Intertwining of Force Majeure, Frustration and Contingency

by Ivan*

Published on July 23, 2020July 23, 2020By Bhumika Indulia
1 Comment3998 views
Case BriefsHigh Courts

Bom HC | Stamp duty cannot be avoided on arbitration agreement, even if the rest of the contract is executed outside state

Bombay High Court: G.S.Patel, J., held that an arbitration agreement must be stamped in the state where the arbitration is to take place,

Published on November 30, 2019December 5, 2019By Bhumika Indulia
Leave a comment5723 views
Case BriefsHigh Courts

Bom HC | Dishonour of a cheque issued as a mere guarantee does not attract punishment under S. 138 NI Act

Bombay High Court: K.R. Shriram, J., dismissed a criminal appeal filed against the order of the trial court whereby the accused was acquitted

Published on November 19, 2019November 21, 2019By Bhumika Indulia
1 Comment9356 views
Case BriefsHigh Courts

P&H HC | No substantive issue raised when parties at consensus to resolve the matter with the competent authority

Punjab and Haryana High Court: A Division Bench of Krishna Murari, C.J and Arun Palli, J. disposed of the writ petition after

Published on July 22, 2019July 25, 2019By Bhumika Indulia
Leave a comment2219 views
Case BriefsSupreme Court

Clauses stipulating ‘deposit-at-call’ before invoking arbitration defeats the purpose of ADR process

Supreme Court: In the case where a Notice Inviting Tender had a clause asking the parties invoking arbitration to furnish a “deposit-at-call”

Published on March 11, 2019March 19, 2019By Prachi Bhardwaj
Leave a comment3820 views
Case BriefsHigh Courts

Utt HC | State can choose lead contractor in a composite contract based on nature of work

Uttaranchal High Court: The Bench of Sudhanshu Dhulia, J. stated that if the major part of the work was of civil nature

Published on January 24, 2019February 5, 2019By Bhumika Indulia
Leave a comment1969 views
Supreme Court of The United States
Case BriefsForeign Courts

SCOTUS | Court cannot override the arbitrability clause in a contract

Supreme Court of the United States: The appeal lies before the Bench of Kavanaugh, J. The facts of the case were such

Published on January 18, 2019February 1, 2019By Bhumika Indulia
Leave a comment2755 views
Case BriefsHigh Courts

Relationship, by itself, does not prove extent of interest of candidate in contract under Section 14(1)(g) of Maharashtra Panchayats Act

Bombay High Court: A Single Judge Bench comprising of S.B. Shukre, J. dismissed a petition filed challenging the orders of Collector, Gadchiroli

Published on October 8, 2018October 15, 2018By Bhumika Indulia
Leave a comment3111 views

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