Indian Contract Act, 1872

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 provide sufficient truc…

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 earlier obtained three r…

The respondent, Mohd. Nizam, sent thirty value‑payable parcels from India to Pakistan in 1949. The addressees in Pakistan paid the amounts, but because the money‑order service between the two countries was suspended on 19‑September‑1949, the money was never transferred to India. Nizam sued the Union of India for the su…

The appellant, Magma Leasing & Finance Ltd., entered into a hire‑purchase agreement with the respondent, Potluri Madhavilata, which contained a broad arbitration clause (clause 22). After the respondent defaulted on instalments, the appellant terminated the agreement, seized the vehicle and the respondent filed a suit …

The dispute arose from a 1986 contract under which MMTC was to purchase 60,000 metric tons of US‑origin sulphur annually from H.J. Baker & Bros. MMTC failed to lift the agreed quantity for the first half of 1992, citing a government de‑canalisation order, and later for the balance period. Baker invoked arbitration and …

The appellants, brothers who co‑owned land, sued the respondents seeking a declaration that the arbitration awards and the subsequent court decrees granting title to the respondents were null and void because they were obtained through fraud and stamp‑duty evasion. The lower courts dismissed the suits on the ground tha…

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 Section 11(6) applic…

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 Mohammad Iliyas Ansar…

The case concerned a private family temple, Pechiamman Temple, whose management rights were disputed among two branches of the founding family. The plaintiff sought to invalidate the will of Lakshmanan Chettiar, arguing that the right to manage the temple (shebaitship) could not be transferred by testament. The trial c…

The Uttar Pradesh Avas Evam Vikas Parishad (the Board) conducted a public auction of a plot, where Om Prakash Sharma was the highest bidder and deposited earnest money. The Housing Commissioner later rejected his bid, prompting Sharma to sue for a declaration that the auction was binding and the rejection illegal. The …

The Supreme Court examined a dispute arising under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 where Standard Chartered Bank claimed that shares and securities pledged by broker Hiten Dalal were its security against a loss of Rs. 280.80 crore. The Court held that the bank had …

M/s Angile Insulations filed a suit in the Sub‑Judge Court, Dhanbad, to recover sums due under a contract with Davy Ashmore India Ltd. The respondent invoked clause 21 of the contract, which stipulated that any legal proceedings would be subject to the jurisdiction of the High Court of Bangalore. The trial court return…

The Food Corporation of India (FCI) entered into a storage agency agreement with Jagannath Dutta in 1967, which contained a clause allowing either party to terminate the contract with two months' notice without assigning a reason. In 1985, FCI decided, through a series of meetings and letters, to abolish private storag…

The appellants, sisters Smt. Sova Ray and others, sued for partition of family property claiming a one‑third share. The trial court granted the share and the parties later settled on a compromise whereby the defendant, their uncle Gostha Gopal Dey, would acquire half of their share (one‑sixth of the property) for Rs 40…

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 that no triable issues …

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 site, promising posses…

Maharashtra State Electricity Distribution Co. Ltd. (MSEB) awarded a contract to Datar Switchgear Ltd. (DSL) for installing Low Tension Load Management Systems. MSEB repeatedly failed to provide the list of locations (DTC lists) required for installation and also delayed renewal of the Letter of Credit. DSL terminated …

Gian Chand entered into an agreement to purchase a one‑third share of land from Gopala, paying Rs 20,000 as earnest money with the sale deed to be executed by 30‑April‑1978. The appellant later discovered that a notification under Section 4(1) of the Land Acquisition Act, 1894, published on 3‑August‑1977, indicated the…

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 coal at the agreed pric…

The appellant Aloka Bose (representing the heirs of the deceased vendor) appealed against a decree of specific performance granted to the plaintiff Parmatma Devi for the sale of a portion of a house. The dispute centered on whether a written agreement of sale signed only by the vendor, without the purchaser's signature…

The Supreme Court examined the validity of Voluntary Retirement Schemes (VRS) introduced by State Bank of India and other nationalised banks, focusing on whether an employee’s application for retirement could be withdrawn before the bank’s acceptance despite a clause stating the request was irrevocable. The Court held …

St. Joseph Textiles booked a consignment of hand‑loom cloth for carriage by the Indian Railways and sent the parcel way‑bill and a bank demand draft to the bank for clearance. The bank returned the documents, and the appellant wrote to the destination station master requesting re‑booking of the goods, but received no r…

The Kerala Financial Corporation (KFC), a state corporation, obtained a decree against T.M. Hassan Rawther for default on a loan secured by a tea estate. After an unsuccessful court auction in 1969, KFC purchased the estate but could not take possession until 1982 due to a labour dispute. KFC then invited public tender…

The appellant, Ajaib Singh, entered into a sale agreement with the respondents and paid the bulk of the purchase price, leaving only Rs.75 to be paid upon execution of title documents. The appellant took possession of the property in part performance, but the respondents failed to execute the title documents. The appel…

The State of Haryana invited tenders for toll collection and required bidders to keep their offers open for 90 days after the last date of receipt, with a bid security forfeitable if the offer was withdrawn during that period. Malik Traders, the second‑highest bidder, was issued a letter of acceptance on 26‑Nov‑2008 bu…

The appellant, Sonali Power Equipments, supplied transformers to the Maharashtra State Electricity Board between 1993 and 2004 and faced delayed payments. It referred the dispute to the Micro and Small Enterprises Facilitation Council under Section 18 of the MSMED Act, obtaining an award in 2010, which the respondents …

The Kerala Forest Department auctioned the right to collect residual tree growth and fire wood. The appellant bid Rs 3,00,100, but before the bid was confirmed a fire destroyed a substantial part of the subject matter. The appellant requested a reduction in the bid amount, yet the Managing Director confirmed the bid an…

The owner of a bus paid the premium for a motor vehicle insurance policy by cheque, which later bounced. The bus was involved in an accident causing the death of a passenger, and the claimants sought compensation from the insurer, United India Insurance Co. Ltd. The insurer argued that the policy was void due to non-pa…

ONGC entered into a contract with Saw Pipes Ltd for supply of casing pipes, making timely delivery essential and providing for liquidated damages of 1% per week (up to 10%) for delay. Saw Pipes failed to deliver on time due to a strike, sought an extension, and ONGC granted it on the condition that liquidated damages w…

The plaintiff, Goltens Dubai, repaired the vessel Master Panos and sought $100,000 from Defendant No.1 (Archean Industries) as part of a freight‑sharing arrangement that was to be paid directly to the plaintiff. Defendant No.1 executed a letter dated 22‑04‑1998 and a "Corporate Guarantee" dated 25‑04‑1998, unequivocall…

APIIC invited bids to develop a 350‑acre aerospace park and awarded the contract to Unitech, which paid Rs 165 crore in installments. The contract was conditioned on the outcome of a pending litigation concerning the title to the land, which the Andhra Pradesh High Court and later this Court held that the government di…

The appellant, a carrier, appealed against a complaint filed by the assured (a consignor who was also a consumer) and the insurer under the Consumer Protection Act, 1986, seeking compensation for loss of a consignment. The goods were insured, the insurer paid the assured, and the assured executed a Letter of Subrogatio…

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 on grounds of lack …

The parties entered into a supply agreement at Calcutta (place 'C') and a mutual understanding that any dispute would be litigated exclusively in Calcutta courts. When a dispute arose, the petitioner filed a suit in Calcutta, but the respondent filed a separate suit in Vijayawada (place 'V'), which was decreed in the r…

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 produced. In the seco…

The parties, siblings, entered into a compromise concerning ancestral property, which the court incorporated into a decree ordering the respondents to pay Rs.10 lakh each and, on default, interest at 18% per annum. The respondents failed to pay, and the appellants sought execution. The executing court, and later the Hi…

The petitioner, a Thai joint venture, entered into a contract with the respondent, an Indian company, for the sale of aluminium ingots, which contained an arbitration clause. The respondent contested the petition for appointment of an arbitrator, arguing that the contract was not signed by an authorized person and that…

The appellants, industrial consumers, had entered into contracts with the Madhya Pradesh Electricity Board requiring them to pay a minimum guaranteed charge equivalent to 40% of the contract demand, irrespective of actual consumption. They challenged the Board's demand for these charges, arguing that the Board had not …

Bihari Lal Jaiswal obtained a retail liquor licence under the Madhya Pradesh Excise Rules and entered into a partnership with ten others to run the business. He applied for registration of the partnership under sections 184 and 185 of the Income Tax Act, but the Income Tax Officer rejected the application because the p…

The State of Gujarat awarded a contract to M/s Kothari & Associates for canal lining, but repeatedly delayed handing over the site, forcing the contractor to seek four extensions of time. Each time the contractor claimed compensation for the delay, the State denied it, and the work was eventually completed in 1980. The…

Mis Arosan Enterprises Ltd entered into a contract with the Union of India/FCI for the supply of 58,000 metric tonnes of sugar, stipulating that shipment by 31 October 1989 was the essence of the contract but also allowing the buyer to extend the delivery period at a discount. The buyer cancelled the contract for non‑s…

The appellants shipped men's apparel consignments to American Consolidation Services Ltd. (ACS), which acted as an agent of the buyer, Zip Code Inc., a subsidiary of Coronet Group Inc. The goods were delivered to Zip Code Inc. without payment being made to the bank, leading the appellants to claim compensation under th…

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 for tax purposes an…

The case involved two sisters who challenged a 1983 deed of partition and relinquishment of their rights in family properties in favour of their brothers, alleging fraud and lack of consideration. The lower courts had held that the properties were joint family assets, the partition was a family settlement, and the sist…

The petitioners held mediclaim policies with United India Insurance Co. Ltd., a subsidiary of the General Insurance Corporation of India, and paid premiums annually. After several claims, the insurer refused to renew the policies, citing high claim ratios and pre‑existing diseases. The Gujarat High Court ordered renewa…

The Supreme Court examined whether the proviso to Section 12(5) of the Arbitration and Conciliation Act, 1996 could be invoked to validate an arbitrator who had become ineligible under the Seventh Schedule. The Court held that the proviso applies only when, after a dispute arises, the parties execute an express written…

M/s Dilawari Exporters (appellant) exported garments to the USA and handed the consignment to Fourways Movers (respondent No.3), which issued a House Air Waybill and, on behalf of Alitalia Cargo (respondent No.1), a Master Air Waybill. The shipment was delayed, leading the exporter to claim damages before the National …

Hanil Era Textiles Ltd placed a purchase order in Mumbai for filters, paying an advance there, and the order was accepted by the seller's Mumbai branch. The goods were later dispatched from the seller's Delhi factory to the buyer in Delhi, and the buyer filed a suit in the Delhi court for recovery of dues. The seller i…

The Municipal Committee of Bahadurgarh had repeatedly promised that the Fateh Mandi would be exempt from octroi duty, a promise later withdrawn by the State of Haryana under its statutory powers. The petitioners, who bought plots in the market relying on the exemption, challenged the State's order imposing octroi, argu…

The State of Maharashtra charged Dr. Budhikota Subharao with leaking atomic energy secrets under the Atomic Energy Act and the Official Secrets Act. He was discharged because the State failed to obtain the sanction required under Section 197 of the Criminal Procedure Code. The accused then applied to have the charge sh…

The Commissioner of Customs confirmed duty, interest, penalty and confiscation liability on nine consignments of gold and silver imported by M/s Aafloat Textiles (I) Pvt. Ltd. under Special Import Licences (SIL) that were later discovered to be forged. The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) can…

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 in two earlier Tripar…

The appellant, a non‑redeeming co‑mortgagor, claimed a 9/12 share in a jointly owned mortgaged property and sought declaration of title, possession, or partition after another co‑mortgagor fully redeemed the mortgage and took possession. The trial court and first appellate court decreed partition, ordering the appellan…

Kaveri Engineering Industries Ltd entered into a contract with United Shipping Corporation Ltd for the transshipment of 400 MT of fabricated steel structures from Madras to Chittagong for a fixed freight of Rs 2 lakhs, irrespective of cargo volume. The shipping agent later demanded Rs 10.70 lakhs based on volume, refus…

The respondent sued for specific performance of a contract for sale of a house. The trial court decreed in his favour and the High Court affirmed. During the hearing of the Letters Patent Appeal, the parties orally agreed that the appellant would pay Rs.2,25,000 as full and final settlement, but the agreement was not r…

Leela Hotels Ltd. entered into a sub‑lease with HUDCO for a hotel project, which was later cancelled, leading to arbitration. The arbitrator awarded HUDCO to pay Leela Hotels a principal sum plus interest. HUDCO deposited Rs 89.78 crores, claiming it was towards the principal, while Leela Hotels argued it should first …

The Calcutta Electricity Supply Corporation (C.E.S.C.) engaged private contractors to excavate, lay and maintain electric lines. The Employees' State Insurance Corporation (E.S.I.C.) directed C.E.S.C. to deduct E.S.I. contributions for the contractors' workers, asserting they were "employees" under Section 2(9) of the …

The Union of India sought payment under bank guarantees issued by exporters for extra‑long‑staple cotton exports. The guarantees, dated 31‑Jan‑1996, contained a clause that extinguished the bank's liability if a claim was not made within three months of the guarantee's expiry. The Textile Commissioner invoked the guara…

The appellant BSNL awarded a turnkey tender to Motorola and later imposed liquidated damages under clause 16.2 of the tender for alleged delay in delivery. Motorola contested the levy, invoking the arbitration clause, while BSNL claimed the matter was an "excepted matter" under clause 20.1 and therefore not arbitrable.…

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 eventually forfeited …

DLF Universal Ltd sold a flat to Ekta Seth & others under an Apartment Buyer’s Agreement that allowed the seller to increase the price and stipulated forfeiture of earnest money for default. The buyers paid installments for five years but stopped after the seller demanded a cost‑escalation sum and failed to deliver pos…

The appellants filed a partition suit against the respondents, who had earlier executed a registered General Power of Attorney in favour of two attorneys to manage rent. While the suit was pending, the parties entered into a compromise, which the trial court approved and decreed. The respondents later filed a miscellan…

The appellant submitted a tender for a construction contract, claiming a 2.25% uplift on rates and a 40% labour component, which the respondent contested, leading to arbitration. The arbitrator held that the appellant’s covering letter formed part of the contract, upheld the 2.25% uplift, substituted the contractually …

The Zoroastrian Co‑operative Housing Society Ltd. (appellant) was formed to provide housing for members of the Parsi community and its bye‑law 7 limited membership to Parsis. Respondent No. 2, a qualified member, sought to transfer his share to Respondent No. 3, a non‑Parsi builder, but the Society refused permission u…

The husband and wife married in 1987, after which the wife sought maintenance under Section 125 of the Criminal Procedure Code. The parties later entered into a compromise under Order 23 Rule 3 of the Civil Procedure Code, agreeing that the wife would receive a lump sum of Rs 8,000 as permanent alimony and would not cl…

Gurmkh Singh (appellant) appealed against a decree ordering specific performance of an agreement with Amar Singh (respondent) to jointly bid at a public auction of evacuee property and to split the purchased land. The appellant argued that the agreement was void under Section 23 of the Indian Contract Act, 1872 because…

The Food Corporation of India (FCI) entered into fidelity insurance guarantees with several insurance companies to cover losses caused by rice millers' breach of contract. The guarantees stipulated that FCI would have no rights under the bond after six months from the termination of the millers' contracts. After the mi…

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 to appear for executi…

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 agreement containing an ar…

Mis. Everest Wools Pvt. Ltd. obtained a loan from the U.P. State Financial Corporation and later sought additional financing from the Pradeshiya Industrial and Investment of U.P. Ltd. (PICUP). The Corporation alleged that the company had purchased second‑hand plant from another financed unit in breach of contract, reca…

Shiv Kumar Joshi, a member of the Employees' Provident Fund Scheme, complained before the District Consumer Forum that the Regional Provident Fund Commissioner delayed payment of his provident fund, alleging deficiency in service. The Commissioner appealed, arguing that the scheme was not a "service" under the Consumer…

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 deed for lack of ad…

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 of the relationship…

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 against the hotel. The…

An international car manufacturer entered into a joint venture with an Indian company that appointed Prem Nath Motors Ltd as its dealer. In response to advertisements, individuals applied for a Peugeot 309 car through Prem Nath Motors, paying a booking amount of Rs.25,000 in the name of the Indian principal. When the c…

The appellant, Indian Drugs & Pharmaceuticals Ltd., entered into a contract with respondent No.2 for filling medicine vials, which was terminated on 1 April 1984. After discovering defects in the vials in 1985, the appellant sought reimbursement and invoked the arbitration clause (clause 19) to refer the dispute to an …

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 family property, that th…

The appellant, Kali Durga Estate, entered into a registered agreement to sell its first‑floor premises to Sanchaita Investments for Rs.16 lakh, with an earnest payment of Rs.4 lakh and further installments. The contract stipulated that the buyer must pay the balance and take possession within 15 days of a notice from t…

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 deposits and filed Sect…

Chrisomar Corporation supplied bunkers to the vessel M.V. Nikolaos‑S owned by Third Element Enterprises and sued for unpaid invoices, leading to the vessel's arrest. The parties entered a settlement on 18 January 2000, but the vessel was re‑arrested on 2 May 2000 when payment was still outstanding. Respondent No. 1 (MJ…

The State Trading Corporation (STC) entered into a contract to supply basmati rice to Abu Dhabi Municipality and, concurrently, a back‑to‑back agreement with Jainsons Clothing Corporation requiring Jainsons to supply a portion of the rice and to furnish an irrevocable bank guarantee. After STC cancelled the export cont…

State Bank of India (SBI) sought recovery of a loan from a corporate debtor whose managing director, V. Ramakrishnan, had also given a personal guarantee. After the corporate debtor defaulted, SBI invoked SARFAESI provisions and the debtor filed an insolvency petition under the Insolvency and Bankruptcy Code (IBC) 2016…

The State of Kerala terminated a road‑improvement contract with contractor M.K. Jose for alleged non‑completion and forfeited his security deposit. The contractor filed multiple writ petitions under Article 226 challenging the termination, extensions of time and denial of revised estimates. The High Court’s single judg…

The plaintiff and defendant entered into an agreement on 3 December 1973 for the sale of a structure under the Calcutta Thika Tenancy Act, 1949, without the land. The plaintiff sued for specific performance on 7 February 1974; the trial court decreed in his favour on 24 April 1990. During the pendency of the suit, the …

The Madras Port Trust invited tenders in 1957; the contractor submitted a tender with deviations, notably that the Trust would import and supply plant and machinery. The Trust refused to incorporate the contractor’s modifications, and the contract was signed without them. Delays in importing the machinery caused the co…

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 Negotiable Instruments…

The Supreme Court considered appeals and writ petitions filed by Bharti Airtel Ltd and other telecom operators seeking renewal or extension of their licences granted under Section 4 of the Telegraph Act, 1885. The operators argued that the licences created a contractual right to extension and that the Government’s deci…

Arjan Singh filed a suit for specific performance of a contract concerning a Chandigarh property and obtained an interim injunction that was extended up to 16 October 1996. A second suit was filed by Sanjeev Sharma against the same owner, Dr. Bawa, and the parties entered into a compromise on 19 February 2003, resultin…

The Supreme Court examined whether internal circulars issued by the Department of Telecommunications (DOT) could alter the terms of lease contracts between Bharat Sanchar Nigam Ltd. (BSNL) and BPL Mobile Cellular Ltd. concerning inter‑connection links. The parties had entered into licence agreements that specified rent…

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 financed the purchase of t…

Travancore Rubber and Tea Co. entered into three agreements to sell old rubber trees, receiving Rs 75,000 as earnest money and Rs 3,56,300 as advance. The purchasers defaulted, the agreements were terminated and the amounts were forfeited. The assessee claimed the forfeited sums were capital receipts and not taxable as…

Vallabh Glass Works Ltd. and others, manufacturers of various types of glass, challenged the levy of excise duty by the Central Excise Department under Item 23A(1) of the Central Excise & Salt Act, 1944, contending that their products were not "sheet glass" and should be taxed under the residual Item 68. After the Assi…

The appellant IDCO allotted land to Mesco Kalinga Steel for a steel plant on the condition that a formal lease deed be executed. Mesco paid an initial instalment and took advance possession but never executed the lease deed despite repeated notices. After more than five years of default, IDCO gave a final notice and, o…

The parties to a joint venture executed an Intellectual Property License Agreement (IPLA) containing an arbitration clause, but the appellants argued that the IPLA was not a concluded contract and therefore no arbitration agreement existed. The Supreme Court held that the arbitration clause is separable from the underl…

The Supreme Court examined whether an employer could close an industrial undertaking and retrench workmen without obtaining prior permission from the appropriate Government, and whether a settlement reached between the parties could override the statutory requirements of Sections 25‑N and 25‑0 of the Industrial Dispute…

The Pradeshiya Industrial & Investment Corp. of U.P. (PICUP) advanced a loan to Shefali Papers Ltd., secured by mortgage and guarantee bonds executed by Kailash Nath Agrawal and others. After the company was declared sick under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), PICUP issued demand not…

The State Bank of India (SBI) extended a cash‑credit facility to Saksaria Sugar Mills Ltd., secured by an equitable mortgage of the mill’s goods and immovable property. When the mill defaulted, SBI sued the mill and its guarantors for Rs 54,89,822.99. During the suit, the Central Government took over the mill under the…

The Railway Board issued a tender for 1,900 cast steel bogies, receiving identical low bids from three large manufacturers (H.D.C., Mukand, Bhartiya) and higher bids from nine others. The Tender Committee, suspecting a cartel, recommended a reduced price of Rs. 76,000 and later a dual pricing scheme: Rs. 65,000 for the…

The Supreme Court examined whether an arbitration agreement embedded in an unstamped or insufficiently stamped contract is void, unenforceable, or merely inadmissible under the Indian Stamp Act. It held that such agreements are only inadmissible as evidence under Section 35 of the Stamp Act and that non‑stamping is a c…

The Delhi Development Authority (DDA) allotted flats under a Self‑Financing Scheme (SFS) and later, after some allottees defaulted on instalments, the Vice‑Chairman, acting as a delegatee, issued policy orders imposing a 20% surcharge and demanding payment of the current cost of the flats with retrospective effect. The…

The appellant entered into an agreement to purchase six acres of land, paying Rs. 50,000 as earnest money (labelled as an advance) and agreeing to register the sale deed within six months, making time of the essence. He took possession, levelled the land and sought a layout plan, which the Gram Panchayat refused, after…

Welspun Specialty Solutions Ltd. (formerly Remi Metals Gujarat Ltd.) supplied steel casing pipes to ONGC under four purchase orders that contained a liquidated damages clause for delayed delivery. During performance, ONGC granted several extensions and later deducted US$807,804.03 and Rs.1,05,367 as liquidated damages,…

The Maharashtra State Electricity Board (MSEB) invited tenders for supply of goods, allowing exemption from earnest money upon furnishing a Rs 50,000 bank guarantee. Cochin Malleables (in liquidation) gave such a guarantee through Canara Bank. When the Board demanded payment of Rs 50,000, the company was ordered wound …

The Supreme Court considered three appeals where successful resolution applicants sought to withdraw or modify their resolution plans after approval by the Committee of Creditors (CoC) but before approval by the Adjudicating Authority under the Insolvency and Bankruptcy Code (IBC), 2016. The Court held that the IBC doe…

Noble Resources Ltd. entered into a contract with the Orissa state-owned corporation OMC Ltd. to supply specified quantities of iron‑ore fines of grades A, B and C at agreed prices. OMC later refused to supply the remaining C‑grade quantity, citing a sharp rise in international prices and cancelled the tender, promptin…

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 the agreements were un…

Vicco Laboratories, a manufacturer of ayurvedic products, hired Art Commercial Advertising and its partners to produce a television serial titled "Yeh Jo Hai Zindagi" for Doordarshan, paying them a fixed sum as sponsorship. Vicco claimed it was the producer and owner of the copyright and the exclusive right to use the …

The plaintiff, an undischarged insolvent, entered into a joint application with the creditor to sell his land for the debt amount, with a clause allowing repurchase within five years. After the sale deed was executed by the Official Receiver, the plaintiff was adjudicated insolvent, but later obtained an unconditional …

The case involved a charter party for the carriage of crude oil from Ras Sukheir to a safe Indian port, where the charterers nominated Vadinar Single Berth Mooring (SBM) for discharge. The vessel arrived at Vadinar, tendered a Notice of Readiness (NOR) but could not moor at the SBM due to inadequate equipment. An adden…

The vendor, a life tenant of a property, entered into a sale agreement with HPA International to sell his life interest and the reversionary interest of the remaindermen, subject to obtaining a High Court sanction. The sanction suit was opposed by the reversioners and, after two years of delay, the vendor served a noti…

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 under protest, subsequ…

A criminal complaint under Section 420 read with Section 120‑B IPC was filed by the father of the respondent alleging that the petitioner, S.P. Gupta, as the attorney of accused No.1, misrepresented the ownership of a property, assuring it was free of encumbrances and that accused No.1 was the sole owner. The trial cou…

The Supreme Court examined SEBI’s action against the promoters of Ritesh Polyster Ltd., whose 1995 public issue was found to be a fraudulent hoax. SEBI directed the promoters – including the father, his wife and two sons who were minors at the time – to disassociate from the capital market for ten years under Sections …

The petitioner and respondent entered into a film distribution agreement on 19 March 1983 that contained an arbitration clause. On 11 March 1985 they executed a second agreement in which the respondent promised to pay Rs 6.5 lakhs and the petitioner would surrender his distribution rights, purportedly cancelling the 19…

The appellant obtained possession of a house under a registered deed of mortgage dated 28‑02‑1983 for a term of seven years. After the term expired, the mortgagor (respondent) served notice for redemption and filed a suit. The appellant contended that a later unregistered agreement had converted his possession into a t…

The Karnataka State Financial Corporation (KSFC) had granted a loan to an industrial concern and obtained personal guarantees and hypothecated properties from its directors. When the industrial concern defaulted, KSFC invoked Section 29 of the State Financial Corporations Act, 1951 to take possession of the guarantors'…

The appellants, manufacturers of metallic yarn, entered into a contract with the respondent that included clause 11 stating that any dispute would be subject to the jurisdiction of the Kaira court. The respondent sued the appellants in the Subordinate Judge's court at Salem for unpaid amounts and damages. The trial cou…

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 demanded justification, de…

The National Thermal Power Corporation Ltd. (NTPC) floated two tenders for construction work, requiring bidders to submit earnest money. The respondents, Ashok Kumar Singh & Ors., submitted bids with earnest money but later withdrew their bids and sought a refund. NTPC refused the refund, invoking Condition No.2 of the…

The dispute involved the sale of 4 Bighas of agricultural land by Rajiv Lochan Roy in 1982, who falsely claimed his father Nakho Ram was dead, while the father was alive until 1990. The buyer, Jharu Ram Roy (appellant), was aware of the fraud. The other son, Ramjit Roy, filed a suit to set aside the deeds and claim pos…

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 payment obligations. The H…

The brothers Shreedhar Govind Kamerkar (appellant) and Yesahwant Govind Kamerkar (respondent) entered into a partnership in 1971 that was dissolved in 1977. The dispute concerned whether the tenancy rights to a premises in Navalkar Building, used for the Deepak Provision Store and later for Shree Medico, formed part of…

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 the agreement void …

The Food Corporation of India contracted Vikas Majdoor Kamdaar Sahakari Mandli Ltd. to perform stevedoring and cargo handling at Kandla Port. The corporation later requested the contractor to increase the discharge rate, leading the contractor to incur extra expenses and seek higher remuneration. The trial court dismis…

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 High Court initially g…

Phulchand Exports Ltd. (seller) shipped 1,000 metric tons of rice to 000 Patriot (buyer) under a CIF contract but delayed shipment by 16 days and loaded the goods on a vessel that was not bound for the agreed destination, causing the cargo to be lost. The buyer invoked a reimbursement clause in the contract and obtaine…

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, and assigned his ri…

The case involved 90 non‑management workers (NMRs) of the Rengali Hydro Electric Project who claimed that they were forced to sign applications for a Voluntary Separation Scheme (VSS) through fraud and undue influence, and consequently were denied reinstatement. The Labour Court held that the VSS was thrust upon them a…

The husband entered into a hire‑purchase agreement with I.C.D.S. Ltd., and his wife stood as guarantor, issuing a cheque for part payment. The cheque was returned unpaid and the appellant served a statutory notice under Section 138 of the Negotiable Instruments Act, 1881, thereafter filing a criminal complaint. The res…

The respondents entered into a 1987 agreement with Lata Construction for the purchase of a flat, paid substantial sums, but the flat was never delivered and was later occupied by another. In 1991 the parties executed a fresh agreement providing for compensation of Rs.9,51,000 in lieu of the flat, expressly stating that…

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 held that the pledge cr…

National Fertilizers Ltd., a government company, imposed a ban on recruitment in its Marketing Division but nevertheless appointed 52 employees without advertising or notifying the employment exchange, in breach of its own Recruitment and Promotion Rules and the Employment Exchange Act. Various High Courts had ordered …

The Supreme Court examined a dispute between McDermott International Inc. (appellant) and Burn Standard Co. Ltd. (respondent) arising from a complex offshore construction contract with ONGC, where the arbitrator had issued a "partial award" deferring certain claims and later an additional and final award. The Court hel…

The appellant, a subsequent purchaser of a suit property, challenged a decree granting specific performance of an agreement for sale entered into between the original buyer (Respondent No.1) and a private limited company (Respondent No.2). The company had promised to execute and register a sale deed but later refused, …

Ghaziabad Development Authority (GDA) advertised several schemes for allotment of developed plots, collected deposits from allottees, and then failed to deliver possession within a reasonable time. The aggrieved allottees obtained orders from the MRTP Commission, Consumer Forum and High Court directing refund of their …

The Industrial Financial Corporation of India (IFCI) advanced term loans to Cannanore Spinning and Weaving Mills Ltd. (the principal debtor) secured by mortgages and a Deferred Payment Guarantee (DPG). When the debtor defaulted, IFCI sought payment from the guarantors (defendants 2‑6 and the deceased K.D.) and also fil…

The appellants, developers of the Hicon Onyx residential project, failed to deliver a flat purchased by the respondents and transferred the project to another company, prompting a consumer complaint under the Consumer Protection Act, 1986. The National Consumer Disputes Redressal Commission (NCDRC) held that the develo…

The appellant, Joseph John Peter Sandy, sought a decree of rectification of a 1981 settlement deed that had transferred a house to his sister, Veronica Thomas Rajkumar, alleging a mistake and that the parties intended to exchange the properties. The sister contested, claiming the alleged agreement of 1 June 1982 was fo…

The Supreme Court examined a contract where the plaintiff advanced Rs 75,000 to a claimant of Nawab Salar Jung’s estate in return for a one‑anna share of the proceeds, with the understanding that the plaintiff would use his influence over government ministers to secure the claimant’s recognition as heir. The trial and …

The Collector of Kanpur appointed a receiver over Swadeshi Cotton Mills Ltd. and ordered the seizure, attachment and pledge of its 10 lakh shares in Swadeshi Polytex Ltd. The Cotton Mills Company, together with four other shareholders, requisitioned an extraordinary general meeting of Polytex under s.169 of the Compani…

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 voluntarily left her parents…

Banwari Lal filed a suit which was dismissed by the Subordinate Judge on the basis of a petition of compromise filed on his behalf. Banwari Lal later alleged that the petition was fraudulent, unsigned by the respondent and filed through a colluding advocate. The Subordinate Judge, after finding the compromise unlawful,…

The landlords and tenants jointly obtained permission for a five‑year limited tenancy under Section 21 of the Delhi Rent Control Act, 1958. After the tenancy expired, the landlords sought possession, but the tenants argued that a prior tenancy already existed and that the permission was obtained by fraud, rendering it …

The case concerned the transfer of 236 non‑executive employees recruited by NTPC for the BALCO Captive Power Plant (BCPP) to BALCO after BALCO was disinvested and became a private concern. The employees argued that they were appointed by NTPC, not BALCO, and that the 1990 NTPC‑BALCO agreement and the clause 14 in their…

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 incapable of free c…

Mohinder Kaur, predecessor‑in‑interest of the appellants, agreed to sell agricultural land to Bahadur Singh, predecessor‑in‑interest of the respondents, for Rs.5,605 with Rs.1,000 paid as earnest money. Possession was handed over to the buyer, and the agreement stipulated that if the pending litigation on the title was…

The Jawaharlal Nehru Port Trust (JNPT) issued a Request for Qualification and a Request for Proposal for a container terminal project. A consortium comprising PSA Mumbai Investments and another company qualified, received a Letter of Award (LOA) which was later withdrawn after the second member exited the bid. JNPT cla…

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, also striking a compe…

Indu Engineering & Textiles Ltd. supplied hard coke to the Delhi Development Authority (DDA) under a contract containing a price‑escalation clause. The clause was later modified to apply only when there was a statutory increase in price. DDA refused to pay the escalated price for hard coke, leading to arbitration. The …

The plaintiff filed a suit for settlement of accounts against the defendant and applied for a Chartered Accountant to be appointed as a panch/commissioner to audit the accounts. The trial court appointed the CA, who submitted a report indicating amounts due, and treated the appointment as an arbitration reference under…

South East Asia Marine Engineering & Constructions Ltd (SEAMEC) was awarded a fixed‑price work order for well drilling by Oil India Ltd. During performance, the price of high‑speed diesel (HSD) rose following a government circular. SEAMEC claimed that the increase fell within Clause 23 – a ‘change in law’ clause – and …

The Supreme Court examined appeals by power generators challenging the Central Electricity Regulatory Commission’s (CERC) refusal to grant compensatory tariff after a rise in Indonesian coal prices. The Court clarified that CERC’s authority to adopt or determine tariffs under Section 63 is derived from its general regu…

The widowed appellant Sona Bala Bora and her children claimed that their father‑in‑law Bhogirath Bora, who had sold three bungalows to the respondent Jyotirindra Bhatachary, was of unsound mind when he executed the sale deed and that a prior criminal‑case compromise required him to gift one bungalow to the first appell…

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 civil suit and an app…

The Supreme Court considered two appeals by suppliers of aluminium conductors against the Assam State Electricity Board concerning claims for interest on delayed payments under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993. The Court held that a suit seeking only intere…

The appellant, Mukul Sharma, entered into a sale deed with Orion India for a specified built‑up area of a building. A dispute arose over whether the term "built‑up area" included common areas such as lifts, corridors and lobbies. Initially the plaintiff understood it to include common areas, but later raised a dispute …

Denel (Proprietary) Ltd., a South African government-owned company, supplied electronic equipment to Bharat Electronics Ltd., a Government of India enterprise, under several purchase orders. After delivering the goods, Denel demanded payment of GBP 34,894.75, but Bharat Electronics refused, citing a Ministry of Defence…

The petitioners, Artificer Apprentices in the Indian Navy, were initially engaged for 15 years and exercised an option to re‑engage for a further four years before their original term expired. After the re‑engagement was approved, they sought to withdraw their consent and be released, claiming they had been misled abou…

The Life Insurance Corporation (LIC) introduced a low‑premium term insurance policy (Table 58) but limited its availability to persons employed in government, semi‑government or reputed commercial firms. Several applicants were denied coverage and challenged the restriction as arbitrary and violative of Articles 14, 19…

The wife, a Christian from the Khasi tribe and an Indian Foreign Service officer, married a Sikh husband under the Indian Christian Marriage Act, 1872. She filed a petition under the Indian Divorce Act, 1869 seeking a declaration of nullity or judicial separation on the ground of her husband's impotence. The Delhi High…

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 forfeited the 25% dep…

Garware Wall Ropes Ltd. entered into a sub‑contract with Coastal Marine Constructions & Engineering Ltd. that contained an arbitration clause but the sub‑contract was not stamped. When the respondent filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator, the Bo…

The Andhra Pradesh Industrial Infrastructure Corporation (APIC) allotted industrial plots to transport entrepreneurs with a condition that units be established within two years, failure of which would lead to cancellation. The parties later executed sale deeds transferring absolute marketable title to the respondents a…

Syndicate Bank extended various credit facilities to Gadag Forge Fits (India) Pvt Ltd. The company’s directors executed personal continuing guarantees payable on demand. When the company’s accounts became dormant in mid‑1986, the Bank sent a demand letter on 12 Oct 1987 and a formal notice on 17 Dec 1987, to which the …

The importer C.L. Jain Woolen Mills brought polyester filament yarn from Korea, which was seized by customs under Section 111(d) of the Customs Act, 1962. The High Court quashed the seizure and ordered release of the goods without demurrage, a decision that became final after the Revenue's special leave petition was di…

The assessee paid Uttar Pradesh sales tax on forward contracts that were later held ultra vires by the Supreme Court in Sales Tax Officer, Pilibhit v. Budh Prakash Jai Prakash. After the decision, the assessee sought refund of the tax, but the Sales Tax Officer rejected the claim on the ground of limitation under Artic…

The appellant, an occupant of two plots of land, had earlier contracted to purchase the land from the former Girasdar, whose agreement required the Girasdar to obtain permission to convert the agricultural land into a village site before a sale deed could be executed. The appellant later entered into a second agreement…

The appellant, Sita Ram Gupta, had executed a guarantee with Punjab National Bank for loans advanced to certain borrowers. The guarantee expressly stated it was a "continuing guarantee" that would remain in force for all subsequent transactions, irrespective of the account status. Gupta later sent a letter revoking the…

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 the Finance Act, 199…

The appellant, a contractor, entered into a contract with the State of Madhya Pradesh to construct a hostel, but the contract was rescinded by the State alleging insufficient progress. The appellant sued for the contract price of Rs 32,000 and claimed Rs 20,000 as damages for loss of profit. The trial court decreed the…

The appellant, a financial institution, obtained a decree against the respondents for a sum of Rs 5,25,451.07 plus interest, costs and future interest, payable in monthly instalments. The respondents paid instalments but claimed the payments were to be applied only to the principal, not to interest or costs. The execut…

The appellants (legal heirs of Krishan Lal) had purchased a 5/16 share of land from respondents 2‑6 for Rs 90,000, took possession and built three shops. Respondents 2‑6 later executed a gift deed in favour of respondent 1 (defendant 6), which the trial court declared void and granted specific performance to the appell…

The appellant, an independent contractor, entered into an item‑rate construction contract with the State of Kerala and claimed Rs. 2,00,000 for work done, paying court‑fee on that amount. The trial court decreed the suit for the claimed sum, finding the State had breached the contract by delaying material supply, level…

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 existing policy on …

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 were delayed by more th…

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 insurer liable for defic…

Muni Lal insured his truck with Oriental Fire and General Insurance Company and lost it in October 1983 due to the driver’s misfeasance. He filed a suit in 1986 seeking only a declaration that he was entitled to the insured amount, omitting any claim for monetary compensation. The trial court dismissed the suit for lac…

The plaintiff (respondent No. I) entered into a genuine sale agreement on 18‑01‑1983 with defendants Nos.1‑5 for a house, paying Rs.1,000 as advance. Instead of executing the sale deed, the defendants sold the same house to defendant No.6 on 09‑02‑1983, relying on a purported earlier agreement dated 04‑01‑1983, which t…

The petitioners, Jaipur Zila Dugdh Utpadak Sahkari Sangh Ltd. and others, entered into a distributorship agreement with the respondent, M/s Ajay Sales & Suppliers, which contained an arbitration clause appointing the Sangh's Chairman as sole arbitrator. The respondent later approached the High Court under Section 11 of…

The Steel Authority of India Ltd. (SAIL) appealed a 1993 arbitration award that granted damages to Gupta Brother Steel Tubes Ltd. for alleged breaches of a supply scheme. SAIL contended that the arbitrator exceeded his jurisdiction by applying Clause 7.2, which provides for liquidated damages, to a refusal to supply, a…

The appellants claimed possession of a property based on a registered deed of settlement allegedly executed by an elderly, paralytic executor on 11 July 1970. The respondents filed a suit for declaration and permanent injunction, alleging the executor was over 100 years old, physically and mentally unfit, and that the …

Gujarat Urja Vikas Nigam Ltd. (GUVNL) appealed against the Appellate Tribunal for Electricity’s order that Essar Power Ltd. (EPL) had no contractual duty to declare its generating capacity on a 300 MW : 215 MW (58 % : 42 %) basis. The Supreme Court examined the Power Purchase Agreement (PPA) and held that the agreement…

The appellants purchased lands in 1962‑64 from original grantees who had received the parcels under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. The Act prohibits alienation of such lands for a specified period, rendering the sales voidable. The State initiat…

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 dealer later attempt…

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 Hariramani and his partn…

Centrotrade Minerals & Metal Inc. and Hindustan Copper Ltd. entered into a contract containing a clause that provided for arbitration in India and, if either party was dissatisfied, a second arbitration in London whose award would be binding. The Indian arbitrator issued a NIL award, after which Centrotrade invoked the…

Garware Polyester Ltd., after incurring massive losses, sought a restructuring scheme under Section 391 of the Companies Act, 1956, which was approved by the majority of its debenture holders. The Administrator of the Specified Undertaking of the Unit Trust of India (UTI) challenged the scheme, arguing that clause 7.5 …

The appellants, leasing companies, entered into master lease agreements for equipment and were taxed by several states on the transfer of the right to use the goods. The states relied on explanations in their sales tax statutes that deemed the taxable event to occur where the goods were used, irrespective of where the …

Bharathi Knitting Co. contracted DHL Worldwide Express to transport a cover containing export documents, which failed to reach the consignee in time, causing the buyer to pay a reduced amount and the appellant to claim a loss of Rs.4,29,392.60. The courier’s consignment note contained a limitation clause restricting li…

The Superintendence Company employed the respondent as its New Delhi branch manager and inserted a clause prohibiting him from joining a competitor or starting a similar business for two years after he "leaves" the company. The company terminated his employment and he started a competing business. The company sued for …

Indian Oil Corporation invited applications for a dealership and prepared a selection panel that initially included Shiv Kant Yadav. Other candidates complained that Yadav had not fully disclosed his income in the application. An enquiry found that Yadav’s actual income exceeded the amount he declared, violating an und…

The State of Kerala appealed a judgment that had awarded damages to contractor M.A. Mathai for alleged delay in completing work. The contractor claimed that extensions and supplemental agreements were obtained under coercion and that, lacking an escalation clause, he was entitled to damages. The trial court and Kerala …

M/S. Sahakari Khano Udyog Mandal Ltd., a sugar manufacturer, claimed a refund of excise duty on excess sugar production under Notification No. 257/76 and Notification No. 108/78. The claim was filed after the six‑month period prescribed by Section 11B of the Central Excise and Salt Act, 1944, and the factory had not so…

The appellants challenged a writ petition that had been disposed of by a single High Court judge on the basis of a purported compromise memo signed only by the respondents. The appellants asserted that they never signed the memo and that the disposal was therefore erroneous. The Division Bench of the High Court refused…

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 filed a suit in 2018 see…

The U.P. Rajkiya Nirman Nigam Ltd (appellant) and Indure Pvt Ltd (respondent) were negotiating a joint tender for the U.P. State Electricity Board. The appellant sent a draft agreement which it did not sign; the respondent returned a counter‑proposal deleting clause 10 and materially altering clause 12. No consensus ad…

M/s. Kailash Nath Associates, the highest bidder in a Delhi Development Authority (ODA) public auction, deposited 25% earnest money (Rs 78 lakhs) and was later asked to pay the balance 75% with interest. ODA extended the payment deadline twice, but eventually cancelled the allotment and forfeited the earnest money, cit…

B.P.L. Ltd., facing severe financial distress, sought approval of a scheme of arrangement under Section 391 of the Companies Act, 1956. Infrastructure Leasing & Financial Services Ltd. (the appellant) was a secured creditor with a hypothecation charge registered against B.P.L. but later argued that a consent arbitratio…

The dispute concerned the commercial operation date (COD) of Unit‑3 of the Sasan Ultra Mega Power Project under a Power Purchase Agreement (PPA) dated 7‑8‑2007. The procurers alleged that the generator had not met the PPA’s requirement of operating at least 95% of the contracted capacity for 72 consecutive hours, and t…