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Indian Contract Act, 1872

587 judgments · newest first · showing 1–200

THE KOLHAPUR MUNICIPAL CORPORATIONversusFAIRDEAL CONSTRUCTION

DISPOSED OFF

The Kolhapur Municipal Corporation (Petitioner) challenged an arbitral award of Rs 24,06,50,119.03 awarded to Fairdeal Construction (Respondent) under Section 34 of the Arbitration and Conciliation Act, 1996. The award also granted pendente‑lite interest at 18% from 1997, post‑award interest at 18% …

HARILAL TALKSHI SHAHversusM/S. GADA ENTERPRISE AND OTHERS

Disposed Off

The appellant, Harilal Talkshi Shah, sought an injunction to restrain respondents (including M/s. Gada Enterprise and others) from constructing on and creating third‑party rights over a 3267‑sq‑yard property in Borivali, alleging that his leasehold rights under a 1971 Assignment Deed were still …

M/S LORDS DISTILLERY LIMITEDversusSTATE OF U.P. AND 2 OTHERS

The petitioners, licensed distilleries, challenged a demand of Rs 54,52,731 for QR‑code costs imposed by the Uttar Pradesh Excise Department without any show‑cause notice or hearing. They argued that the demand violated natural justice, was based on an audit objection rather than an independent …

BHAKTI DEEPAK CHAUDHARY AND ORSversusVASAI VIRAR MUNICIPAL CORPORATION AND ANR

Allowed

The petitioners, doctors and other medical staff employed on contractual basis by Vasai Virar Municipal Corporation (VVMC), claimed they had served continuously for 8‑11 years and sought regularisation and permanency of their posts. They argued that the MMC Act, 1949 permits only six‑month temporary …

DINESH TUKARAM BHOIR AND ORSversusVASAI VIRAR MUNICIPAL CORPORATION

Allowed

The petitioners, doctors and other medical staff employed on contractual basis by Vasai Virar Municipal Corporation (VVMC), claimed they had served continuously for 8‑11 years and sought regularisation and permanency of their posts. They argued that the MMC Act’s provisions on appointments and the …

SHRI.BIPIN KANTILAL KAPADIAversusTHE STOCK EXCHANGE BOMBAY

Disposed Off

The appellant, a stock broker, purchased 44,600 shares of Energy Products India Ltd through the Bombay Stock Exchange but received only 23,000 shares, the remaining 21,600 shares being short‑delivered by member‑broker K.F. Vora. The exchange annulled the disputed trade, returned the shares to Vora …

SMT. CHITRALEKHA SUBHASH KHARPUDE AND ANRversusSHRI RAMDAS BABAN WAVHAL

Disposed Off

The appellants (defendants) appealed against a decree cancelling a 2008 Agreement for Sale, which the trial court had upheld on the ground that they failed to pay the balance consideration of Rs.4,50,000. The appellants argued that the plaintiffs (respondents) had breached reciprocal obligations by …

NIKHIL HASMUKH MALKANversusSTANDARD CHARTERED INVESTMENT AND LOANS (INDIA) LTD

DISMISSED

The petitioners, who had taken a Rs 10 crore term loan from Standard Chartered Investment and Loans (India) Ltd secured by 1,85,000 Reliance Industries shares, alleged that the bank illegally sold 65,000 pledged shares on 19 March 2020 without the two‑day notice required under their loan agreement. …

WOCKHARDT HOSPITALS LTD.versusDR.NISHITH VYAS

Disposed Off

Wockhardt Hospitals Ltd. appealed an ex‑parte judgment that dismissed its claim for damages against Dr. Nitish Vyas for allegedly breaching a three‑month notice clause in his employment agreement. The hospital asserted that the doctor’s sudden resignation caused loss of business amounting to Rs …

CONSO FEEDSversusALFA LAVAL (INDIA) PVT.LTD

DISMISSED

The petitioner, Conso Feeds, purchased a fishmeal plant from Alfa Laval (India) and paid Rs. 4.94 crore, securing a performance bank guarantee of Rs. 2.45 crore. The plant could not be commissioned due to alleged design and equipment defects, leading the petitioner to invoke arbitration under the …

M/S SEEBAAT DEVELOPERSversusSTATE OF GUJARAT

53-ALLOWED / GRANTED @ ADM.STAGE

The State of Gujarat issued an e‑auction tender for plots, requiring bidders to deposit an Earnest Money Deposit (EMD) and submit a sealed bid. M/s Seebaat Developers deposited the EMD and tender fee but claimed a technical glitch prevented submission of a sealed bid; the authority rejected the …

NANDA TAKWANEversusSUB REGISTRAR COOPERTIVE SOCIETY AND ORS

Disposed Off

The petitioners, led by Nanda Takwane, were personal guarantors for a loan taken by Siddheshwar Industries Pvt. Ltd. (SIPL) and faced recovery actions under the Maharashtra Co‑operative Societies Act, 1960 (Section 101 and Section 156) including notices for attachment of mortgaged property. They …

Manoj Kumar Tripathi,versusThe State of Bihar,

DISPOSED

Manoj Kumar Tripathi filed a writ petition seeking a mandamus directing the Bihar Rural Works Department to release Rs 33,26,852 for flood‑damaged road restoration carried out in 2020‑21 and 2021‑22, and to declare his claim valid under Section 70 of the Indian Contract Act and constitutional …

Vijay RamversusThe State Of Bihar and Ors

ALLOWED

The petitioner, Vijay Ram, was engaged as a daily‑wage chaukidar in 1983 at the age of 15 and served continuously for 26 years in the East Sone Canal Division. He sought regularisation in a Class IV post, arguing that his long, uninterrupted service and the State’s policy entitled him to the same …

The Bihar State Food and Civil Supplies Corporation Ltd.versusSanjeev Kumar Singh

PARTLY ALLOWED (DISPOSAL)

The Bihar State Food and Civil Supplies Corporation appointed a sole arbitrator to resolve a dispute with Sanjeev Kumar Singh over unpaid transport bills under a 2016 agreement for the Darbhanga district. The arbitrator awarded the claimant a principal sum, earnest money for Darbhanga and Sitamarhi, …

The Bihar State Food and Civil Supplies Corporation Ltd.versusPiyus Kumar

PARTLY ALLOWED (DISPOSAL)

The Bihar State Food and Civil Supplies Corporation (appellant) entered a three‑year transport‑handling agreement with Piyush Kumar (respondent) for the Madhubani district. The contract was terminated and the respondent was black‑listed in 2019, leading to arbitration under the Arbitration and …

The Bihar State Food and Civil Supplies Corporation Ltd.versusRam Uday Singh

PARTLY ALLOWED (DISPOSAL)

The Bihar State Food and Civil Supplies Corporation (BSFC) entered into a 2014 transport‑handling agreement with Ram Uday Singh for the Munger district, later extending the work to Madhubani and Bhagalpur. After disputes over GPS tracking and alleged contract breaches, BSFC cancelled the agreement …

The Bihar State Food and Civil Supplies Corporation Ltd.versusDinkar Choudhary

PARTLY ALLOWED (DISPOSAL)

The Bihar State Food & Civil Supplies Corporation entered into a three‑year transport‑handling agreement with Dinkar Choudhary, who later claimed delayed payments amounting to over ₹4.44 crore. The parties failed to appoint an arbitrator, leading to a sole arbitrator’s award on 17 Oct 2020 granting …

The Bihar State Food and Civil Supplies Corporation Ltd.versusRam Uday Singh

DISPOSED

The Bihar State Food and Civil Supplies Corporation (BSFC) entered into a 2014 transport‑handling agreement with Ram Uday Singh for the Munger district, later extending the work to Madhubani and Bhagalpur. After disputes over GPS tracking and alleged contract breaches, BSFC cancelled the agreement …

The Bihar State Food and Civil Supplies Corporation Ltd.versusDinkar Choudhary

DISPOSED

The Bihar State Food & Civil Supplies Corporation appointed Dinkar Choudhary as transporting‑cum‑handling agent under a 2014 agreement and later disputed unpaid bills. The arbitrator awarded the claimant Rs 2,06,13,021, compensation of Rs 25 lakh, 10% pre‑award interest and 18% post‑award interest, …

The Bihar State Food and Civil Supplies Corporation Ltd.versusPiyus Kumar

DISPOSED

The Bihar State Food and Civil Supplies Corporation (appellant) entered a three‑year transport‑handling agreement with Piyush Kumar (respondent) for the Madhubani district. The contract was terminated and the respondent was black‑listed, leading to arbitration where the sole arbitrator awarded Rs …

TATA SONS PRIVATE LIMITEDversusUNION OF INDIA THROUGH THE MINISTRY OF FINANCE

DISPOSED OFF

The petition filed by Tata Sons Private Ltd. challenged a GST intimation and a show‑cause notice that demanded IGST of Rs 1,524.35 crore on damages paid to NTT Docomo under a London arbitral award, alleging that the settlement constituted a supply of services under Section 7 of the CGST Act, …

JAYANTILAL HARGOVANDAS THAKKARversusGRAM PANCHAYAT,RATANGADH

39-RULE DISCHARGED/DISMISSED @ FH

The appellants, three brothers who operated under the name Jayantilal Hargovandas Thakkar & Co., filed a suit seeking a permanent injunction and damages for breach of a contract to cut babool trees on 174 acres of Gauchar land awarded by Ratangadh Gram Panchayat. The contract was later obstructed by …

Narayan PrasadversusThe State of Bihar

ALLOWED

The appellant, a contractor, entered into a contract with the State of Bihar for earth‑work on the Zamania Pump Canal. After delays and alleged non‑performance, the Executive Engineer rescinded the contract and issued a final bill, which the contractor disputed. The dispute was referred to …

Smt. Kiran SinghversusSmt. Anjushree Banerjee

ALLOWED

The plaintiff, Kiran Singh, sued the defendants to enforce a specific performance of a 1974 re‑conveyance agreement, alleging that a 1973 sale deed was merely a security transaction and that she had paid the consideration but was dispossessed. The trial court held the sale deed was an absolute sale, …

Manoj Kumar @ MunnaversusNita Bharti

DISPOSED

The appellant Manoj Kumar and respondent Nita Bharti were married under the Special Marriage Act on 4 October 2007. Nita alleged cruelty, dowry demands, caste abuse and an attempted murder by Manoj, and filed a divorce petition under Section 27 of the Act. The Family Court dismissed the petition, …

MD. SAIF ALI ANSARIversusThe State of Bihar

ALLOWED

The petitioner Md. Saif Ali Ansari sought quashing of the Additional Sessions Judge's order rejecting his discharge application under Section 227 CrPC for alleged rape under Section 376 IPC. The FIR alleged sexual exploitation of a 25‑year‑old woman on a false promise of marriage, but the court …

Dr. Zigu S. KrishnversusThe State of Bihar

DISMISSED

The petitioner, a doctor who completed a Post‑Diploma DNB course in Dermatology at Darbhanga Medical College, sought the release of his original certificates and relief from a service‑bond imposed by the Bihar Health Department. He argued that the National Board of Examination in Medical Sciences …

UV ASSET RECONSTRUCTION COMPANY LIMITEDversusELECTROSTEEL CASTINGS LIMITED

2026 INSC 14Dismissed

The appellant UV Asset Reconstruction Company claimed that Electrosteel Castings Ltd (ECL), as promoter of borrower Electrosteel Steels Ltd (ESL), had provided a guarantee for a Rs 500 crore loan from SREI, based on Clause 2.2 of a Deed of Undertaking which required ECL to arrange infusion of funds …

MOTILAL OSWAL FINANCIAL SERVICES LIMITEDversusSANTOSH CORDEIRO AND ANOTHER

2026 INSC 5Dismissed

The dispute arose from a Leave and License Agreement between Motilal Oswal Financial Services Ltd. and Santosh Cordeiro, which contained an arbitration clause in Clause 33. The respondent filed a Section 11 application under the Arbitration & Conciliation Act, 1996 seeking appointment of a sole …

M/S BHAGHEERATHA ENGINEERING LTD.versusSTATE OF KERALA

2026 INSC 4Appeal(s) allowed

The appellant, Bhagheeratha Engineering Ltd., was awarded four road‑maintenance contracts under the Kerala State Transport Project and, after disputes over payments, referred the matters to an adjudicator under the contract’s General Conditions. The adjudicator decided in favour of the appellant on …

NIRBHAY SINGH SULIYAversusSTATE OF MADHYA PRADESH & ANR.

2026 INSC 7Case Allowed

The appellant, an Additional District Judge with 27 years of unblemished service, was removed from service after a departmental inquiry relied solely on four bail orders in which he allegedly failed to refer to Section 59‑A of the Madhya Pradesh Excise Act. A complaint alleged that the judge took …

M/S GODWIN CONSTRUCTION PVT. LTD.versusCOMMISSIONER, MEERUT DIVISION & ANR.

2025 INSC 1207Dismissed

Godwin Construction Pvt. Ltd. executed a document titled “Security Bond cum Mortgage Deed” in favour of the Meerut Development Authority to secure its obligations under a development project. The authorities later claimed that the instrument attracted stamp duty under Article 40 of Schedule 1‑B of …

GUJARAT URJA VIKAS NIGAM LIMITEDversusESSAR POWER LIMITED AND ANOTHER

2025 INSC 1160Disposed off

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 …

VISHU VARDHAN @ VISHNU PRADHANversusTHE STATE OF UTTAR PRADESH & ORS.

2025 INSC 884Disposed off

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 …

UNITED BANK OF INDIA (NOW PUNJAB NATIONAL BANK)versusSWAPAN KUMAR MULLICK & ORS.

2025 INSC 881Disposed off

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 …

DHANASINGH PRABHUversusCHANDRASEKAR & ANOTHER

2025 INSC 831Case Allowed

The appellant, Dhanasingh Prabhu, advanced a loan of Rs.21 lakh to the respondents who were partners of the partnership firm “Mouriya Coirs”. The respondents issued a cheque in the name of the firm which was dishonoured, prompting the appellant to serve a statutory notice under Section 138 of the …

VIJAYA BANK & ANR.versusPRASHANT B NARNAWARE

2025 INSC 691

Vijaya Bank required its senior middle‑manager, Prashant B. Narnaware, to serve a minimum of three years and to pay Rs 2 lakhs as liquidated damages if he resigned earlier, as stipulated in clause 11(k) of his appointment letter. The employee resigned after less than two years and paid the amount …

SIDDHI SANDEEP LADDAversusCONSORTIUM OF NATIONAL LAW UNIVERSITIES AND ANOTHER

2025 INSC 714

The Supreme Court examined appeals challenging the High Court's order on six disputed Common Law Admission Test (CLAT) questions. It evaluated the correctness of answer keys for Questions 56 and 77, upheld the High Court's answer for Question 78, and found that Questions 88, 115 and 116 were either …

K.R. SURESHversusR. POORNIMA & ORS.

2025 INSC 617Dismissed

The appellant, K.R. Suresh, paid Rs.20,00,000 as advance under an agreement of sale that required the balance to be paid within four months, failing which the advance would be forfeited. He did not pay the balance on time, and the respondents forfeited the advance and later sold the property to …

GAYATRI BALASAMYversusM/S ISG NOVASOFT TECHNOLOGIES LIMITED

2025 INSC 605Disposed off

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 …

RUTU MIHIR PANCHAL & ORS.versusUNION OF INDIA & ORS.

2025 INSC 593Disposed off

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. …

LARSEN AND TOUBRO LIMITEDversusPURI CONSTRUCTION PVT. LTD. AND OTHERS

2025 INSC 523Dismissed

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 …

RAKESH KUMAR VERMAversusHDFC BANK LTD.

2025 INSC 473Disposed off

Rakesh Kumar Verma and Deepti were employees of HDFC Bank whose appointment letters contained an exclusive jurisdiction clause stating that any dispute would be decided by the courts in Bombay. Both were terminated for alleged fraud and filed civil suits in Patna and Delhi respectively challenging …

M.S. ANANTHAMURTHY & ANR.versusJ. MANJULA

2025 INSC 273Dismissed

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 …

RACING PROMOTIONS PRIVATE LIMITEDversusDR. HARISH & ORS.

2025 INSC 252Case Partly allowed

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, …

M/S ABCI INFRASTRUCTURES PVT. LTD.versusUNION OF INDIA AND OTHERS

2025 INSC 215Appeal(s) allowed

M/s ABCI Infrastructures Pvt. Ltd. submitted a financial bid of Rs 1,569 crores for a tunnel project but due to a typographical error the bid appeared as Rs 1,569 only. The appellant discovered the mistake on 24‑08‑2023, promptly informed BRO and sought to withdraw or rectify the bid, but BRO …

UNION OF INDIA & OTHERSversusFUTURE GAMING SOLUTIONS PVT. LTD. & ANOTHER ETC.

2025 INSC 181Disposed off

The Union of India challenged the liability of several private companies, including Future Gaming Solutions, to pay service tax on the sale of paper and online lottery tickets for the Government of Sikkim. The High Court of Sikkim had set aside service‑tax notices issued under various amendments to …

GODREJ PROJECTS DEVELOPMENT LIMITEDversusANIL KARLEKAR & ORS.

2025 INSC 143Case Partly allowed

The respondents booked an apartment with Godrej Projects and paid a 20% earnest money deposit as per the Apartment Buyer Agreement. After the developer offered possession in June 2017, the respondents cancelled the purchase citing a market recession and demanded a full refund of Rs.51,12,310 with …

HONGKONG AND SHANGHAI BANKING CORP. LTD.versusAWAZ & ORS.

2024 INSC 1044Appeal(s) allowed

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. …

CHINA DEVELOPMENT BANKversusDOHA BANK Q.P.S.C. & ORS.

2024 INSC 1029

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 …

NAVRATAN LAL SHARMAversusRADHA MOHAN SHARMA & ORS.

2024 INSC 970Appeal(s) allowed

The appellant, Navratan Lal Sharma, filed a suit for declaration and injunction which was dismissed, leading him to file a first appeal. During the pendency of the appeal, the parties executed a compromise deed that provided for the restoration of the appeal if the respondents failed to honor …

RAMACHANDRA REDDY (DEAD) THR. LRS. & ORS.versusRAMULU AMMAL (DEAD) THR. LRS.

2024 INSC 868Appeal(s) allowed

The dispute arose from a 1963 instrument by which two brothers transferred their share of a family property to their sister-in-law Govindammal. The lower courts held that the instrument was a valid settlement deed granting her a two‑thirds share, while the High Court reversed this, deeming it a gift …

SHYAM KUMAR INANIversusVINOD AGRAWAL & ORS.

2024 INSC 865Appeal(s) allowed

The appellants purchased 23.98 acres of agricultural land from Sushila Devi under an Agreement to Sell dated 30‑08‑1990, paid full consideration and took possession, but the legal heirs refused to execute a sale deed. The trial court decreed specific performance, but the High Court reversed, holding …

NEELAM GUPTA & ORS.versusRAJENDRA KUMAR GUPTA & ANR.

2024 INSC 769

The plaintiff, Rajendra Kumar Gupta, claimed ownership of a 7.60‑acre parcel of land in Mowa village, asserting that he purchased it by a registered sale deed in 1968 and had peacefully possessed it until dispossessed in 1983. The defendants, his cousins, contended that the land was joint Hindu …

AJAY MADHUSUDAN PATEL & ORS.versusJYOTRINDRA S. PATEL & ORS.

2024 INSC 710Appeal(s) allowed

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 …

BRS VENTURES INVESTMENTS LTD.versusSREI INFRASTRUCTURE FINANCE LTD. & ANR.

2024 INSC 548Dismissed

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 …

KAUSHIK PREMKUMAR MISHRA & ANR.versusKANJI RAVARIA @ KANJI & ANR.

2024 INSC 540Appeal(s) allowed

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 …

SBI GENERAL INSURANCE CO. LTD.versusKRISH SPINNING

2024 INSC 532Disposed off

SBI General Insurance issued a fire insurance policy to Krish Spinning, which settled the first fire claim by a discharge voucher and payment of Rs 84,19,579. Krish Spinning later disputed the quantum of the settlement, alleging coercion, and invoked the arbitration clause in the policy by filing a …

P. RAVINDRANATH & ANR.versusSASIKALA & ORS.

2024 INSC 533Case Allowed

The plaintiffs entered into an agreement to sell a Bangalore property in 1981, paying an advance but failing to execute the sale deed within the stipulated three‑month period, citing a government restriction on registration. The defendants sent multiple notices demanding payment of the balance and …

AUTHORISED OFFICER, CENTRAL BANK OF INDIAversusSHANMUGAVELU

2024 INSC 80Disposed off

The Central Bank of India conducted an e‑auction of a secured asset under the SARFAESI Act and the successful bidder, Shanmugavelu, deposited 25% earnest‑money. After being granted a 90‑day extension, he failed to pay the balance and the bank forfeited the entire deposit under Rule 9(5) of the …

SUSHMA SHIVKUMAR DAGA & ANR.versusMADHURKUMAR RAMKRISHNAJI BAJAJ & ORS

2023 INSC 1081Dismissed

The appellants, heirs of the late Shivkumar Daga, filed a civil suit seeking declaration that a conveyance deed of 17‑12‑2019 and several development agreements were void. The respondents moved a Section 8 application under the Arbitration and Conciliation Act, 1996, relying on arbitration clauses …

COX AND KINGS LTD.versusSAP INDIA PVT. LTD. & ANR.

2023 INSC 1051

The Supreme Court examined whether the "group of companies" doctrine, which allows an arbitration agreement signed by one member of a corporate group to bind non‑signatory affiliates, is valid under Indian law and how it should be applied. The Court considered the interpretation of the phrase …

M/S. RAJASTHAN ART EMPORIUMversusKUWAIT AIRWAYS & ANR.

2023 INSC 996Dismissed

M/s Rajasthan Art Emporium (appellant) exported a large consignment of handicraft goods to the United States and booked air carriage with Kuwait Airways (respondent No.1) through Dagga Air Agents (respondent No.2), receiving a guarantee that the shipment would arrive within seven days. The goods …

M/S UNIBROSversusALL INDIA RADIO

2023 INSC 931Dismissed

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 …

TOTTEMPUDI SALALITHversusSTATE BANK OF INDIA & ORS.

2023 INSC 923Dismissed

The appellant, managing director of Totem Infrastructure Ltd., challenged the admission of a Section 7 Insolvency and Bankruptcy Code (IBC) application filed by State Bank of India (SBI) before the NCLT, arguing that the claim was barred by limitation and the doctrine of election. The banks had …

M/S IVECO MAGIRUS BRANDSCHUTZTECHNIK GMBHversusNIRMAL KISHORE BHARTIYA & ANR

2023 INSC 880Dismissed

The German company Iveco Magirus Brandschutztechnik GmbH (appellant) challenged a summons issued by an Additional Chief Metropolitan Magistrate in Delhi after a private complaint of defamation was filed by Nirmal Kishore Bhartiya (respondent). The complaint alleged that letters written by the …

A. VALLIAMMAIversusK.P. MURALI AND OTHERS

2023 INSC 823Disposed off

A. Valliammai entered into an agreement to sell land to K. Sriram in 1988, with an advance paid and the balance due by May 1989, later extended to November 1989. After disputes and notices in 1991 indicating Valliammai's refusal to perform, Sriram filed an injunction suit, which was later dismissed, …

K. HYMAVATHIversusTHE STATE OF ANDHRA PRADESH & ANR.

2023 INSC 811Appeal(s) allowed

The appellant K. Hymavathi loaned Rs 20 lakh to respondent No.2, who executed a promissory note on 25 July 2012 promising repayment by December 2016. The respondent later issued a cheque for Rs 10 lakh on 28 April 2017, which was dishonoured, leading the appellant to file a complaint under Section …

M/S LARSEN AIR CONDITIONING AND REFRIGRATION COMPANYversusUNION OF INDIA AND ORS.

2023 INSC 708Disposed off

The dispute arose from a government contract where the arbitrator, in 1999, awarded 18% compound interest on the sum due. The Union of India challenged the award under Section 34 of the Arbitration and Conciliation Act, 1996, and the Allahabad High Court reduced the interest to 9% simple interest, …

INDIRA DEVIversusVEENA GUPTA & ORS.

2023 INSC 593Dismissed

The case concerned a conditional sale deed executed in 1977 by Kishori Lal Sahu and his son in favour of Indira Devi, which contained a right of repurchase if the vendors returned the consideration by July 1984. Kishori Lal later executed a gift deed in 1983 transferring his property to his …

M/S. D. N. SINGHversusCOMMISSIONER OF INCOME TAX, CENTRAL, PATNA AND ANOTHER

2023 INSC 543Appeal(s) allowed

The appellant, a common carrier, was assessed under Section 69A of the Income Tax Act for short delivery of bitumen, with the assessing officer deeming the bitumen as an "other valuable article" owned by the appellant. The Supreme Court examined whether a carrier can be considered the owner of goods …

INDIAN OIL CORPORATION LTD. AND ORSversusM/S. SATHYANARAYANA SERVICE STATION & ANR

2023 INSC 507Appeal(s) allowed

The Indian Oil Corporation (IOC) entered into a 15‑year petrol pump dealer agreement with Sathyanarayana Service Station, which contained a clause allowing either party to terminate the agreement by giving three months' notice. The dealer gave a notarised notice to withdraw, which IOC accepted; the …

M/S N. N. GLOBAL MERCANTILE PRIVATE LIMITEDversusM/S INDO UNIQUE FLAME LTD. & ORS.

2023 INSC 423Reference answered

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 …

AUTHORISED OFFICER STATE BANK OF INDIAversusC. NATARAJAN & ANR

2023 INSC 341Appeal(s) allowed

The State Bank of India, as authorized officer, conducted an e‑auction of a secured asset of a defaulting borrower. The highest bidder, C. Natarajan, paid 25% of the sale price but failed to pay the balance within the extended deadline and sought further extensions, which were refused. The officer …

HARYANA POWER PURCHASE CENTREversusSASAN POWER LTD. & ORS

2023 INSC 326Appeal(s) allowed

The case concerned an Ultra Mega Power Project where the seller (Sasan Power Ltd.) claimed compensation for increased costs of a water‑intake system and customs duty on mining equipment, alleging these were "change in law" events under Article 13 of the Power Purchase Agreement (PPA). The seller …

UNION OF INDIA & ORS.versusM/S. BHARAT ENTERPRISE

2023 INSC 277Appeal(s) allowed

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 …

VICTORY IRON WORKS LTD.versusJITENDRA LOHIA & ANR

2023 INSC 230Dismissed

The Supreme Court considered a dispute arising out of a corporate insolvency resolution process involving Avani Towers (the corporate debtor), Energy Properties (the ostensible owner of a 10.19‑acre land), and Victory Iron Works (a licensee of a 10,000 sq ft portion). The corporate debtor had …

NATIONAL INSURANCE COMPANY LTD.versusTHE CHIEF ELECTORAL OFFICER & ORS.

2023 INSC 104Appeal(s) allowed

The National Insurance Company Ltd. (appellant) entered into a Memorandum of Understanding with the Chief Electoral Officer of Bihar (respondent No.1) to provide group insurance for election workers in 2000. A constable died of sun stroke while on election duty, and his wife (respondent No.2) filed …

DESH RAJ & ORS.versusROHTASH SINGH

2022 INSC 1279Appeal(s) allowed

The appellants, joint owners of a 23‑kanal property, entered into two sale agreements with the respondent, requiring the sale deed to be executed by 16‑08‑2004 and making earnest money forfeitable if the deadline was missed. The respondent paid part of the consideration as earnest money but failed …

KARNATAKA POWER TRANSMISSION CORPORATION LIMITEDversusJSW ENERGY LIMITED (EARLIER KNOWN AS JINDAL THERMAL POWER COMPANY LIMITED & JINDAL TRACTABEL POWER COMPANY LIMITED) & ORS.

2022 INSC 1219Disposed off

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, …

FOOD CORPORATION OF INDIA & ORS.versusABHIJIT PAUL

2022 INSC 1216Disposed off

The Food Corporation of India (FCI) entered into a road‑transport contract with contractor Abhijit Paul to move food grains from railway sidings to depots. After the contract ended, FCI demanded reimbursement of demurrage charges imposed by the railways, alleging that the contractor’s failure to …

SINGAPORE AIRLINES LTD.versusC.I.T., DELHI

2022 INSC 1201Case Partly allowed

The case concerned whether the additional amount ("Supplementary Commission") earned by travel agents over and above the standard 7% commission on airline tickets is covered by Section 194H of the Income Tax Act and thus subject to tax deduction at source (TDS). The Supreme Court examined the nature …

M/S TEXCO MARKETING PVT. LTD.versusTATA AIG GENERAL INSURANCE COMPANY LTD. & ORS.

2022 INSC 1186Case Partly allowed

The appellant, Texco Marketing Pvt. Ltd., bought a fire insurance policy from Tata AIG that excluded coverage for basement premises, yet the insured shop was located in a basement. After a fire, the insurer denied the claim relying on the exclusion clause. The State Consumer Commission held the …

STATE BANK OF INDIAversusARVINDRA ELECTRONICS PVT. LTD.

2022 INSC 1168Appeal(s) allowed

State Bank of India (SBI) had sanctioned a cash credit facility to Arvindra Electronics Pvt. Ltd., which later became an NPA. SBI offered a One‑Time Settlement (OTS) scheme requiring the borrower to pay the settled amount by 21 May 2018, but the borrower failed to do so and sought a nine‑month …

MAITREYA DOSHIversusANAND RATHI GLOBAL FINANCE LTD. AND ANR.

2022 INSC 1004Dismissed

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 …

ESSAR HOUSE PRIVATE LIMITEDversusARCELLOR MITTAL NIPPON STEEL INDIA LIMITED

2022 INSC 957Dismissed

Essar Steel deposited roughly Rs 35 crore and Rs 47 crore as refundable security deposits with Essar House Private and Essar Services respectively. After Essar Steel entered corporate insolvency resolution, the resolution applicant Arcelor Mittal Nippon Steel (Arcellor) sought repayment of those …

K. PARAMASIVAMversusTHE KARUR VYSYA BANK LTD. & ANR.

2022 INSC 926Dismissed

The financial creditor, Karur Vysya Bank, advanced loans to three non‑corporate borrowers who defaulted. Maharaja Theme Parks and Resorts Private Limited (MTPR) had given corporate guarantees for those loans. The bank filed an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) …

LIFE INSURANCE CORPORATION OF INDIAversusSANJEEV BUILDERS PRIVATE LIMITED & ANR.

2022 INSC 896Dismissed

The appellant (LIC) challenged the High Court’s order allowing the respondents (Sanjeev Builders and another) to amend their plaint in a suit for specific performance, seeking a higher quantum of damages. The appellant argued that the amendment was barred by Order II Rule 2 of the CPC and the …

KOTAK MAHINDRA BANK LIMITEDversusKEW PRECISION PARTS PRIVATE LIMITED & ORS.

2022 INSC 800Appeal(s) allowed

Kotak Mahindra Bank Ltd., a financial creditor, filed a petition under Section 7 of the Insolvency and Bankruptcy Code (IBC) to initiate a Corporate Insolvency Resolution Process (CIRP) against Kew Precision Parts Pvt. Ltd. after the debtor defaulted on loans. The debtor had offered a one‑time …

SHABBIR MOHAMMAD SAYEDversusMRS. NOOR JEHAN MUSHTER SHAIKH & ORS.

2022 INSC 784Dismissed

The plaintiff obtained a decree declaring her as tenant of a premises in Mumbai and ordered the landlord to hand over possession. The appellant, Shabbir Mohammad Sayed, claimed he had acquired leasehold rights from the alleged lawful tenant and also from the landlord on 24 January 2014, and sought …

PTC INDIA FINANCIAL SERVICES LIMITEDversusVENKATESWARLU KARI AND ANOTHER

2022 INSC 562Appeal(s) allowed

The appeal concerned PTC India Financial Services Ltd (PIFSL) who, after a corporate debtor defaulted, invoked a pledge over 31,80,678 dematerialised shares of NEVPL under a pledge deed and sought to enforce its rights under the Contract Act, 1872. The National Company Law Appellate Tribunal had …

DILIP HARIRAMANIversusBANK OF BARODA

2022 INSC 539Appeal(s) allowed

The Bank of Baroda had granted a loan to the partnership firm Global Packaging, which issued three cheques that were later dishonoured for insufficient funds. A complaint under Section 138 read with Section 141 of the Negotiable Instruments Act was filed against the authorised signatory Simaiya …

LOOP TELECOM AND TRADING LIMITEDversusUNION OF INDIA AND ANR.

2022 INSC 255Dismissed

Loop Telecom applied for Unified Access Service Licences (UASL) for 2G spectrum and paid a non‑refundable entry fee of Rs 1454.94 crore. The Supreme Court, in Centre for Public Interest Litigation v. Union of India (CPIL), quashed the 2G licences on the ground that the First‑Come‑First‑Serve policy …

M/S. SREE SURYA DEVELOPERS AND PROMOTERSversusN. SAILESH PRASAD AND ORS.

2022 INSC 167Appeal(s) allowed

The dispute arose from a property gifted to the plaintiff during minority, later revoked, and a development agreement executed with the developer. The plaintiff's father obtained a compromise decree in 2015 granting the plaintiff rights over the property. After attaining majority, the plaintiff …

AMAR NATH (DEAD) THROUGH L.R.versusGIAN CHAND AND ORS.

2022 INSC 106Appeal(s) allowed

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 …

B.B. PATEL & ORSversusDLF UNIVERSAL LTD

2022 INSC 91Disposed off

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 …

B. L. KASHYAP AND SONS LTDversusM/S JMS STEELS AND POWER CORPORATION & ANR.

2022 INSC 60Appeal(s) allowed

B.L. Kashyap & Sons Ltd., a steel supplier, filed a summary suit under Order XXXVII of the CPC against a real‑estate firm (defendant No.1) and its contractor JMS Steels & Power Corp. (defendant No.2) for non‑payment of Rs 89,50,244. The trial court denied both defendants leave to defend, holding …

G.T. GIRISHversusY. SUBBA RAJU (D) BY LRS AND ANOTHER

2022 INSC 51Appeal(s) allowed

The Bangalore Development Authority (BDA) allotted a residential site to the first defendant in 1979, obligating her to construct a house within two years under the City of Bangalore Improvement (Allotment of Sites) Rules, 1972. In 1982 she entered into an agreement with the plaintiff to sell the …

DEVAS MULTIMEDIA PRIVATE LTD.versusANTRIX CORPORATION LTD. & ANR

2022 INSC 49Dismissed

The Supreme Court examined the winding‑up petition filed by Antrix Corporation against Devas Multimedia Private Ltd under section 271(c) of the Companies Act, 2013, alleging fraud in the formation and conduct of the company. The petition was never advertised, and the petitioners challenged the order …

ELLORA PAPER MILLS LIMITEDversusTHE STATE OF MADHYA PRADESH

2022 INSC 11Appeal(s) allowed

Ellora Paper Mills Ltd entered into a supply contract with the State of Madhya Pradesh and, after a dispute, the parties were referred to an arbitral tribunal called the Stationery Purchase Committee, which was composed entirely of state officers. The appellant sought termination of that tribunal …

ANITA RANIversusASHOK KUMAR & ORS

2021 INSC 905Appeal(s) allowed

Anita Rani filed two civil suits against her relatives Ashok Kumar and others to recover money. In the first suit, the respondents had taken a Rs 10.5 million loan, repaid Rs 5 million and claimed the repayment was a full and final settlement, but no written receipt or memorandum of compromise was …

JACOB PUNNEN & ANR.versusUNITED INDIA INSURANCE CO. LTD.

2021 INSC 853Appeal(s) allowed

The appellants held an annual medical insurance policy with United India Insurance that was renewed each year. For the 2008‑09 renewal the insurer introduced a cap on coverage for certain procedures, notably angioplasty, without informing the policyholders, who believed they were merely renewing the …

POOJA CERATECH PRIVATE LIMITEDversusOIL AND NATURAL GAS CORPORATION LTD. & ANR.

2021 INSC 925Dismissed

Oil and Natural Gas Corporation (ONGC) issued a tender for the sale of gas. Pooja Ceratech Private Limited submitted a price bid but later claimed a mistake and sought to modify the bid. ONGC opened the price bids without the petitioner, disqualified it and invoked the bank guarantees furnished as …

ELECTROSTEEL CASTINGS LIMITEDversusUV ASSET RECONSTRUCTION COMPANY LIMITED & ORS.

2021 INSC 794Dismissed

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 …

M/S GIMPEX PRIVATE LIMITEDversusMANOJ GOEL

2021 INSC 637Case Partly allowed

M/S Gimpex Private Limited sued Manoj Goel for dishonour of cheques under Section 138 of the Negotiable Instruments Act. After the first set of cheques bounced, the parties entered into a deed of compromise in March 2013, under which new cheques were issued; those too were dishonoured, leading to a …

UNION OF INDIA AND OTHERSversusN MURUGESAN ETC.

2021 INSC 628Disposed off

The respondent, N. Murugesan, was appointed Director‑General of the Central Power Research Institute (CPRI) on a five‑year tenure through direct recruitment, with a clause that re‑appointment would depend on suitability. As his tenure ended, he sought extension, claiming that his appointment was a …

GARG BUILDERSversusBHARAT HEAVY ELECTRICALS LIMITED

2021 INSC 606Dismissed

Garg Builders entered into a construction contract with Bharat Heavy Electricals Ltd (BHEL) that contained Clause 17 expressly barring any interest on monies due to the contractor. A dispute was referred to arbitration, and the arbitrator awarded pendente lite and future interest despite the clause. …

PLACIDO FRANCISCO PINTO (D) BY LRS. & ANRversusJOSE FRANCISCO PINTO & ANR.

2021 INSC 581Appeal(s) allowed

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 …

PUNJAB STATE POWER CORPORATION LIMITED AND ANOTHERversusEMTA COAL LIMITED

2021 INSC 523Appeal(s) allowed

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, …

SOMESH THAPLIYAL & ANR. ETC.versusVICE CHANCELLOR, H.N.B. GARHWAL UNIVERSITY & ANR.

2021 INSC 444Disposed off

The appellants were appointed as teachers in the Department of Pharmaceutical Sciences of H.N.B. Garhwal University between 2004 and 2007 under the Uttar Pradesh State Universities Act, 1973. Their appointment letters imposed a three‑year contractual term, which they protested but continued to …

SOUTH EASTERN COALFIELDS LTD. & ORS.versusM/S. S. KUMAR’S ASSOCIATES AKM (JV)

2021 INSC 350Dismissed

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 …

R. JANAKIAMMALversusS.K. KUMARASAMY(DECEASED) THROUGH LEGAL REPRESENTATIVES AND OTHERS

2021 INSC 316Case Partly allowed

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 …

LALIT KUMAR JAINversusUNION OF INDIA & ORS.

2021 INSC 297Dismissed

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 …

SUKHBIRversusAJIT SINGH

2021 INSC 279Case Partly allowed

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 …

PASL WIND SOLUTIONS PRIVATE LIMITEDversusGE POWER CONVERSION INDIA PRIVATE LIMITED

2021 INSC 264Disposed off

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 …

SANJIV PRAKASHversusSEEMA KUKREJA AND ORS.

2021 INSC 229Disposed off

The appellant, Sanjiv Prakash, invoked an arbitration clause in a 1996 Memorandum of Understanding (MoU) among family members after a dispute over share transfers with his sister and mother. The respondents argued that the MoU was superseded and novated by a later Shareholders' Agreement (SHA) dated …

LAXMI PAT SURANAversusUNION BANK OF INDIA & ANR.

2021 INSC 220Disposed off

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 …

ASHA JOHN DIVIANATHANversusVIKRAM MALHOTRA & ORS.

2021 INSC 121Appeal(s) allowed

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; …

AMITABHA DASGUPTAversusUNITED BANK OF INDIA & ORS.

2021 INSC 104Disposed off

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 …

PHOENIX ARC PVT. LTD.versusKETULBHAI RAMUBHAI PATEL

2021 INSC 59Dismissed

L&T Infrastructure Finance advanced a Rs 40 crore loan to Doshion Ltd., with Doshion Veolia Water Solutions Pvt Ltd (the corporate debtor) providing a non‑disposal undertaking and pledging 40,160 shares of Gondwana Engineers Ltd as security. L&T assigned its rights to Phoenix ARC Pvt Ltd, which …

ANVERSINH @ KIRANSINH FATESINH ZALAversusSTATE OF GUJARAT

2021 INSC 16Case Partly allowed

The appellant, Anversinh, was convicted under Sections 361 and 366 of the Indian Penal Code for kidnapping a 16‑year‑old girl and attempting to compel her marriage, after the girl was recovered from his custody. The appellant argued that the relationship was consensual and that the girl had …

M/S. N.N. GLOBAL MERCANTILE PVT. LTD.versusM/S. INDO UNIQUE FLAME LTD. & OTHERS

2021 INSC 12Matter referred to larger bench

The appellant, Global Mercantile, entered into a sub‑contract with Indo Unique containing an arbitration clause, but the work order was unstamped under the Maharashtra Stamp Act. A dispute arose when Indo Unique invoked a bank guarantee, which Global Mercantile alleged was fraudulent, leading to a …

AMERICAN METALLURGICAL COAL PTY LTD.versusMMTC LTD.

2020 INSC 705Appeal(s) allowed

The case involved an international commercial arbitration under a Long‑Term Agreement for the supply of coking coal between Anglo American Metallurgical Coal Pty Ltd (appellant) and MMTC Ltd (respondent). The arbitral tribunal held that MMTC breached the contract by failing to lift 454,034 MT of …

VIDYA DROLIA AND OTHERSversusDURGA TRADING CORPORATION

2020 INSC 697Reference answered

The Supreme Court of India addressed two interconnected issues: whether landlord-tenant disputes governed by the Transfer of Property Act, 1882 are arbitrable, and the scope of judicial review under Sections 8 and 11 of the Arbitration and Conciliation Act, 1996. The case arose from a tenancy …

FERRODOUS ESTATES (PVT.) LTD.versusP. GOPIRATHNAM (DEAD) & ORS.

2020 INSC 586Appeal(s) allowed

Ferro... Ltd. entered into a 1980 agreement to sell land to the defendants, which required the vendor to obtain permission under the Tamil Nadu Urban Land (Ceiling & Regulation) Act, 1978. The defendants failed to secure the permission, prompting the appellant to sue for specific performance. The …

M/S. MAGMA FINCORP LTD.versusRAJESH KUMAR TIWARI

2020 INSC 574Case Allowed

M/S. Magma FinCorp Ltd., the financier, entered into a hire‑purchase agreement with Rajesh Kumar Tiwari for a vehicle. Tiwari paid seven instalments before the financier repossessed the vehicle without a notice addressed to his correct address and later sold it. Tiwari filed a consumer complaint …

AVITEL POST STUDIOZ LIMITED & ORS.versusHSBC PI HOLDINGS (MAURITIUS) LIMITED

2020 INSC 498Disposed off

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 …

DECCAN PAPER MILLS CO. LTD.versusREGENCY MAHAVIR PROPERTIES & ORS.

2020 INSC 497Dismissed

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 …

SURENDRA KUMAR BHILAWEversusTHE NEW INDIA ASSURANCE COMPANY LIMITED

2020 INSC 434Appeal(s) allowed

The appellant, Surendra Kumar Bhilawe, owned an Ashok Leyland truck that was insured by New India Assurance. The truck was involved in a serious accident in November 2011, and the appellant filed a claim for the loss. The insurer denied the claim, alleging that the vehicle had been sold in 2008 to …

M/S. CENTROTRADE MINERALS AND METALS INC.versusHINDUSTAN COPPER LTD.

2020 INSC 411Disposed off

Centrotrade Minerals & Metals Inc., a US corporation, contracted with Hindustan Copper Ltd. (HCL) for the sale of copper concentrate and included a two‑tier arbitration clause: first arbitration in India, with a right to appeal to an ICC arbitration in London. After an Indian arbitrator gave a nil …

GOPAL PRASADversusBIHAR SCHOOL EXAMINATION BOARD AND OTHERS

2020 INSC 408Matter referred to larger bench

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 …

TRILOKI NATH SINGHversusANIRUDH SINGH (D) THR. LRS. & ORS.

2020 INSC 385Dismissed

The appellant, who purchased land by a sale deed in 1984, filed a suit seeking a declaration that a compromise decree passed by the High Court in 1994 in a partition suit was illegal, fraudulent and void. The decree was passed in a second appeal concerning parties other than the appellant, who was a …

FIRM RAJASTHAN UDYOG & ORS.versusHINDUSTAN ENGINEERING & INDUSTRIES LTD.

2020 INSC 362Appeal(s) allowed

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 …

NATIONAL AGRICULTURAL COOPERATIVE MARKETING FEDERATION OF INDIAversusALIMENTA S.A.

2020 INSC 345Appeal(s) allowed

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. …

ASSISTANT GENERAL MANAGER, STATE BANK OF INDIA & ORS.versusRADHEY SHYAM PANDEY

2020 INSC 238Disposed off

The Supreme Court examined whether employees who retired under the State Bank of India Voluntary Retirement Scheme (VRS) of 2000 and had completed fifteen years of service were entitled to a proportionate pension under the SBI Employees' Pension Fund Rules. The Court held that the Central Board of …

M/S. DYNA TECHNOLOGIES PVT. LTD.versusM/S. CROMPTON GREAVES LTD.

2019 INSC 1395Disposed off

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 …

M/S. UTTARAKHAND PURV SAINIK KALYAN NIGAM LIMITEDversusNORTHERN COAL FIELD LIMITED

2019 INSC 1292Disposed off

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 …

TAJ MAHAL HOTELversusUNITED INDIA INSURANCE COMPANY LTD. & ORS.

2019 INSC 1245Dismissed

The case arose when a guest's car, parked under the valet service of Taj Mahal Hotel, was stolen after three young men entered the premises and took the keys from the valet. The guest's insurer, United India Insurance, settled the claim and, together with the car owner, filed a consumer complaint …

STATE OF WEST BENGAL & ORS.versusCALCUTTA CLUB LIMITED

2019 INSC 1111Disposed off

The Calcutta Club, a Section 25 company operating as a members' club, was served with a notice for non‑payment of sales tax on food and drinks supplied to its permanent members. The Club argued that, under the doctrine of mutuality, no sale occurred because the supplier and the buyer were the same …

RAJA RAMversusJAI PRAKASH SINGH AND OTHERS

2019 INSC 1015Dismissed

The appellant, Raja Ram, claimed that his elderly father, aged over 80, was physically infirm and that the respondents, who cared for him, exercised undue influence to obtain a sale deed in their favour in 1970. The plaintiff alleged that the father's age, cataract, and limited mobility rendered him …

M/S GEO MILLER & CO. PVT. LTD.versusCHAIRMAN, RAJASTHAN VIDYUT UTPADAN NIGAM LTD.

2019 INSC 989Dismissed

The appellant, M/s Geo Miller & Co., sought appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 for three water‑treatment contracts dated 1979‑1985, alleging non‑payment by the respondent. The respondent contended that the cause of action arose when the …

TILAK RAJ BAKSHIversusAVINASH CHAND SHARMA (DEAD) THROUGH LRS. & OTHERS

2019 INSC 923Dismissed

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 …

MADHUKAR NIVRUTTI JAGTAP & ORS.versusSMT. PRAMILABAI CHANDULAL PARANDEKAR & ORS.

2019 INSC 892Case Partly allowed

The plaintiffs entered into agreements dated 20‑09‑1965 and 28‑04‑1966 for the sale of 50 acres of agricultural land, paying part of the consideration and taking partial possession. The defendants contended that the documents were merely collateral security for a loan. The Supreme Court held that …

RELIANCE LIFE INSURANCE CO LTD & ANR.versusREKHABEN NARESHBHAI RATHOD

2019 INSC 565Appeal(s) allowed

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 …