Search Results for Tag : contract
Top Story
Government proposes quick settlement of contractual disputes to promote ease of doing business(08.02.2023)
The Ministry of Finance circulated a draft scheme. The government intends to bring one time settlement scheme called “Vivad se Vishwas II (Contractual.....
Tags : Contractual disputes, Quick settlement, Disputes
Government launches one-time settlement Scheme for Contractual Disputes(02.08.2023)
The Department of Expenditure, Ministry of Finance, has launched the scheme, "Vivad se Vishwas II - (Contractual Disputes), to effectively settle the .....
Tags : Settlement Scheme, Launch, Contractual Disputes
International Cases
Court must consider contract as a whole and, depending on nature, formality and quality of drafting of contract(29.03.2017)
Present appeal raises a question of contractual interpretation. It concerns an indemnity clause in an agreement dated 13 April 2010 (“the SPA”) for sa.....
Tags : Contract, Loss, Indemnity
An action in tort accrues when loss is actually suffered(12.08.2022)
Present is the third Defendant's application to strike out the plaintiffs' claim against it on the basis that the action is statute barred. The Plaint.....
Tags : Negligence, Contract, Legal services
Inability to quantify a claim at early stage is not necessarily a bar to the grant of a freezing order(13.07.2023)
The Plaintiff has commenced proceedings by writ filed claiming that the defendant has breached contractual and fiduciary duties arising out of his con.....
Tags : Contract, Freezing order, Grant
Onus is on the party seeking specific performance to prove the terms of the contract and compliance with any antecedent or reciprocal obligation(30.10.2023)
Present is an appeal against the judgment and order of the High Court, upholding the Respondent’s special plea that, the contractual relief sought by .....
Tags : Contractual relief, Denial, Legality
Grantee cannot acquire more rights than those afforded by the grantor(04.11.2020)
Present appeal is directed against an order of the High Court, which upheld the exception raised by the Respondent, Tip Trans Resources (Pty) Ltd. (Ti.....
Tags : Contract, Rights, Entitlement
Notifications & Circulars
Exchange Traded Cross Currency Derivatives contracts on various currency pairs introduced(09.03.2016)
The Securities and Exchange Board of India permitted stock exchanges to introduce cross-currency futures and options contracts on EUR-USD, GBP-USD and.....
Tags : Exchange traded, cross currency, derivatives contract
SEBI mulls Brightline Tests for Acquisition of ‘Control’(14.03.2016)
The Securities and Exchange Board of India released a discussion paper .....Tags : Brightline test, control, acquisition contractual
Comprehensive Risk Management Framework for National Commodity Derivatives Exchanges(01.10.2015)
With effect from 28 September, 2015, all recognized associations under the Forward Contracts (Regulation) Act, 1952 are deemed to be recognized stock .....
Tags : Risk management, forward contract, stock exchange
Permission for trading in futures contracts and modification in contract specifications at exchange level(20.09.2016)
As per Section 131 (4) of the Finance Act, 2015 all rules, directions, guidelines, instructions, circulars, or any like instruments, made by the erstw.....
Tags : Contracts, Permission, Exchange level
Modifications in the contract specifications of commodity derivatives contracts(14.11.2019)
1. SEBI vide its circular ref. no. SEBI/HO/CDMRD/CIR/2016/88 dated September 20, 2016 had inter-alia prescribed at Para 3(c) provisions regarding perm.....
Tags : Modifications, Contract specifications, Derivatives contracts
Designated Trade Repository under the Payment and Settlement Systems Act(23.03.2016)
The Clearing Corporation of India Limited will be the designated trade repository under Section 34 (2) of the Payment and Settlement Systems Act, 2007.....
Tags : Clearing corporation, trade repository, otc contract
Performance review of the commodity derivatives contracts(04.02.2020)
1. The primary objective of the commodity derivatives market is to provide credible future price signals to market participants and an effective platf.....
Tags : Review, Commodity derivatives, Contracts
Introduction of future contracts on Corporate Bond Indices(10.01.2023)
1. In order to enhance liquidity in the bond market and also to provide opportunity to the investors to hedge their positions, SEBI had constituted a .....
Tags : Introduction, future contracts, Corporate Bond
Staggered delivery, early delivery system, early pay-in facility, penalty on delivery default, fixation of FSP and changes in expiry dates(21.09.2016)
As per Section 131[B]of the Finance Act, 2015 all rules, directions, guidelines, instructions, circulars, or any like instruments, made by the erstwhi.....
Tags : Rules, Contracts, Continuation
Union Cabinet approves contract signing with L&T for three Cadet Training Ships, worth over Rs. 3,100 crore, under Buy (Indian-IDDM) category(01.03.2023)
The Union Cabinet has accorded approval to sign a contract with Larsen & Toubro Limited (L&T) for acquisition of three Cadet Training Ships, at an ove.....
Tags : Approval, Contract, Indian-IDDM
Calendar spread margin benefit in commodity futures contracts(09.08.2021)
1. SEBI had prescribed norms, inter-alia, for providing margin benefit on calendar spread positions in commodity futures contracts vide circular SEBI/.....
Tags : Benefit, Futures contracts
Reducing documentary requirements for hedging transactions(07.04.2016)
The Reserve Bank of India released proposals to ease documentation requirements on residents for hedging currency risk arising out of trade transactio.....
Tags : hedging risk, derivate contracts, documentary evidence
Government of India and European Investment Bank sign finance contract for first tranche loan of Euro 250 million for Agra Metro Rail project(23.12.2021)
Hon'ble Prime Minister Shri Narendra Modi had inaugurated construction work of Agra Metro project in Agra last year
The Government of India (.....
Tags : Finance contract, Signing of
Committee recommends modifications to Specific Relief Act 1963(20.06.2016)
An Expert Committee set up to bring changes in specific performance trends submitted its report proposing amendments to the Specific Relief Act 1963.<.....
Tags : Specific relief, damages, public contracts
Government Contracts World Class Bullet Proof Jackets for Army Under 'Make In India' Initiative(09.04.2018)
A major contract through capital procurement route, for procurement of 1,86,138 Bullet Proof Jackets (BPJs) has been signed. The impending requirement.....
Tags : Jackets, Bullet proof, Contract
Bilateral Netting of Qualified Financial Contracts- Amendments to Prudential Guidelines(30.03.2021)
1. The Bilateral Netting of Qualified Financial Contracts Act, 2020 (hereafter referred to as "the Act"), has been notified by the Government of India.....
Tags : Bilateral Netting, Financial Contracts, Amendments
Services provided to the Government, a local authority or a governmental authority with regard to water supply(22.08.2016)
It has been reported to the Board that in some cases contractors providing service of construction of tube wells for Government have been considered t.....
Tags : Contractors, Construction service, Government, Exemptions
India signs Contract for Exploration of Polymetallic Sulphides with International Seabed Authority(26.09.2016)
Ministry of Earth Sciences (MoES), Government of India, signed a 15-year contract with the International Seabed Authority (ISA), for exploration of Po.....
Tags : Contract, Signing, International Seabed Authority
News
Delhi High Court: Payment to Contractors Shouldn’t Be Delayed for Non-Availability of Funds(27.03.2018)
Delhi High Court has laid down guidelines for adherence by Contractors as well as authorities while making payments to such Contractors, noting that t.....
Tags : Delhi High Court, Contractors
Delhi HC Issues Guidelines for Municipal Corporations and Contractors(30.03.2018)
Delhi High Court has laid down certain guidelines, to be followed by contractors and Municipal Corporations, to ensure that works are duly carried out.....
Tags : Delhi High Court, Municipal Corporations and Contractors
AAR, Rajasthan: GST Not Applicable to Labour Contract Services for Construction of Flats Under PMAY(30.01.2020)
Authority of Advance Ruling (AAR), Rajasthan has held that Goods and Services Tax (GST) does not apply to labour contract services for the constructio.....
Tags : Authority for Advance Ruling, GST on Labour Contract Services
AAR, West Bengal: 12% GST Applicable on Contract for Dredging of Wular Lake(09.02.2021)
Authority of Advance Ruling (AAR), West Bengal has ruled that 12% Goods and Services Tax is applicable on contract for the dredging of Wular Lake, obs.....
Tags : Authority of Advance Ruling, Contract for Dredging of Wular Lake
AAR, Telangana: ITC Can be Availed on GST Charged by Contractor Supplying Service of Works(14.12.2021)
Authority of Advance Ruling (AAR), Telangana has ruled that input tax credit can be availed on goods and services tax (GST) charged by contractor supp.....
Tags : Authority of Advance Ruling, GST Charged by Contractor Supplying Service of Works
AAR, Maharashtra: 12% GST Chargeable by Sub-Contractor to Main Contractor(15.12.2021)
Authority of Advance Ruling (AAR), Maharashtra has ruled that 12% goods and services tax (GST) shall be charged by the sub-contractor to the main cont.....
Tags : Authority of Advance Ruling, Works Contract Service
Allahabad High Court Stays Hiring of Contractual Employees by State Government(25.11.2019)
Allahabad High Court has restrained the State Government from engaging service providers to provide contractual employees against regular sectioned po.....
Tags : Allahabad High Court, Contractual Employees
Supreme Court: Assignment of Interest is not Valid because it was not Clearly Prohibited in Contract(27.11.2019)
Supreme Court has observed that assignment of contractual interest cannot be held to be valid merely because there is no clear bar against assignabili.....
Tags : Supreme Court, Contract
Central Government Amends GFRs Permitting Payment of 75% Arbitral Amount to Contractors(10.11.2021)
Central Government has amended the General Financial Rules, 2017 (GFRs), followed by the government departments and agencies, to give effect to a Cabi.....
Tags : Central Government, Payment of Arbitral Award to Contractors
SC: Merely Having Explicit Clause Not Sufficient to Make Time Essence of The Contract(15.11.2021)
Supreme Court has observed that merely having an explicit clause may not be sufficient to make time the essence of the contract. The contractual claus.....
Tags : Supreme Court, Time Essence of Contract
Madras HC: Amendment to Additional Sales Tax Act Unconstitutional(03.10.2016)
Madras HC has declared unconstitutional inclusion of Explanation V to Section 2(1)(aa) of TN Additional Sales Tax Act, 1970, in 2002 to levy additiona.....
Tags : Madras HC , TN Additional Sales Tax Act, works contractors
HP HC: Contractual Workers Also Entitled to Benefits Under Maternity Benefits Act(20.07.2020)
Himachal Pradesh High Court has held that the benefit of maternity leaves is available to contractual employees also, with all consequential benefits,.....
Tags : Himachal Pradesh High Court, Maternity Benefit, Contractual Employees
SC: Absence of Arbitration Agreement Make Article 137 of Limitation Act Inapplicable to Arbitration(07.04.2022)
Supreme Court has observed that Article 137 of the Limitation Act, 1963 would be inapplicable in arbitration proceedings commenced under Bihar Public .....
Tags : Supreme Court, Article 137 of the Limitation Act, 1963, Bihar Public Works Contracts Disputes Arbitration Tribunal, arbitration proceedings
Delhi HC: Breach of Contract u/s 74 Not Applicable at Pre-Formation Stage(07.04.2022)
Delhi High Court has admitted a writ petition that seeks refund of bid security paid by Indian Hotels Company Limited (IHCL) and has dismissed the all.....
Tags : Delhi High Court, bid security, Indian Hotels Company Limited, pre-formation stage, breach of contract
CESTAT, Delhi: No Service Tax on Toll Collection on Behalf of NHAI(08.04.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi has observed that an independent contractor is not liable to pay service tax while .....
Tags : Customs, Excise and Service Tax Appellate Tribunal, independent contractor, National Highways Authority of India, toll collection
Punjab & Haryana HC: Appointment on Contractual Basis Without Public Advertisement Not Regularized(11.04.2022)
Punjab and Haryana High Court has observed that employees appointed on contractual basis sans any advertisement and contrary to the provisions of Arti.....
Tags : Punjab and Haryana High Court, contractual basis, advertisement, Article 14, Article 16, Constitution of India
AP HC Seeks Report on Non-Payment of Dues to Two Private Contractors(30.06.2021)
Andhra Pradesh High Court has sought a report on seemingly 'pathetic' financial status of the State Government along with reasons for non-payment of d.....
Tags : Andhra Pradesh High Court, Non-Payment of Dues to Two Private Contractors
Chhattisgarh HC bar University From Replacing Guest Lecturer Except by Way of Regular Appointment(05.05.2022)
Chhattisgarh High Court has reiterated that because a person is selected as a Guest Lecturer at a college or a University, doesn’t mean that he/she do.....
Tags : Chhattisgarh High Court, contractual appointments, legitimate expectation, Guest Lecturer, complaint
Chhattisgarh HC bars University From Replacing Guest Lecturer Except by Way of Regular Appointment(05.05.2022)
Chhattisgarh High Court has reiterated that because a person is selected as a Guest Lecturer at a college or a University, doesn’t mean that he/she do.....
Tags : Chhattisgarh High Court, contractual appointments, legitimate expectation, Guest Lecturer, complaint
Delhi HC: If Contract Is Extended, It Can’t be Allowed to Reduce Extension Period Retrospectively(09.05.2022)
Delhi High Court has ruled that when the employer has granted an extension of time to the contractor for a specified period, it cannot turn around to .....
Tags : Delhi High Court, extension of time, provisional, contract
CESTAT Allows to Pay Service Tax for Construction of Residential Complex(10.05.2022)
Customs, Excise & Service Tax Appellate, Bangalore has allowed to Pay Service Tax under Composition scheme of Works Contract (Composition Scheme for P.....
Tags : Customs, Excise & Service Tax Appellate, Service Tax, Composition scheme of Works Contract (Composition Scheme for Payment of Service Tax) Rules, Residential Complex
Sebi Sets Position Limit for Cross-currency F&O Contract(29.05.2017)
Sebi has fixed position limit for Brokers & Institutional investors operating in International Financial Services Centres for cross-currency futures a.....
Tags : Sebi, F&O Contract
Delhi High Court: Ensure Employees Paid as per Service Contract Every Month(30.05.2019)
Delhi High Court has directed the municipal corporations of North and East Delhi to ensure salaries are disbursed to their employees, including doctor.....
Tags : Delhi High Court, Contract
Bombay HC: Threshold of Public Interest Must to Stop Bypassing of Civil Courts(29.03.2022)
Bombay High Court has held that a writ Court should not exercise its powers in contractual matters under Article 226 of the Constitution, unless the s.....
Tags : Bombay High Court, Public Interest, Civil Court, Judicial Review, Contractual Obligation
Andhra Pradesh HC: In Contract, Rate of Interest May be customized by Court on Equitable Grounds:(30.03.2022)
Andhra Pradesh High Court has decided that where the rate of interest is fixed in the contract, it would be open to the Court to alter the rate of int.....
Tags : Andhra Pradesh High Court, Interest Rate, Contract
SC: Service Rendered as Contractual Employee Won't Qualify for Pensionary Benefits(29.03.2023)
Supreme Court while observing that Service rendered as contractual cannot be said to be service rendered on a substantive appointment has held that ne.....
Tags : Supreme Court, Pensionary Benefits, Contractual Employee
Hyderabad High Court : Disciplinary Action Can't be Different in Case of Contract Employees(18.01.2016)
Hyderabad High Court has made it clear that in matter of disciplinary proceedings a differential treatment cannot be meted out to an accused contract .....
Tags : Hyderabad High Court, Contract Employees
Delhi HC Orders 50% Salary Arrears Payment to Contractual Employees of DCW(23.12.2016)
Delhi High Court has ordered release of 50% salary arrears of contractual employees of Delhi Commission for Women (DCW), that includes acid attack vic.....
Tags : Delhi High Court, Delhi Commission for Women, contractual employees
Punjab & Haryana HC Terms Ad Hocism Arrangement in Educational Institutions a Disease(02.01.2017)
Punjab and Haryana High Court, miffed over ad hocism and contractual arrangements in educational institutions across Haryana, has said such appointmen.....
Tags : Punjab & Haryana HC, contractual, educational institutions
Plaintiff Entitled To Specific Performance of Contract If He Sticks to Terms of Contract: Kerala HC(14.12.2017)
Kerala High Court has held that a plaintiff is entitled to specific performance of contract only if he sticks to the original terms of the contract.
Tags : Kerala High Court, Contract
Maternity Benefits to Contractual Employees can't be Denied: Kerala HC(03.01.2019)
Kerala High Court has reiterated that maternity benefits cannot be denied to women employees just because they are contractual employees.
Tags : Kerala High Court, Maternity Benefits to Contractual Employees
Gauhati HC: Second Marriage Contracted by Muslim Man with Hindu Woman is Void(13.09.2021)
Gauhati High Court has observed that section 4 of the Special Marriage Act, 1954 does not save a second marriage contracted by a Muslim male with a Hi.....
Tags : Gauhati High Court, Second Marriage Contracted by Muslim Man with Hindu Woman
Del. HC: Supplementary Agreement Executed Under Duress Can’t Preclude Party to Claim Damages(14.08.2023)
Delhi High Court has held that a supplementary agreement executed by a contractor forego of its claims cannot preclude him from claiming damages if th.....
Tags : Delhi High Court, Supplementary Agreement, BOT contracts
Apex Court Refuses to Regularise Bihar Contractual Teachers Jobs(10.05.2019)
Supreme Court has in a major setback to at least 3.5 lakh contractual teachers in Bihar refused to regularise their jobs.
Tags : Apex Court, Bihar Contractual Teachers
NHAI Clears Contractors’ Bills Worth Rs 25,000 Crore(01.04.2020)
National Highways Authority of India (NHAI) has cleared bills worth Rs. 25,000 Crore owed to contractors in March, 2020, expediting the process after .....
Tags : National Highways Authority of India, Contractors' Bills
Chhattisgarh HC Restrains NTPC from Invoking Bank Guarantee Against Contracting Party(01.02.2022)
Chhattisgarh High Court has directed the National Thermal Power Corporation [NTPC] to try and amicably resolve a contractual dispute before proceeding.....
Tags : Chhattisgarh High Court, Bank Guarantee Against Contracting Party
Delhi HC Upholds Use of Rule of Contra Proferentem by Arbitrator While Interpreting Contract(06.02.2023)
Delhi High Court has held that if the arbitrator uses a contract executed between the parties to determine a dispute, the clauses of the contract shou.....
Tags : Delhi High Court, Rule of Contra Proferentem, Contract
Supreme Court: Entering Into Sale Agreement With Minor is Void and Unenforceable(27.02.2024)
Supreme Court has held that per the Contract Act, 1872 it is clearly stated that for an agreement to become a contract, the parties must be competent .....
Tags : Supreme Court, Contract Act, 1872, Sale Agreement, Minor
Supreme Court: Distributor Not An Agent But An Independent Contractor(01.03.2024)
SC has held that legal position of a distributor is generally different from an agent. Distributor buys goods on his account and sells them in his ter.....
Tags : Supreme Court, Independent Contractor, Distributor
Supreme Court: Marriage Contracted During Pendency of Appeal from Divorce Decree Not Void(24.02.2020)
Supreme Court has observed that a marriage contracted during the pendency of an Appeal from a divorce decree is not void ab initio especially when suc.....
Tags : Supreme Court, Marriage Contracted During Pendency of Appeal from Divorce
Bombay High Court Grants Status Quo Relief to SpiceJet Contractual Employees(27.01.2022)
Bombay High Court has directed SpiceJet in an interim order that no new contractual employees or personnel be deployed by any agency. Further, the Cou.....
Tags : Bombay High Court, SpiceJet Contractual Employees
Gauhati HC: Can’t Award Damages for Additional Work Done Without Consent of Employer(27.12.2022)
Gauhati High Court has held that arbitrator can’t invoke Section 70 of Indian Contract Act to award damages for the additional work carried out withou.....
Tags : Gauhati High Court, Damages, Additional Work, Contract Act
J&K&L HC: Cause of Action in Case of Contract of Insurance Accrues on Date of Repudiation of Claim(02.01.2023)
Jammu and Kashmir and Ladakh High Court has observed that 'cause of action' in an insurance case can also accrue on the date the claim lodged by the i.....
Tags : Jammu and Kashmir and Ladakh High Court, Contract of Insurance, Repudiation
Delhi High Court: Contractual Clauses and Party’s Conduct Infer Seat of Arbitration(20.02.2024)
Delhi High Court has held that determination of seat of arbitration should be done on the basis of the clauses of agreement and the conduct of parties.....
Tags : Delhi High Court, Seat of Arbitration, Contractual Clauses
Cal. HC: Clause in GCC Specifying App. of Officers For Arbitration Violative of S. 12(5) of A&C Act(26.02.2024)
Calcutta High Court has held that General Conditions of Contract (GCC) Clause that stipulates appointment of three gazetted officers of railway for ar.....
Tags : Calcutta High Court, General Conditions of Contract, S. 12(5) of A&C Act
Kerala HC Quashes Decision to Exclude JV of Contractor Accused of 'Palarivattom Flyover Scam'(05.05.2020)
Kerala High Court has reiterated the principle that the blacklisting of a contractor cannot be done without affording an opportunity of prior hearing......
Tags : Kerala High Court, Blacklisting of Contractor
Andhra Pradesh High Court: Executed Power Contracts Cannot be Renegotiated(16.03.2022)
Andhra Pradesh High Court has held that executed power contracts cannot be renegotiated and asked the state to clear dues estimated at Rs 30,000 Crore.....
Tags : Andhra Pradesh High Court, Power Contracts
SC: Arbitrator Can Award Pendente Lite Interest if Not Barred Under Contract(20.03.2023)
Supreme Court has held that unless there is a specific bar under the contract, Arbitrator can award pendente lite interest in view of Section 31(7)(a).....
Tags : Supreme Court, Pendente Lite, Arbitrator, Contract
Bom HC: Facilitation Council Has No Jurisdiction to Conduct Arbitration Dispute of Works Contract(23.03.2023)
Bombay High Court while observing that works contract is not amenable to provisions of MSMED Act, and therefore Act could not have been invoked by cla.....
Tags : Bombay High Court, MSMED, Works Contract, Facilitation Council
All. HC: Can’t Declare Transaction Benami on Contractor’s Statement Without Relevant Material(29.04.2024)
Allahabad High Court has held that construction cannot be declared as benami under the Prohibition of Benami Property Transactions Act, 1988 merely on.....
Tags : Allahabad High Court, Benami, Contractor’s Statement
SC: It is Up to the Arbitral Tribunal to Adjudicate Upon Construction of Terms of Contract(10.05.2024)
SC has held that it is for Arbitral Tribunal to adjudicate upon construction of terms of a contract. If Arbitral Tribunal takes a particular view on i.....
Tags : Supreme Court, Terms of Contract, Arbitral Tribunal, Section 34 of A&C Act
Delhi HC Gives Centre 60 Days for Finalizing Cairn’s Barmer PSC Extension(08.11.2016)
Delhi High Court has given Central Government another two months to arrive at its decision regarding extension of a Production Sharing Contract (PSC) .....
Tags : Delhi High Court, Production Sharing Contract, Cairn India
Karnataka High Court: 'Contract Workers Need Not Be Regularised'(09.10.2017)
Karnataka High Court has said that contractual workers do not have a right to seek regularisation or absorption.
Tags : Karnataka High Court, Contract Workers
SC: Self-Serving Statements on Income will not be Enough to Prove Readiness and Willingness(19.09.2019)
Supreme Court has observed that self serving statements on income without any proof of financial resources will not be enough to prove that Plaintiff .....
Tags : SC, Contract
Delhi HC: Exception 3 to Section 28 Contract Act Does Not Deal with Bank Guarantees(02.08.2021)
Delhi High Court has interpreted Exception 3 to Section 28 of the Indian Contract Act 1872 to hold that it does not deal with 'claim period' under Ban.....
Tags : Delhi High Court, Exception 3 to Section 28 Contract Act
Cal. HC: Consolidated Claim from Different Purchase Order Containing Arbitration Clause Not Invalid(18.05.2023)
Calcutta High Court has held that arbitration clauses in different purchase orders that are linked to a single main contract can be treated as a conso.....
Tags : Calcutta High Court, Arbitration, Purchase Orders, Main Contract
Delhi High Court: In Employment, Disputes Relating to Lock-In Periods are Arbitrable(15.07.2024)
Delhi High Court has held that disputes relating to lock-in periods applying while employment contract is subsisting are arbitrable under the Arbitrat.....
Tags : Delhi High Court, A&C Act, Employment Contract
SC: Dispute regarding Discharge of Contract is Arbitrable as per Arbitration Agreement(22.07.2024)
SC has observed that once contract has been discharged by performance, no right to seek performance, or to perform any obligation remains under it but.....
Tags : Supreme Court, Arbitration Agreement, Discharge of Contract
Calcutta High Court: Raise Pay of 11 Contractual Teachers(05.07.2019)
Calcutta High Court has directed the state education department to pay at least Rs 14,500 as the the minimum basic pay of assistant teachers to 11 te.....
Tags : Caclutta High Court, Contractual Teachers
SC: Settlement Between Union & Employer Wouldn’t Override Model Standing Orders(26.07.2023)
Supreme Court has held that employer and employee union cannot enter into a contract overriding the statutory contract embodied in the certified Stand.....
Tags : Supreme Court, Employee Union. Contract, Model Standing Orders
Gujarat HC: Scope of Judicial Review is Limited in Contractual Matters Involving Technical Issues(13.06.2022)
Gujarat High Court while refusing to interfere with order of Dispute Resolution Panel, has held that the scope of judicial review in contractual matte.....
Tags : Gujarat High Court, Contractual Matters, Technical Issues
SC: State Must Abide by Article 14, Irrespective of Being in the Contractual Realm(07.07.2023)
Supreme Court has held that despite the fact that the issue falls into the contractual realm, the State has an obligation to comply with the requireme.....
Tags : Supreme Court, Contractual Realm, Article 14
Del HC: NHAI can Enter into Contract for Collecting Fee on Behalf of Centre(07.07.2023)
Delhi High Court while observing that NHAI’s contracts with toll collectors are not in violation of the National Highways Act, 1956 and its 2008 rules.....
Tags : Delhi High Court, NHAI, Fee, Contract
Canada Court: Thumbs Up Emoji Amounts to Agreement(10.07.2023)
Canada Court while observing that ‘Thumbs Up’ emoji is an action in electronic form that can be used to express acceptance under Electronic Informatio.....
Tags : Canada Court, Thumbs Up Emoji, Contract, Acceptance
JKL HC: Safeguards Available to Regular Employee Not Available to Contractual Employee(13.07.2023)
Jammu and Kashmir High Court has held that person not working as a regular employee but is engaged on temporary basis on consolidated wages does not h.....
Tags : Jammu and Kashmir High Court, Contractual Employee, Safeguards
Del. HC: Can’t Award Compensation for Breach of Contract in Absence of Legal Injury(24.10.2024)
Delhi High Court has held that in case of breach of contract, if there is absence of legal injury then no compensation can be awarded for such breach.
Tags : Delhi High Court, Breach of Contract, Legal Injury
Delhi HC Denies to Quash FIR against Contractor(02.08.2016)
Delhi HC has denied to quash a criminal case against a contractor whose alleged negligence in adopting safety measures at a construction site had led .....
Tags : Delhi HC, Contractor
CESTAT, Delhi: Service Tax Not Payable on Liquidated Damages(26.04.2022)
Customs, Excise and Service Tax Appellate Tribunal, Delhi has observed that service tax is not to be paid on liquidated damages recovered on the failu.....
Tags : Customs, Excise and Service Tax Appellate Tribunal, service tax, contract
Telangana HC: Parties Cannot be Referred to Arbitration in Absence of Privity of Contract(28.04.2022)
Telangana High Court has observed that in the absence of a privity of contract parties cannot be referred to arbitration.
Tags : Telangana High Court, privity of contract, arbitration
Meg. HC: Party Breaching Contract is Liable to Pay Compensation for Only ‘Actual Loss’(23.06.2023)
Meghalaya High Court has held that notwithstanding any agreement between parties, the party in breach of contract is liable to compensate the other pa.....
Tags : Meghalaya High Court, Breach of Contract, Actual Loss, Compensate
SC: Execution Court Can Entertain Application u/s 28 of Specific Relief Act(05.09.2024)
SC has held that an application under Section 28 of Specific Relief Act, 1963 either for rescission of contract or for extension of time, can be enter.....
Tags : Supreme Court, Execution Court, Rescission of Contract
SC: Government Bodies Expected to Uphold Fairness & Equality While Dealing With Contractual Matters(07.10.2024)
SC has stated that Govt. bodies are expected to uphold fairness, equality & public interest while dealing with contractual matters. Right to equality .....
Tags : Supreme Court, Contractual Matters, Government Bodies
ITAT: Deduction of Compensation for Breach of Contract Can’t be Allowed Based Only on Bank Statement(13.07.2022)
Income Tax Appellate Tribunal (ITAT), Pune Bench has held that deduction of compensation paid for breach of contract cannot be allowed based on bank s.....
Tags : ITAT, Contract, Bank Statement
SC: Can’t Expect Excellence in Institutions When There is Constant Inflow and Outflow of Teachers(14.09.2023)
Supreme Court while expressing concerns at the National Law University, Jodhpur, operating only with contractual teachers, has observed that one canno.....
Tags : Supreme Court, Teachers, Contractual
SC: Continuous Working on Contractual Basis Doesn’t Created Any Legal Right for Regularization(19.09.2023)
Supreme Court has held that continuous working in an institute on contractual basis does not create any legal right in their favour to be absorbed or .....
Tags : Supreme Court, Contractual Basis, Regularization
JH. HC: Criminal Liability Can’t be Levied in Every Case of Breach of Contract(20.09.2023)
Jharkhand High Court has held that criminality cannot be fastened upon the accused persons on mere breach of contract in every case, and parties shoul.....
Tags : Jharkhand High Court, Breach of Contract, Criminal Liability
SC: Can’t Set Aside Arbitral Award on Mere Possibility of Alternate Interpretation of Contract(21.08.2023)
Supreme Court while observing that the jurisdiction u/s 34 of A&C Act is exercised only to see if the Tribunal’s view is perverse or manifestly arbitr.....
Tags : Supreme Court, Arbitral Award, Contract
Delhi HC Upholds DRDO Decision to Bar Entities With Pending Criminal Cases from Defence Contracts(12.08.2022)
Delhi High Court has held that DRDO’s policy decision requiring the bidders for defence contracts to submit an undertaking that there is no ongoing en.....
Tags : Delhi High Court, DRDO, Defence Contracts, National Importance
Del. HC: Legislative Intent of 2018 Amendment of SRA was Towards Stronger Enforcement of Contracts(06.09.2023)
Delhi High Court while observing that intent behind 2018 Amendment of Specific Relief Act was to introduce more certainty in enforcement of contracts,.....
Tags : Delhi High Court, Specific Relief, Enforcement of Contract
Kerala HC Disposes Plea Questioning Practices Related To Engaging Foreign Pilots On Contract(30.09.2021)
Kerala High Court has directed a former Indigo Airlines Captain, a Portuguese national who had questioned practices related to engaging foreign pilots.....
Tags : Kerala High Court, Foreign Pilots On Contract
Bombay HC: Contract Discharged by Settlement Can’t be Referred to Arbitration(18.08.2022)
Bombay High Court has held that once a settlement is arrived at by the parties, the contract between the parties stands discharged by mutual agreement.....
Tags : Bombay High Court, Arbitration, Contract, Settlement
Madras HC: Municipalities Can't Engage Manual Scavengers Through Private Contractors(23.08.2022)
Madras High Court has held that if any municipality was seen to engage in the practice of manual scavenging, even through private contractors, the Com.....
Tags : Madras High Court, Manual Scavengers, Private Contractors
Concealing Earlier Marriage and Entering into Contract of Marriage Amounts to Fraud: Kerala HC(20.11.2018)
Kerala High Court has observed that concealment of a vital fact about earlier marriage while entering into a contract of marriage by itself amounts to.....
Tags : Kerala High Court, Concealment of marriage, contract of marriage
AAAR: Number of Tasks Entrusted Through Single Contract Would Not Constitute ‘Composite Supply’(16.09.2021)
Appellate Authority of Advance Ruling (AAAR), Karnataka has ruled that the number of tasks entrusted through a single contract would not constitute ‘c.....
Tags : Appellate Authority of Advance Ruling, Number of Tasks Entrusted Through Single Contract
SC: Successful Allottee or Bidder to Decide on Existing Contracts in Coal Mining Operation(22.09.2021)
Supreme Court has observed that a successful allottee or bidder has complete freedom to decide as to whether he desires to continue or adopt any such .....
Tags : Supreme Court, Contracts in Coal Mining Operation
Del. HC: Judicial Review of Govt Contracts Permitted If Illegality in Decision Making Process Exists(06.09.2022)
Delhi High Court has held that scope of judicial review in matters of government contracts is limited and can only be exercised if there is patent unr.....
Tags : Delhi High Court, Government Contract, Illegality
Delhi HC: Hindu Marriage Is Sacrament, Not A Contract(30.01.2017)
Delhi HC, while rejecting plea of a woman to be declared as legally wedded wife of a government servant, now deceased, so that she can get a job on co.....
Tags : Delhi HC, Hindu Marriage, Contract
CESTAT: No Vivisection in Service and Material Components of Contract is Composite Works Contract(16.01.2020)
Customs, Excise, and Service Tax Appellate Tribunal Hyderabad has held that where a contract cannot be vivisection between service component and mater.....
Tags : Customs, Excise, and Service Tax Appellate Tribunal, Composite Works Contract
AAR, Telangana: ITC Can be Availed on GST Charged by Contractor Supplying Service of Works(14.12.2021)
Authority of Advance Ruling (AAR), Telangana has ruled that input tax credit can be availed on goods and services tax (GST) charged by contractor supp.....
Tags : Authority of Advance Ruling, GST Charged by Contractor Supplying Service of Works
Ker. HC: Dependents of Independent Contractor Not Entitled Under Employees Compensation Act(24.11.2023)
Kerala High Court while upholding an order passed by Employees Compensation Commissioner against the dependents of an independent contractor, has held.....
Tags : Kerala High Court, Independent Contractor, Employees Compensation
CIVIL - SC Strikes Down Rs. 6,300-cr Food Contracts(11.03.2019)
Supreme Court (SC) has struck down tenders worth Rs 6,300 crore issued in 2016 by the Maharashtra women and child development department for supplying.....
Tags : Supreme Court, Food Contracts, Take Home Ration (THR)
Supreme Court: Contractual Workers Entitled to Provident Fund Benefits(20.01.2020)
Supreme Court has ruled that casual workers are entitled to social security benefits under the Employees’ Provident Funds and Miscellaneous Provisions.....
Tags : Supreme Court, Contractual Workers
Supreme Court: Plaintiff Can’t Seek Specific Performance & Injunction in One Suit(17.04.2018)
Supreme Court has held that a plaintiff could not claim the relief of specific performance of agreement along with the relief of a permanent injunctio.....
Tags : Supreme Court, Contract
CONTRACT - Writ Petitions in Contract Matters Maintainable When There is Arbitrariness By State: SC(22.03.2019)
Supreme Court has reiterated that even in contract matters, a writ petition under Article 226 of the Constitution of India can be entertained by the h.....
Tags : Supreme Court, Writ Petitions, Contract Matters
SC: Contract is Void if Prohibited by Statute Under a Penalty(01.03.2021)
Supreme Court has observed that a contract is void if prohibited by a statute under a penalty, even without express declaration that the contract is v.....
Tags : Supreme Court, Void Contract
SC: Businessmen Will Be Hesitant to Enter Govt Contracts If Undertakings Altered Regularly(01.12.2021)
Supreme Court has cautioned against the public authorities changing the undertakings in government contracts merely due to the change of person in pow.....
Tags : Supreme Court, Alteration of Government Contracts
SC: Contract Can be Concluded Only When All Parties Are in Agreement on All Essential Terms(23.11.2022)
Supreme Court has held that a contract can be said to be concluded only when parties are in agreement on all the essential terms of the contract.
Tags : Supreme Court, Essential Terms, Contract
Bombay HC Denies Bail to Chintan Upadhyay in Double Murder Case(03.02.2017)
Bombay High Court, while rejecting bail to Chintan Upadhyay in case of double murder of his artist wife Hema Upadhyay and her lawyer Haresh Bhambani, .....
Tags : Bombay High Court, Chintan Upadhyay , contract killing
CESTAT, Chennai: No Service Tax Leviable on Goods Component of Composite Works Contract(19.11.2021)
Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Chennai has held that no service tax is leviable on goods component of composite works c.....
Tags : Customs, Excise, and Service Tax Appellate Tribunal, Service Tax Leviable on Goods Component of Composite Works Contract
SC: Discretion Has No Place in Contractual Matters Unless it is Expressely Incorporated in Contract(21.11.2022)
Supreme Court has held rights and duties of the parties to the contract subsist or perish in terms of the contract itself, and if a party to the contr.....
Tags : Supreme Court, Contract, Discretion
SC: Contractual Expressions Must be Understood as Intended by Parties to Contract(21.11.2022)
Supreme Court has held that process of interpretation, though the exclusive domain of the Court, inheres the duty to decipher the meaning attributed .....
Tags : Supreme Court, Contract, Interpretation
Madhya Pradesh HC: Delegation of Work Shall not Lead to Arbitrary Reduction of Contract Wages(22.01.2024)
Madhya Pradesh High Court has held that contract wages of employees cannot be reduced arbitrarily and illegally in case of delegation of work.
Tags : Madhya Pradesh High Court, Contract Wages, Arbitrary Reduction
Kerala High Court Stays Government Orders for Regularizing Temporary/Contract Employees(05.03.2021)
Kerala High Court has directed a halt on the Government Order regularising the services of those who completed ten years of service in semi-government.....
Tags : Kerala High Court, Regularizing Temporary/Contract Employees
SC: NCLT Has Jurisdiction to Adjudicate Contractual Disputes(08.03.2021)
Supreme Court has observed that the National Company Law Tribunal has jurisdiction to adjudicate contractual disputes, which arise solely from or whic.....
Tags : Supreme Court, Contractual Disputes
P&H HC Declines Protection to Couples in "Contractual Live-In-Relationship"(12.03.2021)
Punjab & Haryana High Court has declined protection to a couple, registering its disapproval of 'new concept of contractual Live-In-Relation' backed b.....
Tags : Punjab & Haryana High Court, "Contractual Live-In-Relationship"
Bombay HC: Application of Hudson's Formula for Computation of Loss is Not Unreasonable(12.12.2022)
Bombay High Court has held that Hudson's formula is widely accepted in construction contracts for computing losses and therefore the application of th.....
Tags : Bombay High Court, Hudson's Formula, Construction Contracts
SC: Legal Representatives Not Responsible to Discharge Contractual Obligations of Deceased(04.03.2024)
Supreme Court has held that in the case of a personal obligation imposed on deceased, his estate doesn’t become liable and therefore, the legal repres.....
Tags : Supreme Court, Legal Representatives, Contractual Obligations
Delhi HC Directs ESIC to Constitute Committee to Frame Policy for Welfare of Contractual Workers(08.02.2022)
Delhi High Court has directed the Employees' State Insurance Corporation (ESIC) to constitute a committee which will frame a policy for the welfare of.....
Tags : Delhi High Court, Policy for Welfare of Contractual Workers
Delhi HC: Chance of More Money Can’t be Sole Criteria for Terminating Contract(17.01.2023)
Delhi High Court while allowing petitions challenging NHAI’s decision to invite fresh bids for collection of user fee at two toll plazas has held that.....
Tags : Delhi High Court, Public Contract, Termination, NHAI
SC: Departure from Tender Route for Awarding Govt. Contract Must be Reasonable(04.01.2023)
Supreme Court while observing that State does not have absolute discretion while spending public money has held that government contracts must be ordi.....
Tags : Supreme Court, Tender, Government Contract
SC: Party to Contract Can’t Question Amount Levied as Per Contract After Signing it(16.01.2023)
Supreme Court has held that signing a contract and issuing an undertaking in accordance with the contract would estop the parties from challenging the.....
Tags : Supreme Court, Contract, Estop, Consideration
Supreme Court: Workers Performing Perennial/Permanent Nature of Work Not Contractual Workers(14.03.2024)
Supreme Court while granting regularization to workers, has held that workers involved in performing perennial/permanent nature of work cannot be cons.....
Tags : Supreme Court, Contractual Workers, Regularization
Del. HC: Women Working on Contractual Basis Also Entitled to Benefits Under Maternity Benefit Act(14.03.2024)
Delhi High Court has observed that women working on a contractual basis are also entitled to benefits under the Maternity Benefit Act, 1961 even if th.....
Tags : Delhi High Court, Maternity Benefit Act, Contractual Basis
SC: States to Inform About Steps Taken to Regularise Special Teachers Engaged on Contractual Basis(14.03.2024)
Supreme Court has asked all the States to disclose information regarding the steps taken in order to regularise the services of special teachers engag.....
Tags : Supreme Court, Contractual Basis, Regularise
MP HC: Govt Rates Not Applicable on Rates Agreed in a Contract(14.07.2017)
Madhya Pradesh High Court has held that data entry charges fixed by the Union government were not applicable on a contract signed by a private firm wi.....
Tags : Madhya Pradesh High Court, Contract
Delhi HC: Injunction for Interference with Contractual Relations Violates Article 19(5)(19.05.2020)
Delhi High Court has held that providing injunction for alleged interference with contractual relations of two parties, in absence of any law, would v.....
Tags : Delhi High Court, Injunction for Interference with Contractual Relations
SC: Mere Breach of Contract Not Basis to Initiate Criminal Case for Cheating(06.03.2023)
Supreme Court while observing that criminal Courts are not meant to be used for settling scores or pressurize parties to settle civil disputes, has he.....
Tags : Supreme Court, Breach of Contract, Cheating
Madras HC: Can’t Reduce Legal Professional to a Contract Worker(06.03.2023)
Madras High Court while criticizing State for its Orders determining ceiling limit of fees payable to advocates appearing on behalf of Government, obs.....
Tags : Madras High Court, Legal Professional, Contract Worker
Supreme Court Stays Bombay HC Verdict on Levy of Stamp Duty on Advertisement Contracts(28.03.2017)
Supreme Court has stayed Bombay High Court judgment which had dismissed the challenge against levy of stamp duty on contracts entered into by advertis.....
Tags : Supreme Court, Advertisement Contracts, Stamp Duty
SC: Novation of Contract Cannot be Considered in Petition Under Section 11 Arbitration Act(07.04.2021)
Supreme Court has observed that the question of novation of contract containing an arbitration clause cannot be considered by the Court in a petition .....
Tags : Supreme Court, Novation of Contract
SC: Writ Jurisdiction Can be Applied When Contractual Terms Imposed by State are Arbitrary(09.02.2023)
Supreme Court while invalidating GAIL's Condition imposed on IPCL, has held that if the State in its contractual dealings fails to exercise a degree o.....
Tags : Supreme Court, Writ Jurisdiction, Contractual Terms, Arbitrary
Madhya Pradesh HC: If Efficacious Remedy Available Before Arbitrator Writ Will Not be Maintainable(15.04.2024)
Madhya Pradesh High Court has held that if an efficacious contractual remedy is available before the Arbitrator then the writ petition will not be ent.....
Tags : Madhya Pradesh High Court, Contractual Remedy, Writ Petition
Del. HC: Arbitrator Can Declare Terms of Contract Null Even if Not Sought by Party in Pleadings(15.03.2023)
Delhi High Court while observing that it is within the domain of the Arbitrator to interpret the terms of the contract has held that arbitrator can de.....
Tags : Delhi High Court, Arbitrator, Contract, Pleadings
Del. HC: Arbitration Award Violating Indian Contracts Act is Patently Illegal(15.03.2023)
Delhi High Court while partially set aside an arbitration award that was passed in contravention of Sections 59-61 of Indian Contracts Act (ICA), 1872.....
Tags : Delhi High Court, Contracts Act, Arbitration Award, Violation, Illegal
JKL HC: No Absolute Bar to Invoke Writ Jurisdiction in Contractual Matters With State(16.03.2023)
Jammu and Kashmir and Ladakh High Court has observed that there has been paradigm shift in approach of the Courts in exercise of its Writ Jurisdiction.....
Tags : Jammu and Kashmir and Ladakh High Court, Writ Jurisdiction, Contractual matter
Kar. HC: For Disqua. Under Gram Swaraj & Panchayat Act, Subsisting Contract With Panchayat Necessary(13.05.2024)
Karnataka High Court has held that in order to disqualify a Panchayat member under Section 12 (h) of the Karnataka Gram Swaraj and Panchayat Raj Act, .....
Tags : Karnataka High Court, Subsisting Contract, Disqualification, Panchayat
Supreme Court Defines Tests to Find Out Whether Contract Labourers are Direct Employees or Not?(12.06.2019)
Supreme Court has observed while applying tests laid down by precedents for determining whether a contract labourer is a direct employee or not has qu.....
Tags : Supreme Court, Contract Labourers
AAR, Maharashtra: GST Payable on Composite Supply of Work Contract Involving Earth Work(15.04.2022)
Authority of Advance Ruling (AAR), Maharashtra has ruled that goods and services tax (GST) is payable on the composite supply of work contracts involv.....
Tags : Authority of Advance Ruling, Composite Supply of Work Contract
Delhi HC: Failure to Issue Notice for Additional Payment Does Not Preclude Later Claim(18.04.2022)
Delhi High Court has held that the failure on the part of the contractor to issue notice under the contract does not deprive him of his right to claim.....
Tags : Delhi High Court, contract, arbitral tribunal
ITAT, Bangalore: Payment of Sub Contracting Charges to Subsidiary Liable to TDS(18.04.2022)
Income Tax Appellate Tribunal, Bangalore has observed that payment of sub-contracting charges to subsidiary is liable to Tax Deduction at Source.
Tags : Income Tax Appellate Tribunal, Tax Deduction at Source, sub-contracting charges
AAR, Maharashtra: Composite Supply of Works Contract Not Covered Under Term Earth Work(19.04.2022)
Authority for Advance Ruling, Maharashtra has observed that the composite supply of works contract is not covered under the term Earth Work.
Tags : Authority for Advance Ruling, contract, Earth Work
SC: Arbitration Agreement in Unstamped Contract Which is Exigible to Stamp Duty Not Enforceable(25.04.2023)
Supreme Court Constitution Bench has held that instrument which is exigible to stamp duty may contain arbitration clause and which is not stamped can’.....
Tags : Supreme Court, Constitution Bench, Arbitration Agreement, Unstamped Contract
Jh. HC: Deliberate Departure from Terms of Contract May Amount to Malafide Action by Arbitrator(10.04.2023)
Jharkhand High Court has observed that deliberate departure from the contract amounts not only to manifest disregard of its authority or misconduct on.....
Tags : Jharkhand High Court, Departure, Terms of Contract, Arbitrator
ITAT, Mumbai: Depreciation Allowable on Marketing Information and Non-Compete Fee(11.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that the depreciation is allowable on intangible assets such as marketing information comprising of.....
Tags : Income Tax Appellate Tribunal, depreciation, intangible, marketing information, Commercial information, Customer data, Distribution network, Suppliers contract, Non-compete fees
Karnataka HC: Scope of Judicial Review in Contractual Matters is Extremely Limited(19.06.2024)
Kar. HC has observed that scope of judicial review in contractual matters is extremely limited and it is in rare category of cases that writ of mandam.....
Tags : Karnataka High Court, Judicial Review, Contractual Matters
Supreme Court: Transfer of Moveable Property in Execution of Works Contract is 'Sale'(06.09.2017)
Supreme Court has said that transfer of moveable property in execution of works contract is deemed to be sale, and the value of property can be subjec.....
Tags : Supreme Court, Works Contract
SC: Assessee to Pay Service Tax on Service Element; Sales Tax on Goods Transferred in Works Contract(05.05.2023)
Supreme Court has held that assessee has to pay service tax on the service element of the works contract and can claim CENVAT Credit only on the said .....
Tags : Supreme Court, Service Tax, Works Contract, Sales Tax
SC: Arbitrary Termination of Contract Erode Trust of Private Parties from Public Procurement Process(11.07.2024)
SC has held that when public authorities enter into contracts, they create legitimate expectations that the State will honour its obligations. Arbitra.....
Tags : Supreme Court, Public Procurement Process, Termination of Contract
Del. HC: Arbitration Clause in Contract Perishes if the Contract is Novated(07.06.2023)
Delhi High Court has held that if the novated contract does not contain any arbitration clause, the arbitration clause in the original contract would .....
Tags : Delhi High Court, Arbitration Clause, Novation, Contract
Mad. HC: If Parties are in Agreement, Formal Contract Signature by Other Party Not Necessary(31.07.2024)
Madras High Court has held that if it is proved that parties are in agreement, a formal contract signature by other party is not necessary in order to.....
Tags : Madras High Court, Arbitration Agreement, Contract Signature
Cal. HC: Engagement on ‘Sensitive Posts’ on Contractual Basis Creates Difficulty(01.08.2024)
Calcutta High Court has held that the posts of ‘Stenographer’, ‘Bench Clerk’ are very sensitive post for functioning of District Judiciary. Engagement.....
Tags : Calcutta High Court, District Judiciary, Contractual Basis, Stenographer
Del. HC: Arbitral Tribunal Awarding Damages for Loss of Profit is Illegal if it Contradicts Contract(02.08.2024)
Delhi High Court has held that if the Arbitral Tribunal decides to award damages for loss of profit, such decision shall be vitiated by patent illegal.....
Tags : Delhi High Court, Arbitral Tribunal, Contract
Judgments
Contract of insurance is a contract of good faith (uberrima fides)(02.08.2016)
Instant First Appeal filed against impugned order of State Commission. Complainant obtained an insurance policy from the respondent, United India Insu.....
Tags : Insurance, Compensation, Contract, Good faith
Value of work entrusted to sub-contractors or payments made shall not be taken into consideration while computing total turnover(05.09.2016)
Assessee was doing business of engineers and contractors and in this process it, executed projects under contracts with public sector undertakings, lo.....
Tags : Payment, Sub-contractor, Inclusion, Total turnover
When parties mutually agreed for jurisdiction of Delhi Courts and fact that, goods were supplied from Delhi, Delhi High Court has jurisdiction(30.08.2016)
Appellants-Defendants were appointed as Clearing and Forwarding Agents and Stockists of respondents-Plaintiffs and on account of appellants-defendants.....
Tags : Contract, Privity, Sale of goods, Jurisdiction
Effect of mis-representation on contract is same as that of non-disclosure; it affords ground for avoiding contract to aggrieved party(20.10.2016)
In facts of present case, Husband of complainant obtained an insurance policy namely Money Plus Plan from Petitioner corporation, insuring his life to.....
Tags : Contract, False Statement, Repudiation
The findings cannot be said to be perverse unless it is found that some relevant evidence has not been considered or that certain inadmissible material has been taken into consideration(03.01.2018)
In facts of present case, Defendants awarded to the Plaintiff the construction work of Thana Kot-Naina Devi OFC route. The Plaintiff started the execu.....
Tags : Contract, Accounts, Settlement
Del. HC: Arbitral Award Gets Vitiated if Basic Contractual Framework Misunderstood(25.07.2024)
Delhi High Court has held that if there is any misreading/misunderstanding of the basic contractual framework, the award gets vitiated and makes it vu.....
Tags : Delhi High Court, Contractual Framework, A&C Act
Kerala HC: Artificial Breaks in Service Cannot be Used to Deny Maternity Leave Benefits(12.05.2022)
Kerala High Court has ruled that short artificial breaks in service between successive contracts cannot be used as a device to reject maternity rights.....
Tags : Kerala High Court, successive contracts, maternity rights
SC: Public Sector Undertakings Can’t Appoint Arbitrators Unilaterally(11.11.2024)
SC has held that Public Sector Undertakings cannot, unilaterally appoint arbitrators for deciding disputes with private contractors. It was further he.....
Tags : Supreme Court, Private Contractors, Public Sector Undertakings
Asian Paints’ Home Solution tie-in arrangements with painters okayed(27.01.2016)
The Competition Commission of India dismissed a complaint alleging anti-competitive activities by Asian Paints. The complainant was displeased with th.....
Tags : Asian paints, home services, sub-contract
Petitioner who is not a party to agreement containing an arbitration clause cannot be party to arbitration proceedings between the parties to arbitration agreement(07.02.2018)
The grievance projected by the Petitioner in instant petition is that, while the arbitration proceedings between Respondent Nos. 2 and 4 were going on.....
Tags : Impleadment, Maintainability, Privity, Contract
An appeal is a continuation of proceedings of original Court and Court of first appeal must record its findings only after dealing with all issues of law as well as fact(12.02.2020)
Present is the Plaintiff's appeal challenging the judgment passed by the High Court, whereby the High Court has confirmed the judgment and decree pas.....
Tags : Contract, Specific performance, reasoned order
State Governments have power to levy sales tax on value of material in execution of the works contract(28.08.2017)
In facts of present case, in the year 1954, the State Government of Rajasthan enacted Rajasthan Sales Tax Act in order to tax the sales and purchase o.....
Tags : Works contract, Exemption, Entitlement
Once contract of employment comes to end by efflux of time, it cannot be claimed as a vested right for its extension(28.08.2020)
Present Petition has been filed by the Petitioner seeking directions to the Respondents to continue the services of the Petitioner in the post of Lega.....
Tags : Contract, Extension, Eligibility
NCLT does not have any residuary jurisdiction to entertain contractual dispute(23.11.2021)
Present appeal arises from a judgment of the National Company Law Appellate Tribunal. The NCLAT upheld the interim order of the National Company Law T.....
Tags : Contractual dispute, Proceedings, Jurisdiction
Order of blacklisting can be scrutinized not only on the touchstone of the principles of natural justice but also on the doctrine of proportionality(05.04.2022)
The challenge raised in present writ petition is to the order passed by the Food Corporation of India (FCI) terminating the contract that was issued t.....
Tags : Contract, Termination, Validity
No machinery in Finance Act, 1994 to levy and assess service tax on indivisible composite works contracts(20.08.2015)
A composite works contract should be bifurcated and ascertained before being taxed, but the same is not provided for in the Finance Act, 1994. The Cou.....
Tags : Service tax, composite contract, gross amount
Service rendered as casual/contractual cannot be said to be service rendered on a substantive appointment(24.03.2023)
The Director General, Doordarshan Prasar Bharti Corporation of India and another have preferred the present appeal feeling dissatisfied with the impug.....
Tags : Contractual employee, Rules, Applicability
Sub-Contractor shall not have any contractual relationship with the owner, and shall not be entitled to prefer any claims against the owner(16.06.2023)
Challenge in present Appeal is against the `Impugned Order' passed by the `Adjudicating Authority', by which Order, the `Adjudicating Authority' has d.....
Tags : Contractual relationship, Claim, Legality
An Independent Contractor does not come under the ambit of an Employee(20.11.2023)
Present appeal was filed by applicants seeking employee compensation under Section 30 of Employee Compensation Act, 1923 after the claim for compensat.....
Tags : Independent Contractor, Employee, Employee's Compensation Act, 1923
Disputes arising out of purely contractual obligations cannot be entertained by High Court in exercise of the extra ordinary writ jurisdiction(09.05.2024)
The brief controversy presented for adjudication in present appeals is whether the High Court in exercise of writ jurisdiction, was entitled to entert.....
Tags : Writ jurisdiction, Dispute, Contractual obligation
Court refutes arguments transposing arbitration clause from pricing clause(01.07.2016)
An arbitration clause can be incorporated in a contract where reference to the same is made as part of the contract, the Madras High Court reiterated......
Tags : arbitration, clause, incorporation, contract
Terms of invitation to tender cannot be open to judicial scrutiny because it is in the realm of contract(28.06.2021)
Present Petition under Article 226 of the Constitution of India takes exception to the tender conditions in the Notice inviting tender dated November .....
Tags : Contract, Extension, Legality
Before taking extreme action of blacklisting, the entity has to be put to notice for the same(02.05.2023)
By way of present petition filed under Article 226 of the Constitution of India, 1950, the Petitioner seeks setting aside of order passed by Responden.....
Tags : Registration, Contractor, Cancellation