Indian Contract Act, 1872

Maharashtra State Power General Co. (MAHAGENCO) issued a notice inviting tenders for coal liaison services. Four firms submitted bids; the Board accepted the bid of M/s B.S.N. Joshi & Sons Ltd. (the appellant) despite objections from three other bidders that the appellant failed to meet essential conditions – experienc…

The Nizam's Jewellery Trust, created by the late Nizam of Hyderabad, authorized its trustees to sell jewellery at their discretion after a three‑year period. In 1978 the Board of Trustees resolved to sell 37 items, but only four of the five trustees opened the tenders and purportedly accepted bids without the Chairman’…

The appellants, liquor contractors, were required to pay an additional 7.5% mahua and fuel cess on contracts awarded by the Madhya Pradesh Government. The High Court declared the levy illegal in Surajdin (1960) and Doongaji (1962), but the Government continued to collect it, resulting in the appellants paying Rs.54,606…

Shin Satellite Public Co. Ltd., a Thai satellite service provider, entered into a contract with Jain Studios Ltd. that contained an arbitration clause (Clause 23) requiring disputes to be referred to arbitration in Delhi under UNCITRAL rules, with the award deemed final and binding and a waiver of any right of appeal. …

The appellant, an elder brother, purchased the southern half of a family property from his younger brother by a registered sale deed that recorded a nominal consideration of Rs 3,000, after paying Rs 12,000 to discharge the brother’s debts and avert a court‑ordered auction. The brother and his wife later claimed the de…

The Supreme Court examined whether Libra Buildtech Private Ltd. and other bidders, who had paid Rs.6.22 crore as stamp duty for sale deeds of properties of a liquidated company, could claim a refund after the sale was cancelled and the sale consideration was returned. The Court held that the cancellation of the contrac…

The appellant, Nirmala Anand, entered into a 1966 agreement to purchase a flat for Rs.60,000, paying Rs.35,000 before the seller's lease was cancelled, leaving the building incomplete. She sued for specific performance, but the High Court denied it and awarded damages; the Division Bench affirmed. On appeal, the Suprem…

M/s Devi Ispat Ltd. had obtained various credit facilities from Central Bank of India. After alleged fraud, the bank asked the company to shift its accounts and later to close them. The company settled its dues by receiving a Rs 15 crore cheque from State Bank of India and requested the return of title deeds and issuan…

The Board of Trustees of the Port of Bombay detained a consignment of acrylic fibre belonging to Mis Sriyanesh Knitters, demanding payment of wharfage and demurrage arising from earlier imports of woollen rags. The respondents challenged the Board’s circular, alleging it was ultra‑violet of the Major Port Trusts Act, 1…

The case involved a joint Hindu family of three brothers who executed a partition deed on 07‑11‑1960 but continued to live and conduct business together, later executing a compromise decree on 06‑08‑1984 to settle disputes. The plaintiff challenged the decree, alleging fraud, misrepresentation and lack of free consent,…

The appellant, Ram Karan (deceased) through legal representatives, purchased agricultural land in 1962 from a Scheduled Caste vendor and obtained mutation in 1966. The State of Rajasthan, via a Tehsildar, filed a suit under Section 175 of the Rajasthan Tenancy Act in 1993 seeking ejectment, alleging the sale violated t…

The Supreme Court was asked to resolve a long‑standing controversy over whether courts exercising jurisdiction under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 can modify an arbitral award. The issue arose from the earlier decision in Project Director, NHAI v. M. Hakeem, where the Court held that …

The plaintiff paid Rs.31.5 lakh of the Rs.32 lakh purchase price for land but the defendant failed to execute the sale deed. The plaintiff sued for specific performance, and the trial court ordered the defendant to execute the deed and receive the balance Rs.50,000. Before the decree was final, the land was acquired by…

The State Bank of India (SBI) granted a packing credit to a partnership and secured it by an equitable mortgage of a shop and a personal guarantee. SBI obtained a composite decree comprising a money decree against all defendants, including the guarantor, and a mortgage decree for sale of the shop. The guarantor objecte…

Star Enterprises and other appellants submitted the highest monetary offers for lease of plots in response to a public tender issued by the City and Industrial Development Corporation (CIDC) of Maharashtra, a government company acting as a New Town Development Authority. The CIDC rejected these offers without providing…

The appellant, a registered contractor, was awarded a work order for a water supply scheme but faced non‑availability of specified pipes and was asked to substitute them, leading him to seek a modified rate. The respondents subsequently directed him to stop the pipeline work and commence a different project, while also…

The dispute concerned the ownership of a 7‑acre Naroda Chawl, claimed by the plaintiff Vadilal Modi as part of a partition suit against his siblings and their heirs. Defendant Chandrakantaben (Def. No.6) asserted that the property had been gifted to her in 1946 and that she had acquired title by adverse possession, rel…

BSNL alleged that Reliance Communications had routed international calls as local calls, thereby evading higher Interconnect Usage Charges (IUC) and Access Deficit Charges (ADC). BSNL invoked clause 6.4.6 of their inter‑connect agreement to levy a large sum as a "penalty". The Telecom Disputes Settlement and Appellate …

The appellants, Karnataka Pawnbrokers Association, challenged the liability to pay sales tax on the sale of unredeemed pledged goods disposed of through public auction. The issue was whether a pawnbroker, by virtue of statutory authority to sell defaulted pledges, qualifies as a "dealer" and carries on "business" withi…

The appellant, Pandurang Jivajirao Apte, was the garnishee of property attached before judgment in a suit filed by the deceased R. G. Ashtakar for recovery of dues. Apte sold the attached property to Madhusudan Vasudeo Bavdekar under Section 176 of the Indian Contract Act after giving notice, but the sale proceeds were…

The Bank, a co‑operative society, had a gratuity scheme offering 26 days' wages per year of service with a ceiling of Rs 2.5 million. Under the Payment of Gratuity Act, 1972 (as amended), the statutory rate is 15 days' wages with a ceiling of Rs 3.5 million. After retirement, the employees claimed the benefit of both t…

The Madhya Pradesh State Road Transport Corporation (MPSRTC) introduced a Voluntary Retirement Scheme (VRS) on 1 July 2005, open for applications until 1 August 2005, with a clause stating that once an employee opted, the option could not be withdrawn. Several employees applied within the period but later sought to wit…

The plaintiff sought specific performance of a 1983 agreement of sale and a permanent injunction, but the agreement had been terminated by a notice on 28‑03‑1985 after the plaintiff failed to pay the balance consideration and obtain required permissions within the stipulated five‑month period (extendable by two months)…

The Delhi Development Authority (DDA) auctioned a 14.3‑hectare parcel of land for residential development on an "as is where is" basis, and Kenneth Builders & Developers Ltd. (the builder) paid the full bid amount and obtained possession. The development agreement required the builder to secure all statutory clearances…

The petitioners challenged the constitutionality of sections 34(1), 47(1)(a)(i) and 58(1)(a)(i) of the Consumer Protection Act, 2019, which base the pecuniary jurisdiction of district, state and national consumer commissions on the value of consideration paid rather than the compensation claimed. The challenge arose fr…

Seven teachers were appointed in a private‑management school without complying with the Andhra Pradesh Educational Institutions Rules, 1993 – no prior permission, no advertisement, and no approval of appointments. Their services were not approved and they received no salary, prompting writ petitions that the High Court…

The case concerned the promotion of Har! Om Sharma, a senior non‑diploma line‑man, to the post of Junior Engineer‑I in 1990. Although promotion quotas were fixed for three feeder cadres, the department used an integrated seniority list, ignoring the quota for non‑diploma holders. Sharma was placed in the higher post on…

The Supreme Court considered two civil appeals where landlords sought to declare leases void because they were entered into without complying with clause 22 of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949. The Court held that such a lease, although inconsistent with the statutory proce…

Nawab Sir Mohammad Yusuf executed a wakfnama on 5 April 1956, dedicating his properties as a waqf and appointing himself as Mutawalli, with his nephew Syed Shah Hashmi as successor. After his death, his widow Smt. Zubeda Begum sued for cancellation of the wakfnama and possession of the properties, claiming a one‑fourth…

Lokashikshana Trust (LST), a public trust engaged in publishing, incurred several loans to fund its operations, with the loans secured by hypothecation of trust property and a guarantee executed by the deceased surety, H.R. Basavaraj. After prolonged litigation, the trust's assets were taken over by a government‑appoin…

The Life Insurance Corporation (LIC) offered a Salary Savings Scheme under which Delhi Electric Supply Undertaking (DESU) deducted insurance premiums from its employees' salaries and remitted them to LIC. DESU failed to remit premiums for two months, after which an employee died and his widow claimed the policy benefit…

The National Highways Authority of India (NHAI) issued a tender for toll collection requiring a bid security of Rs 50 lakh in the form of an on‑demand bank guarantee, which could be forfeited if the bidder withdrew his bid within the 120‑day validity period. Ganga Enterprises submitted the bid, became the highest bidde…

The dispute arose from a BOT concession for the seventh berth at V.O. Chidambaranar Port, where PSA SICAL Terminals (SICAL) sought to replace a royalty payment model with a revenue‑sharing model, alleging a change in law under Article 14 of its licence agreement. The arbitral tribunal awarded SICAL relief, finding that…

The Life Insurance Corporation (LIC) had introduced a Salary Savings Scheme under which employers were required to deduct insurance premiums from employees' salaries and remit them to LIC. When an employer failed to make the deductions, the employee’s policy lapsed and the claimant sought the assured sum after the empl…

Jayamma, the holder of a Will dated 20 February 1984 executed by the deceased tenant‑occupier Anthony Rebello, applied under Section 276 of the Indian Succession Act for letters of administration. The wife and children of the deceased contested the Will, alleging it was invalid. The trial court held the Will valid, but…

The plaintiff, P. D'Souza, sued Shondrilo Naidu for specific performance of a sale agreement in which the parties were to exchange a building for a fixed price by 5‑Dec‑1978. The defendant had mortgaged the property, failed to produce original title documents and did not redeem the mortgage, thereby preventing executio…

Gopal Prasad, appointed as Calligraphist‑cum‑Assistant of the Bihar School Examination Board in May 1970 at the age of 15½, was retired in May 2012 on the ground that he had completed 42 years of qualifying service, despite the statutory retirement age being 60 years. The Board had earlier resolved in 2004 to treat the…

Swiss Timing Ltd., a Swiss company, entered into a contract with the Commonwealth Games 2010 Organising Committee to provide timing and scoring services. The Committee failed to pay the agreed fees, prompting Swiss Timing to invoke the arbitration clause in the agreement. The Committee objected, claiming the contract w…

The appellant, Consolidated Construction Consortium Ltd., was contracted by the respondent, Software Technology Parks of India, to construct a building. The contract stipulated liquidated damages for delay, but the respondent granted several extensions of time before finally deducting Rs. 82,43,499 as liquidated damage…

The Central Bank of India had mortgaged a residential property to recover a loan taken by the borrowers and obtained a settlement award from a Lok Adalat, which was signed by the borrowers and one of the guarantor's sons but not by the guarantor herself, C.L. Vimla. Vimla filed multiple writ petitions challenging the a…

Snow White Industrial Corporation, a Madras partnership manufacturing paint, entered into a written agreement with Gillanders Arbuthnot & Co., a Calcutta firm, designating Gillanders as the "sole selling agents" for its product across India. The agreement contained clauses for return of unsold stock after two years, re…

M.G. Brothers Lorry Service, a common carrier, failed to deliver a consignment of yarn entrusted by Prasad Textiles. The Way Bill governing the carriage contained Condition 15, which required any claim to be made in writing within 30 days of booking or arrival. Prasad Textiles gave notice of claim on June 20, 1969, aft…

The Rajasthan Government dissolved Avas Vikas Sansthan (AVS) after it incurred heavy losses and offered its 604 employees alternative employment in various local bodies, conditional on affidavits that they would not claim continuity of service or pay protection. The employees accepted the scheme, but the Rajasthan High…

The case concerned whether cellular mobile service providers (the assessees) were required to deduct tax at source under section 194-H of the Income Tax Act, 1961 on the margin earned by franchisees/distributors from selling prepaid kits at a price higher than the discounted price paid to the assessees. The Revenue arg…

The appellant purchased 78 consignments of zinc and copper that had been stored at the Port of Bombay after the original consignees failed to lift them. The Board of Trustees of the Port of Bombay levied demurrage charges of Rs.2,81,67,333 and granted only partial remission, which the appellant challenged. The Supreme …

Allottees of residential and commercial plots in Chandigarh were required to pay the balance of the premium in instalments, together with interest, penalty and ground rent, after an initial payment. They contended that the State could not demand these payments until basic amenities such as roads, water supply and drain…

The plaintiff, Amar Nath, executed a special power of attorney (PoA) on 28‑01‑1987 in favour of the second defendant to sell his land for Rs.55,000. When the first defendant could not pay, the second defendant allegedly returned the PoA on 02‑02‑1987 and the plaintiff claimed it was cancelled, yet no formal notice or r…

The plaintiffs filed a suit for specific performance of a 1979 agreement to purchase a property from defendant Amar Nath, alleging they had paid earnest money and were ready to perform, but Amar Nath sold the property to other defendants at a higher price. The trial court dismissed the suit on the ground that Amar Nath…

The parties entered into a contract on 21‑12‑2010 that contained an arbitration clause. A dispute over payment and security deductions arose, and the contractor served a notice of arbitration on 09‑03‑2016, which the respondent ignored. The contractor then filed an application under Section 11 of the Arbitration and Co…

The appellant, Bangalore Electricity Supply Company Ltd., entered into a Power Purchase Agreement (PPA) with a solar project SPV and a farmer under Karnataka's solar policy, requiring commercial operation within 18 months. Delays occurred in land conversion, evacuation approvals, and other regulatory processes, leading…

The State of Maharashtra appealed a High Court order that quashed demand notices issued to Swanstone Multiplex Cinema Ltd. for entertainment duty collected during a period of statutory exemption. The multiplex had collected the full 45% duty from patrons even though the Act provided a three‑year full exemption and a tw…

The plaintiff paid Rs.1 lakh each to the property owner (defendant 1) and his agent (defendant 2) based on a written authorisation allowing the agent to sell the ground floor. The sale fell through; the agent returned Rs.50,000 but the owner refused to refund his share, denying any contractual relationship with the pla…

The State invited tenders for irrigation works and the appellant, having quoted the lowest rates, entered into three contracts. He later raised nine claims, of which the arbitrator awarded several and rejected others. The State sought to set aside the award under sections 30 and 33 of the Arbitration Act, 1940, and the…

The Supreme Court considered whether employees of several public sector banks who had completed twenty years of service and retired under the Voluntary Retirement Scheme 2000 (VRS 2000) were entitled to the five‑year notional service addition provided by Regulation 29(5) of the Pension Regulations, 1995. The banks argu…

Nath Bros. Exim International Ltd. booked 77 packages of silk garments with Best Roadways Ltd. for carriage from Noida to Bombay, the contract stating the goods were carried "at Owner's Risk". The consignment was diverted to a warehouse in Bhiwandi on alleged instructions of the consignee and was completely destroyed b…

The case involved a dispute over a plot of land originally owned by Muniyappa, who executed a General Power of Attorney (GPA) and an agreement to sell in favour of A. Saraswathi in 1986. After Muniyappa's death in 1997, Saraswathi, as GPA holder, executed a registered sale deed in 1998 transferring the property to her …

Mahanagar Telephone Nigam Ltd. (MTNL) entered into a purchase order with Tata Communications Ltd. for last‑mile connectivity, the contract stipulating that liquidated damages for delay could not exceed 12% of the contract value. Tata billed MTNL Rs 2,15,25,512 for services rendered, but MTNL unilaterally deducted a lar…

Electrosteel Castings Ltd., a guarantor, filed a civil suit seeking a declaration that an assignment deed executed by the financial creditor in favour of UV Asset Reconstruction Co. was fraudulent and that the assignee was not a secured creditor. The suit was dismissed by the High Court on the ground that Section 34 of…

The appellant, Satya Pal Anand, claimed inheritance of a plot allotted to his mother by a housing cooperative society, which after her death unilaterally executed and registered an Extinguishment Deed cancelling the allotment. He entered into a compromise deed receiving Rs.6.5 lakh, but also filed a dispute under the M…

The Supreme Court examined the allotment of three plots of government land by the City and Industrial Development Corporation (CIDCO) to entities linked to the same proprietor. The respondents had obtained the plots through private applications without any public tender, prompting CIDCO to cancel the allotments on grou…

Harshad Chiman Lal Modi entered into a plot‑buyer agreement with DLF Universal Ltd for a residential plot situated in Gurgaon, while the agreement was executed and payments made in Delhi. He sued the defendants in the Delhi High Court for declaration, specific performance, possession and a permanent injunction. The sui…

Premier Automobiles imported a heavy grinding machine that was taken into the custody of the Bombay Port Trust Board upon landing. While the Board's employees were moving the case on a trolley, it fell and the machinery was severely damaged. Premier sued the Board for damages, alleging negligence, misfeasance and non‑f…

The Oil and Natural Gas Commission (ONGC) supplied natural gas to several industrial respondents under contracts that expired on 31 March 1979. The respondents challenged ONGC's attempt to renew the contracts at higher rates, and the Gujarat High Court, by interim order, directed ONGC to continue supply at the existing…

The Supreme Court examined whether two cooperative milk producer societies were liable to pay Employees' State Insurance (ESI) contributions for workers employed by contractors to transport milk. The societies argued that the contractors' workers were neither directly employed by them nor worked on their premises or un…

State Bank of Saurashtra sold UTI units to P.N.B. and received payment of about Rs 102.65 crore, but failed to deliver the units. P.N.B. sued for specific performance and damages. The Special Court ordered the bank to purchase the units from the open market and deliver them. On appeal, the Supreme Court held that where…

Union Bank of India extended a term loan to Mahaveer Construction, a proprietorship firm, and obtained a guarantee from Surana Metals Ltd, a corporate entity. After the loan was declared a non‑performing asset on 30‑01‑2010, the bank filed an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) in Fe…

Syndicate Bank filed a suit in Goa to recover a loan advanced to Mr. Prabha D. Naik and others, alleging default on a promissory note. The trial court and the High Court dismissed the suit as barred by limitation, holding that the Portuguese Civil Code's Article 535 governed limitation in Goa. The Bank appealed, conten…

Mrs. F.L. Raitt, a foreign national, sold a portion of her Indian immovable property to the predecessor of the appellant after obtaining prior RBI permission, but gifted another portion to respondent No.1 without such permission. The appellant and respondent No.4 sued to declare the gift deeds void; the trial court dis…

Jaypee Infratech Ltd (JIL) mortgaged its land to secure loans taken by its holding company Jaiprakash Associates Ltd (JAL) from a consortium of banks. The Interim Resolution Professional (IRP) applied to the NCLT for avoidance of these transactions under Sections 43, 45 and 66 of the Insolvency and Bankruptcy Code, 201…

The case involved a 1986 agreement to sell land between the original vendors (appellants) and original vendees, followed by four 1987 agreements where the vendees purportedly assigned their rights to the plaintiffs (respondent No.1). The plaintiffs sought specific performance of both the 1986 and 1987 agreements, claim…

Jagdish Singh appealed a High Court decree that ordered specific performance of a reconveyance agreement with Natthu Singh. The Supreme Court examined whether the High Court could re‑appraise evidence in a second appeal, whether unserved notices were deemed served, and whether compensation could replace specific perfor…

The appellant participated in a public auction of four nazul plots and deposited a Rs.3 lakh security as required by the public notice. After his bid was accepted, the State officer sent a letter imposing four "special terms and conditions" which the appellant had not been informed of earlier, and he refused to accept …

Gujarat Urja Vikas Nigam Ltd (GUVNL), successor to Gujarat Electricity Board, entered into a power purchase agreement (PPA) with Essar Power Ltd (EPL) for 300 MW of a 515 MW plant, while EPL had a separate PPA with its sister company Essar Steel Ltd (ESL) for the remaining 215 MW. EPL repeatedly supplied electricity to…

The vendors (appellants) entered into a sale agreement for land with a bungalow, requiring payment of the purchase price in instalments. The purchaser (respondent) paid part of the consideration but missed the stipulated deadline for a later instalment. The vendors claimed that time was of the essence, extended the dea…

The respondent, T. Suryachandra Rao, submitted a declaration under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, surrendered land deemed excess, and the surrender was accepted by the authorities. It later emerged that the surrendered land had already been acquired by the State under the …

Ram Sahay filed a suit for declaration of ownership and possession of a shop. The defendant, Nawal Kishore, claimed an agreement to sell the shop existed, but the plaintiff objected to its exhibition on the grounds that it was unregistered and insufficiently stamped. The trial court upheld the objection, holding the do…

C. Gupta was appointed as an Industrial Relations Executive (management staff) of Glaxo‑SmithKline Pharmaceuticals and was terminated on 15 September 1982 under a clause allowing dismissal with three months' notice or salary in lieu. He claimed to be a "workman" under Section 2(s) of the Industrial Disputes Act, 1947 a…

The appellant claimed full compensation for two consignments of salt that were not delivered. The Railways admitted liability only partially and sent two cheques with a letter stating that if the offer was not acceptable, the cheques should be returned, otherwise their retention or encashment would constitute full and …

The case concerns a sub-contract (Work Order) containing an arbitration clause, which was unstamped. The appellant argued that the arbitration agreement was unenforceable due to non-payment of stamp duty under the Indian Stamp Act, 1899. The Supreme Court, by a 3:2 majority, held that an arbitration agreement contained…

The original plaintiff, M.N. Channavasavaiah, borrowed Rs.1,500 from B.M. Narayan Shetty and executed a deed of conditional sale on 28 July 1969, delivering possession of the land to the lender for five years with a condition that repayment would void the sale and reconvey the property. The lender later sold the land t…

The appellant claimed to be a deemed tenant under Section 4A of the Kerala Land Reforms Act, 1963, relying on a mortgage deed executed in 1909‑1910 in favour of his mother as collateral for a dowry. The Supreme Court held that the mortgagee (the appellant's mother) was a minor of 15 years at the time of execution and w…

Sri Ram Builders entered into a BOT agreement with the Madhya Pradesh Road Transport Corporation (MPRTC) to construct a bus‑stand‑cum‑commercial complex on land leased by the Indore Development Authority (IDA). The High Court ordered MPRTC to hand over possession of the land and directed specific performance, but the o…

The plaintiff, a textile dealer, maintained a current account with UCO Bank and alleged an oral agreement that the bank would receive, store and deliver his goods, acting as his trustee or agent. He paid for the goods but the bank failed to deliver them, leading to a suit for damages and delivery. The trial court and H…

The Supreme Court examined whether Development Officers of New India Assurance who exercised the Special Voluntary Retirement Package (SVRP) under the 2003 Amendment Scheme could withdraw their option before the employer’s acceptance. The Court held that the SVRP is part of a statutory scheme framed under Section 17A o…

The appellants, buyers of apartments from DLF Universal Ltd., entered into an Apartment Buyer Agreement in 1993 promising possession within 2½‑3 years. Possession was delayed and the builder imposed extra charges, leading the buyers to allege unfair trade practice under the Monopolies and Restrictive Trade Practices (M…

The Gujarat Maritime Board (GMB) invited bids for ship‑breaking plots. Asiatic Steel won the bid for plot V‑10, paying an earnest money of Rs.5,00,000 on 8 Nov 1994 and the upset premium of US$1,153,000 on 22 Mar 1995. The Board failed to clear rocks from the plot, rendering it unusable. Asiatic Steel demanded a refund…

The appellant purchased a flat from DLF Universal Ltd. and paid earnest money and instalments, but later could not continue payments and sought a refund of the amounts paid, proposing a swap for a smaller property. DLF refused to adjust the earnest money and the appellant filed an application before the Monopolies and …

The respondent, sister of the appellant, entered into an agreement on 23 June 1965 whereby she would redeem a mortgaged house and, upon redemption, the appellant would execute a sale deed in her favour. She redeemed the mortgage in 1970 but the appellant failed to execute the deed despite repeated demands. The responde…

The Karta of a Hindu undivided family (HUF) converted the family cloth business into a partnership with his son, who contributed only his skill and labour and no cash. The Income‑Tax Officer refused to register the firm, a decision upheld by the Appellate Tribunal and the Bombay High Court. The Supreme Court examined w…

The insured, M/s Harchand Raj Chandan Lal, purchased a burglary insurance policy from United India Insurance Co. Ltd. that defined "burglary" as theft involving forcible and violent entry. During the policy period, bags of grain were stolen from the insured's godown without any force or violence, and the insurer denied…

Sasan Power Ltd entered into Agreement‑I with the American company NAC, which contained an arbitration clause governed by English law and seated in London. Two years later the parties executed Agreement‑II, a tripartite deed involving Sasan Power, NACC India (a subsidiary of NAC) and NAC, which transferred NAC's rights…

The appellants, heirs of a guarantor, challenged the recovery of a bank loan by arguing that the liability should not fall solely on them, that the auction of their land was irregular, and that excess proceeds should be returned. The Supreme Court held that under Section 128 of the Contract Act a guarantor’s liability …

The appellant, K. Narendra, entered into a 1972 agreement to sell a 4,000 sq m plot to Riviera Apartments (P) Ltd for Rs 8,97,740, contingent on the buyer obtaining various governmental sanctions for a multi‑storey project. The buyer failed to secure the required approvals, part of the land was later declared excess un…

The appellant partnership firm owned 249.60 bighas of land that was slated for acquisition by the State of Rajasthan for the benefit of the respondent company. An agreement dated 01.02.1980 provided that about 145 bighas would be sold to the respondent, with the price to be fixed by arbitration. The sole arbitrator fix…

The appellant Reliance Life Insurance issued a term life policy to the deceased after he had taken a separate policy from another insurer, but he failed to disclose the earlier cover in the proposal form. After the insured's death, Reliance repudiated the claim, invoking Section 45 of the Insurance Act, 1932, on the gr…

The National Textile Corporation (M.P.) Ltd. issued a Voluntary Retirement Scheme (VRS) effective 31 July 2000. M.R. Jadhav applied for the scheme on 16 May 2000 and obtained administrative clearance, but the corporation never communicated a final decision or acceptance, citing lack of funds. Jadhav continued in servic…

The plaintiff, Jaipur Traders Corp. Pvt. Ltd., executed a sale deed for an oil mill and received an initial payment, but the balance consideration was withheld pending income‑tax clearance. The parties entered into a written settlement with a director that deferred the balance payment until all formalities were complet…

The State of Kerala, after banning the sale of arrack in 1996, enacted the Kerala Abkari Shops Disposal Rules, 2002 which required that each toddy shop employ one former arrack worker. The rules (specifically Rules 4(2) and 9(10)(b)) were challenged by a federation of toddy‑tappers and toddy‑shop workers on the ground …

The appellants, former employees of Heavy Engineering Corporation Ltd., had opted for voluntary retirement under a scheme introduced in 1990 and retired between 1 January 1992 and 31 December 1996. The company later issued a circular in October 1997 revising the pay scales retroactively to 1 January 1992, but the circu…

The Punjab State Civil Supplies Corporation (the appellant, a State) sued two of its employees, an inspector and a field officer/supervisor, for loss of wheat allegedly caused by their negligence and misappropriation. Both employees had been dismissed in departmental proceedings; the inspector was reinstated after depo…

The State Bank of Patiala issued a Voluntary Retirement Scheme (SBPVRS) that was open from 15 February to 1 March 2001. Clause 5 set the application period, clause 8 dealt with the bank's discretion and mode of acceptance, and clause 9(i) stated that applications could not be withdrawn. Three employees applied but late…

The State of Karnataka entered into agreements with private contractors that contained Clause 12, which stipulated that any damages for breach of conditions would be assessed by the State and could be recovered as arrears of land revenue under the Revenue Recovery Act. After a contractor was found to have short‑deliver…

The dispute arose from a Facilitation Deed containing an arbitration clause (Clause 9) that required disputes to be referred to ICC arbitration in Singapore. The respondent rescinded the deed alleging fraud and sought a temporary injunction restraining the arbitration. The Bombay High Court granted the injunction, hold…

The Union of India invited tenders for fresh fruit supply to its troops and accepted the tender of Col. L.S.N. Murthy (respondent No.2). After the respondent stopped supply in June 2000, the Union rescinded the contract, forfeited the security deposit and claimed expenses, leading to arbitration. The arbitrator held th…

The State of Maharashtra appealed against The Britannia Biscuits Co. Ltd., which sold biscuits in tins and collected a refundable deposit for the tins, refunding it only if the tins were returned within three months. The Assessing Authority treated the amount written off from unreturned tin deposits (Rs 84,013) as part…

The Union of India invited tenders for a telecom licence and, after receiving a tender, issued a Letter of Intent to Tata Teleservices, which later failed to fulfil its obligations. The Union claimed damages of Rs 50 crore and set‑off the amount, while Tata claimed Rs 654.25 crore for breach of contract. The Telecom Di…

The appellant, Papaiah, purchased five acres of agricultural land that had been assigned to Scheduled Caste persons under Mysore Land Revenue Code Rule 43(8) in 1940. The sale deed was executed in 1958, but the Karnataka Scheduled Castes & Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 declares a…

The dispute concerned ownership of a 2‑18‑10 bigha parcel of land in NOIDA, jointly purchased in 1997 by Reddy, Sudhakar and Vishnu. Reddy later sought to establish sole ownership by filing separate suits and a writ petition, suppressing the earlier joint‑ownership litigation, and obtained a High Court order declaring …

The Supreme Court considered a dispute where a financial creditor had obtained a loan of Rs 100 crore from a corporate debtor (Gujarat Hydrocarbon and Power SEZ Ltd.) secured by a corporate guarantee furnished by its holding company, ACIL. After the corporate debtor defaulted, the creditor initiated insolvency proceedi…

South Eastern Coalfields Ltd. (SECL) floated a tender for hiring excavation equipment and awarded the contract to M/s S. Kumar’s Associates AKM (JV) through a Letter of Intent (LoI). The LoI required the successful bidder to deposit a performance security of 5% of the contract value within 28 days and to sign an Integr…

Metro Exporters exported steel coils and, based on a SWIFT message, received a credit of US$199,959.74 in its EEFC account in November 2006. The credit was later discovered to be a mistake, as the funds were intended for the Bank of India and had been recalled by Bank of America, with the amount never actually belongin…

New Moga Transport Co., the appellant, was hired by United India Insurance Co. to transport goods to Bamala, where the goods were destroyed by fire. United India settled the loss with the original buyer and sued the transporter for compensation, filing the suit in the Bamala court where the cause of action arose. The a…

The Union of India and others entered into a contract with M/s. Bharat Enterprise for repair work, which required the contractor to submit a final bill and a No Claims Certificate. The contractor submitted the final bill on 13‑02‑2002, but payment was delayed for over a year, after which the contractor raised additiona…

Bellachi, a deceased woman represented by her legal heir, filed a suit challenging a sale deed executed in favour of her younger brother, alleging misrepresentation, undue influence, fraud and collusion. The trial court dismissed the suit for lack of specific pleadings under Order VI Rule 4 CPC and for finding no evide…

The appellant, a contractor, entered into a contract with the State of Haryana to construct an office building, which contained an arbitration clause and a sub‑clause requiring the contractor to deposit a security of 7% of the claim amount before arbitration could commence. A dispute arose, the contractor filed a claim…

Popcorn Entertainment applied to CIDCO for a plot to build a multiplex; CIDCO allotted the plot, the appellant paid the full price and a lease agreement and commencement certificate were issued. CIDCO later cancelled the allotment, invoking Section 23 of the Indian Contract Act (public policy) and the lack of a tender.…

The Supreme Court examined whether a Power Purchase Agreement (PPA) between Karnataka Power Transmission Corporation Ltd (KPTCL) and JSW Energy Ltd (formerly Jindal Thermal Power Co Ltd) was a "concluded contract" under the proviso to Section 27(2) of the Karnataka Electricity Reforms Act, 1999, which would exempt it f…

Reliance Salt Ltd (appellant) entered into a consignment agreement with Cosmos Enterprises (respondent No.1) which required the latter to furnish a Rs 5 lakh bank guarantee from Bank of India (respondent No.2). The consignment agent failed to settle the appellant's bills within the stipulated 30‑day period, prompting t…

Mary, the successful bidder in an auction for the privilege to vend arrack in two shops in Kalady, deposited 30% of the bid amount and executed a temporary agreement under the Kerala Abkari Shops (Disposal in Auction) Rules, 1974. Due to mass local resistance, she could not open the shops and sought a refund of her dep…

Indian Bank sued K. Nataraja Pillai, his wife and son to recover Rs.1,21,006.98 secured by a promissory note, hypothecation deeds and an equitable mortgage. The defendants denied execution of the note and guarantee agreement, alleging fraud, undue influence and, in the son’s case, minority. The trial court held the not…

The Financial Creditor advanced a Rs 6 crore loan to Premier Ltd and secured it by a pledge of shares held by Doshi Holdings. When Premier defaulted, the creditor filed separate petitions under Section 7 of the IBC against both Premier and Doshi Holdings, contending that Doshi Holdings was also a borrower under the loa…

Swan Gold Mining Ltd, an Australian company, entered into a contract with Hindustan Copper Ltd for the operation of a mine, agreeing that the successful bidder would be liable for taxes as per the Notice Inviting Tender (NIT) and subsequent Work Order. After completing work, the appellant sought reimbursement of excise…

The petitioners challenged the grant of Freedom Fighters' Pension Scheme benefits to a large number of persons in Beed district who were either not born during the freedom struggle or were toddlers at independence, alleging fraud and false claims. The Bombay High Court had constituted an enquiry committee, which report…

The appellant, a senior advocate and former legal advisor to a cooperative bank, refused to return the bank's case files after the retainership was terminated, demanding payment of alleged fees of Rs. 97,100. The bank filed a complaint before the State Bar Council, which was transferred to the Bar Council of India; the…

Swapan Kumar Mullick worked for United Bank of India for 36 years and resigned in 2006 citing mental depression, opting for provident fund benefits rather than pension. A 2010 circular issued under a bipartite settlement offered a new pension option to employees who had not previously opted for pension, and Mullick app…

The Commissioner of Central Excise appealed against the Gujarat Maritime Board (GMB) claiming that wharfage charges collected from its licensee, Ultratech Cement Ltd (UCL), were liable to service tax as "port services" under the Finance Act, 1994. The dispute centered on a licence agreement under the Gujarat Maritime B…

The plaintiff's motor car was damaged in an accident and, under the terms of his insurance policy, was taken to a repair workshop where the insurer approved the repair estimate and agreed to pay the charges. While in the workshop the car was destroyed by fire. The plaintiff sued the insurer claiming that, by virtue of …

The National Agricultural Cooperative Marketing Federation of India (NAFED) entered into a 1979‑80 groundnut export contract with Alimenta S.A. containing an arbitration clause and a contingency provision (Clause 14) that the contract would be cancelled if export was prohibited by the Government. Due to cyclone damage …

Axis Bank appealed against the Gujarat High Court’s order allowing SBS Organics Private Limited to withdraw its appeal before the Debt Recovery Appellate Tribunal (DRAT) and to get back the Rs 50 lakh pre‑deposit made under Section 18 of the SARFAESI Act. The Supreme Court examined whether such a pre‑deposit constitute…

Percept D'Mark (India) Pvt. Ltd. entered into a three‑year promotion agreement with cricketer Zaheer Khan that contained a clause giving the company a right of first refusal on any third‑party endorsement offers, even after the contract expired. After the term ended, Khan signed a similar agreement with another firm. P…

Apex Laboratories, a pharmaceutical company, claimed a deduction under Section 37(1) of the Income Tax Act for expenses incurred in providing gifts, travel, hospitality and other "freebies" to doctors to promote its product Zincovit. The Assessing Officer, on the basis of a CBDT circular dated 01‑08‑2012 and the 2002 M…

The Food Corporation of India (FCI) invited tenders for damaged foodgrains and accepted a bid from Laxmi Cattle Feed Industries, which deposited the earnest money. The buyer later sought cancellation of the portion of the contract that could not be performed and a refund of the balance, also requesting waiver of storag…

Aries Advertising Bureau placed an advertisement for a circus operated by Balakrishnan and sued C.T. Devaraj, the circus’s financier, for the Rs 27,000 advertising cost. The trial court held that a contract existed between the advertiser and Devaraj and awarded a decree, but the Madras High Court reversed, finding no p…

The State allotted 11 acres of land to a tribal respondent. The appellant entered into a sale agreement with the tribal and applied to the Collector for permission to alienate the land under the Bombay Revenue Code. The Collector and Commissioner refused, stating that land assigned to Scheduled Tribes cannot be sold or…

The Supreme Court examined disputes arising from the Kerala Abkari Shops (Disposal in Auction) Rules, 1974, where licensees of arrack shops claimed the State was contractually obliged to supply additional quantities of liquor beyond the statutorily mandated monthly quota. The Court held that the monthly quota is obliga…

The Supreme Court examined whether the Board of Control for Cricket in India (BCCI) is a "State" under Article 12 and concluded that, although it is not, it performs public functions and is therefore amenable to writ jurisdiction under Article 226. The Court upheld the Probe Committee’s findings that Gurunath Meiyappan…

Trimex International FZE Ltd. sent a commercial offer by email on 15 October 2007 for the supply of bauxite, containing an arbitration clause. Vedanta Aluminium Ltd. accepted the offer on 16 October 2007, confirming five shipments. A dispute later arose and Vedanta denied the existence of a concluded contract and the e…

The plaintiffs entered into a 1989 agreement to purchase two shops and a godown, which stipulated a fixed date for performance contingent on the vacating of an injunction. In 1992 the defendants wrote requesting a postponement of performance without fixing a new date, which the plaintiffs accepted by forbearance. The p…

Batliboi Environmental Engineers Ltd (BEEL) entered into a turnkey contract with Hindustan Petroleum Corporation Ltd (HPCL) to construct a sewage water reclamation plant. The project was delayed, work was 80% complete and BEEL abandoned it, later claiming damages for overheads, profit, idle machinery and other losses. …

The Punjab State Power Corporation Ltd (PSPCL) entered a joint‑venture with EMTA Coal Ltd for the captive Pachhwara coal block. After the Supreme Court’s Manohar Lal Sharma judgment, the block was re‑allotted to PSPCL, which later decided to invite competitive bidding for a mine‑developer‑operator, rejecting EMTA’s cla…

The Delhi High Court entertained a suit for specific performance of an agreement dated 13‑9‑1988 and restrained the vendor from alienating the property. The vendor later sold the suit property to six companies (the appellants) who, in turn, sold it to Bhagwati Developers, all in violation of the injunction. The appella…

The petitioners, who were personal guarantors to corporate debtors, challenged a Central Government notification dated 15‑Nov‑2019 that brought certain provisions of the Insolvency and Bankruptcy Code, 2016 (IBC) into force only for personal guarantors. They argued that the notification exceeded the power conferred by …

The appellants, sons of Tirakappa Gurusiddappa Malagi, challenged a compromise decree dated 18 January 2000 that partitioned seven acres of land among their father, uncles, and grandfather, alleging that their father was coerced into the settlement and that the land was not ancestral joint family property. The trial co…

Larsen & Toubro (L&T) and Puri Construction Ltd (PCL) entered into a Development Agreement for land development, later supplemented by a Supplementary Agreement and a Tripartite Agreement involving a bank. Disputes arose over alleged economic duress, non‑fulfilment of conditions precedent, and L&T's abandonment of the …

The case arose from a dispute over a suit property originally held by Budhiya Vesta Patel, who transferred his rights to respondent No.9 via a Development Agreement and an irrevocable Power of Attorney (POA). After Patel's death, his heirs (the appellants) executed further irrevocable POAs in favour of the same respond…

Federal Bank Ltd. and other banks challenged notices issued by the Kerala tax department demanding sales tax on the auction sale of gold and other valuables pledged as security for loans. The banks argued that such sales were not "sales" within the meaning of the Kerala General Sales Tax Act, 1963 and that they did not…

The plaintiff entered into an agreement with the original defendant to develop dwelling units for weaker sections under Section 21 of the Urban Land (Ceiling and Regulation) Act, 1976, but possession of the land was never transferred and the agreement contained a clause allowing unilateral termination before possession…

The appellant National Insurance Co. Ltd. issued two fire policies with a Riot and Strike endorsement to the respondent Sujir Ganesh Nayak & Co. When a strike halted production and caused damage, the insurer denied liability, invoking Special Condition 5(i)(b) which excludes loss from cessation of work, Clause 19 which…

The appellants, rice millers, supplied rice to the Food Corporation of India under the Andhra Pradesh Rice (Procurement Ex‑Mill Prices) Order, 1975 and were paid the notified procurement price. The State later issued a memorandum (Nov 2 1976) extending that price to the 1976‑77 crop and, by a Gazette notification dated…

The National Highway Authority of India (NHAI) awarded a fee‑collection contract to A.S. Motors, which was later terminated on grounds of overcharging and other malpractices. The appellant challenged the termination, alleging violation of natural‑justice principles and lack of a factual basis for termination, as well a…

The Aurangabad Municipal Corporation invited an online BOT tender for replacing street lights with LED fittings. Elektron Lighting Systems and its joint venture were awarded the work order after their technical bid was accepted and price bid negotiated, while two other bidders were disqualified. The successful bidder h…

The plaintiff obtained a decree declaring a 1982 gift deed void. The respondents appealed and the High Court set aside that decree on the basis of a compromise recorded under Order XXI Rule 3 of the CPC. The plaintiff contended that the compromise was forged and void, and filed a suit (OS No.5236 of 2005) seeking to se…

Ramti Devi filed a suit on 30 July 1966 seeking a declaration that she was the absolute owner of a house and that the sale deed dated 29 January 1947, by which the defendant had allegedly alienated the property, should be avoided or cancelled. The trial court dismissed the suit and the Delhi High Court affirmed the dis…

OPG Power Generation (the appellant) and its holding company Gita Power were sued by Enexio Power Cooling Solutions for unpaid amounts under supply and erection orders for an air‑cooled condenser unit. The arbitral tribunal held that Gita Power, as the holding company, was bound by the arbitration agreement and jointly…

The AMP Group and the JRS Group entered into a Family Arrangement Agreement (FAA) containing an arbitration clause, and later sought to appoint a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996. The petition raised two questions: the scope of the referral court’s jurisdiction after the…

The Supreme Court examined whether non‑intermediary front‑running—where a person receives confidential information about a forthcoming large block trade and trades ahead of it—constitutes a prohibited fraudulent or unfair trade practice under SEBI’s Prohibition of Fraudulent and Unfair Trade Practices Regulations, 2003…

The Supreme Court examined the validity of land allotted to "sub‑awardees" after the land had been acquired under the Rajasthan Land Acquisition Act. It held that once a notification under S.4 and possession under S.16 were effected, the original owner's title ceased and vested in the State, rendering any subsequent sa…

The appellant, Gariwala, challenged a decree passed on a compromise that was reduced to writing and signed only by his counsel, arguing that the 1976 amendment to Order XXIII Rule 3 of the CPC required the parties themselves to sign. The respondents contended that the expression "parties" includes a recognised agent or…

The plaintiff, Tilak Raj Bakshi, claimed that his brother (the first defendant) violated a family settlement by selling his one‑third share of a Chandigarh house to a stranger (the second defendant) without obtaining the written concurrence of the other brothers and without offering the share to the plaintiff as requir…

M/s Kut Energy Pvt. Ltd. and others had taken a loan for a hydro‑electric project and defaulted, leading Punjab National Bank to issue notices under Section 13(2) of the SARFAESI Act and later a possession notice. The borrowers offered a One‑Time Settlement (OTS) and, to demonstrate their bona fides, deposited Rs 40 cr…

The appellant, Shamsu Suhara Beevi, entered into a sale agreement with the respondents, G. Alex and others, but failed to execute the deed. The respondents sued for specific performance; the trial court ordered them to deposit the balance sale consideration and directed the appellant to register the deed. The responden…

The State of Uttar Pradesh entered into a works contract with Bridge & Roof Co. (India) Ltd., which required the State to deduct 4% tax at source under the U.P. Trade Tax Act, 1948. The Commissioner of Sales Tax, under a composition scheme, directed a reduced deduction of 1% and the State complied, prompting the contra…

The Indian Financial Association of Seventh Day Adventists (the appellant) owned a 30‑cent property containing a church, school and other buildings. It passed a resolution to sell the land and, through a duly executed power of attorney, its representative (defendant No. 2) entered into two sale agreements with the plai…

PASL Wind Solutions and GE Power Conversion India, both Indian companies, entered a settlement agreement that provided for arbitration under ICC rules with the seat in Zurich and the substantive law of India. A dispute over warranty claims was arbitrated, the arbitrator held the seat to be Zurich (with hearings in Mumb…

The petition filed by Liz Investment Pvt. Ltd. before the Company Law Board (CLB) alleged that the appellant, Pranab Kumar Pal, diverted a corporate opportunity and sought to restrain his resignation as a director. The CLB initially ordered the appointment of three directors by the petitioner and barred the appellant’s…

The dispute concerned 53.95 acres of land in Bhubaneswar that vested in the State of Orissa under a 1954 notification of the Orissa Estate Abolition Act, 1951. The respondent, Harapriya Bisoi, claimed she was a "deemed tenant" because her predecessor had obtained a lease from the erstwhile intermediaries before vesting…

Racing Promotions Private Limited (RPPL) entered into a three‑year Memorandum of Understanding (MoU) with the Sports Development Authority of Tamil Nadu (SDAT) to organise Formula 4 motor‑racing events. Several public‑interest litigations were filed challenging the event on grounds of safety, noise, and the use of publ…

Balmer Lawrie & Co. Ltd., a government‑owned company, terminated the services of employee Partha Sarathi Sen Roy under a clause that allowed dismissal at the company's sole discretion without reason. The employee challenged the termination by filing writ petitions, contending that the clause was unconstitutional and th…

The appellant, Bhandari Construction Company, sold an office space to the respondent, Narayan Gopal Upadhye, for Rs.7,75,000 as per a written agreement dated 27‑7‑1997. The respondent paid Rs.5,00,000 by cheque but claimed to have paid the remaining balance, including Rs.4,00,000 in cash, for which no receipt or docume…

The appellant entered into a sale agreement on 19 July 1981, paying Rs 50,000 as advance with the balance due by 25 February 1982, and a separate agreement stipulated forfeiture of the advance on default. Before the sale deed could be executed, a notification under Section 4(1) of the Land Acquisition Act, 1894 was iss…

The insured, Yash Paul Malhotra, entered into a motor insurance contract on 21‑12‑1993, gave a cheque for the first premium and received a cover note. He died in a road accident on 31‑12‑1993, and the insurer discovered that the cheque had bounced on 10‑01‑1994, cancelling the policy on 20‑01‑1994. The legal heirs clai…

The appellant, HDFC, granted a loan to the borrower (defendant No.1) who executed a loan agreement, a promissory note and created an equitable mortgage. Two other defendants stood as guarantors and signed letters of guarantee. After the borrower defaulted, HDFC sued both the borrower and the guarantors, but the borrowe…

The Supreme Court examined a consumer complaint filed by two trusts on behalf of credit‑card users alleging that banks were charging exorbitant interest rates of 36%‑49% p.a., which the National Consumer Disputes Redressal Commission (NCDRC) had deemed an unfair trade practice and capped at 30% p.a. The Court held that…

The Supreme Court examined whether several foreign banks that had extended loans to Reliance entities could be treated as "financial creditors" of Reliance Infratel Ltd (the corporate debtor) under Section 5(7) of the Insolvency and Bankruptcy Code, 2016. The dispute arose because the corporate debtor, Reliance Communi…

The appellants (joint purchasers) entered into an agreement of sale with the respondents (vendors) for land development, which required the purchasers to obtain a layout plan. After disputes, one co‑purchaser entered into a compromise with the vendors, effectively rescinding his part of the contract. The remaining purc…

The appellants, Ganga Retreat and Towers Ltd., bought a prime property at a public auction on the basis that it was free‑hold, ceiling‑free and had a Floor Area Ratio (FAR) of 2.0. After paying the full consideration, they obtained possession and applied for building‑plan approval, but the municipal bye‑laws were amend…

The case concerns refunds of excise and customs duties collected contrary to law. The Supreme Court examined the validity of Section 11-B of the Central Excises and Salt Act, 1944, as amended in 1991, which restricts refunds to claimants who have not passed on the burden of duty to others. The Court overruled its earli…

M/s Unibros was awarded a construction contract by All India Radio, but the project was delayed by about 42.5 months due to the employer's failure to provide site and drawings. The arbitrator awarded the contractor Rs. 1.44 crore as loss of profit based on Hudson's formula, despite the contractor providing no credible …

Gurpreet Singh appealed against the Union of India challenging the applicability of the rule of appropriation in execution of award decrees under the Land Acquisition Act, 1894 (as amended by Act 68 of 1984) and the entitlement to interest on solatium. The Court examined whether the normal CPC rule of appropriation (Or…

The appellant, a senior officer of Indian Oil Corporation (IOC), was dismissed by the General Manager under clause (vi) of Standing Order 20 after an incident at the refinery hospital where he was alleged to have led a mob and assaulted the Chief Medical Officer. The dismissal was effected without a disciplinary enquir…

Avitel Post Studioz Ltd and its promoters invested USD 60 million in HSBC based on alleged representations that Avitel would secure a lucrative BBC contract, which later proved to be fictitious. HSBC obtained interim awards and a foreign final award from a Singapore tribunal finding the appellants liable for fraudulent…

Deccan Paper Mills entered into a development agreement with Ashray, which was later assigned to Regency Mahavir Properties containing an arbitration clause. Deccan alleged fraud by a partner of Regency and filed a suit under the Specific Relief Act, seeking cancellation of the 2006 agreement and a deed of confirmation…

The petitioners, a group of doctors seeking admission to postgraduate and super‑speciality medical courses, challenged state government notifications that required them to execute compulsory service bonds and pay hefty penalties for default. The issues raised concerned the constitutional competence of the states to iss…

The appellants purchased half of a 3.40‑hectare land from respondent No.2 in 1985, and a sale deed was executed on 02‑12‑1985 but remained unregistered due to stamp‑duty deficiency until 14‑06‑2011. Respondent No.2 later executed a second conveyance in 2010 in favour of respondent No.1 for the same land, leading the ap…

The Kerala State Electricity Board entered into a contract with contractor Kurien E. Kalathil for dam construction. After a 1983 government notification raised minimum wages, the Board paid labour‑escalation amounts to the contractor until December 1984, but stopped payments from January 1985, claiming the notification…

Kanchan Udyog Ltd. entered into a bottling agreement with United Spirits Ltd. for a non‑alcoholic beverage plant, relying on the respondent to supply concentrate. The agreement was terminated by United Spirits in March 1988 and the plant ceased operations in May 1989. The appellant claimed damages for loss of anticipat…

The appellant, a German manufacturer of printing machines, sold a machine to the Indian respondent and was later accused before the MRTP Commission of unfair trade practices and faced a compensation claim. The appellant challenged the Commission's jurisdiction on two grounds: a contractual clause that stipulated German…

The Union of India entered into a construction contract with M/s. Jain Associates, which was later terminated for non‑completion. The contractor claimed Rs 37,37,885 and the Union counter‑claimed Rs 9,49,701. An umpire under the Arbitration Act, 1940 awarded the contractor Rs 24,10,330, granting interest up to the date…

The appellant banks entered into ready‑forward (buy‑back) contracts with brokers before June 1992, consisting of a completed ready leg (purchase of securities) and a future forward leg. The Custodian, under the Special Court Act, claimed the contracts were void for violating RBI circulars issued under the Banking Regul…

Amitabha Dasgupta, a locker holder, complained that United Bank of India had inadvertently broken open his locker despite his rental dues being cleared, and that only two of the seven ornaments he claimed to have deposited were returned. The District Consumer Forum found a deficiency of service and awarded compensation…

The appellant, Maya Devi, filed an objection under Order XXI Rule 58 to execution proceedings initiated by the decree holder, Lalta Prasad, who had obtained an ex‑parte money decree for Rs 3.40 lakh based on an alleged agreement for sale dated 3 Nov 2003 between him and the judgment debtor, Prem Chand Verma. Maya Devi …

Maharashtra State Financial Corporation (the appellant) had sanctioned a Rs.30 lakh loan to Jaycee Drugs Ltd. (the respondent company) which was secured by a mortgage and a personal guarantee from the company's directors. After the company defaulted, the corporation sought recovery of Rs.15,87,391.20 from the directors…

The dispute arose from an ex‑parte arbitral award dated 12‑03‑1998 in a matter concerning specific performance and land‑plot amalgamation. The respondents sought to set aside the award under Section 34 of the Arbitration & Conciliation Act, 1996, invoking the public‑policy ground and sought to adduce additional evidenc…

M/s Dyna Technologies entered into a contract with M/s Crompton Greaves for construction work on an aquaculture project, which was terminated prematurely, leading Dyna to claim compensation for loss of profit, idle charges and unproductive use of machinery. The arbitral tribunal awarded Rs 27,78,125 for the unproductiv…

The appellant, H.P. State Forest Co. Ltd., insured timber with United India Insurance Co. Ltd. under a policy dated 16 November 1987 that was later found to be a typographical error and effectively covered only eight months. The timber was washed away in September 1988, and the insurer repudiated the claim on 13 Octobe…

The contractor, M/s P. Manohar Reddy & Bros., completed an excavation contract for the Maharashtra Krishna Valley Development Corporation, received full payment and accepted the final bill. Later it claimed extra work, but raised the claim after the contract had ended and beyond the 30‑day period prescribed in clauses …

The mother executed a registered gift deed in 1945 transferring an 1/8 share of her property to her minor son and daughter, while reserving possession and enjoyment for herself during her lifetime. After the son attained majority, the mother cancelled the gift deed in 1970 and executed a will bequeathing the same prope…

The parties entered into an agreement on 26‑August‑1971 for the sale of a free‑hold house for Rs.1,78,000, with Rs.30,000 earnest money and a further Rs.98,000 payable within ten days. The vendor claimed that the ten‑day payment was the essence of the contract and, when the buyer failed to pay, declared the agreement v…

Salonah Tea Co. paid taxes under assessment orders issued under the Assam Taxation (On Goods Carried by Road or Inland Waterways) Act, 1961. The assessments were later declared ultra vires and the tax was held to have been collected without legal authority. The company filed writ petitions under Article 226 seeking a r…