contract
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.
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.”
“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.”
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.”
Chh HC | When terms of a contract have been reduced to the form of a document, no evidence shall be given or permitted to be adduced in proof of terms of such contract under Ss. 91 & 92 of Indian Evidence Act, 1872
Chhattisgarh High Court: Sanjay S. Agrawal, J. allowed the appeal and directed the plaintiff to be entitled to a decree for specific
Agreement in restraint of trade
by Achal Gupta†
Del HC | Whether disability of an appointing authority to appoint an arbitrator frustrate the arbitration agreement. HC unravels in light of Arbitration and Conciliation (Amendment) Act, 2015
Delhi High Court: Vibhu Bakhru, J., while addressing the matter in respect to the invocation of an arbitration clause expressed that: “…the
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
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
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
“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
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
The company, its veil and the arbitration of disputes
by Mikhail Behl* and Anupam Surve**
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.”
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**
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
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
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
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