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Indian Contract Act, 1872

577 judgments · newest first · showing 201–400

WG CDR. ASHWINI KUMAR HANDA (RETD.)versusUNION OF INDIA & ORS.

2018 INSC 88Dismissed

Wing Commander Ashwini Kumar Handa, after being granted a two‑year study leave under Army Instructions 13/78, gave a Service Guarantee Certificate to serve nine years from his return. He served only 6 years 8 months before taking premature retirement on health grounds, and the government deducted …

B. SUNITHAversusTHE STATE OF TELENGANA & ANR.

2017 INSC 1175Disposed off

The appellant, B. Sunitha, issued a cheque to the respondent advocate for legal fees, which the advocate later claimed were 16% of the compensation awarded by a Motor Accident Claims Tribunal. The cheque was dishonoured and the advocate filed a complaint under Section 138 of the Negotiable …

VENTURE GLOBAL ENGINEERING LLCversusTECH MAHINDRA LTD. & ANOTHER ETC.

2017 INSC 1069Matter referred to larger bench

Venture Global Engineering (Venture) and Tech Mahindra (formerly Satyam) entered into a joint‑venture agreement under which each held 50% of a JV company. An arbitration under the London Court of International Arbitration awarded the shares of Venture to Satyam, finding Venture in default. After the …

SURESH KUMAR WADHWAversusSTATE OF M.P. & ORS.

2017 INSC 1052Appeal(s) allowed

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

SECURITIES AND EXCHANGE BOARD OF INDIAversusSHRI KANAIYALAL BALDEVBHAI PATEL

2017 INSC 963Disposed off

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

CHRISOMAR CORPORATIONversusMJR STEELS PRIVATE LIMITED & ANR.

2017 INSC 905Appeal(s) allowed

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. …

ASSAM STATE ELECTRICITY BOARD AND ORS.versusBUILDWORTH PVT. LTD.

2017 INSC 587Disposed off

The Supreme Court examined an arbitral award granting Buildworth Pvt. Ltd. price‑escalation, idling‑charges and interest against Assam State Electricity Board. The Board argued that the award exceeded the contractual ceiling for escalation, ignored the claimant’s contributory delay, and that …

KANCHAN UDYOG LIMITEDversusUNITED SPIRITS LIMITED

2017 INSC 480Dismissed

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

SRI SRINIVASAIAHversusH. R. CHANNABASAPPA (SINCE DEAD) BY HIS LRS. AND ORS.

2017 INSC 396Disposed off

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

ENERGY WATCHDOGversusCENTRAL ELECTRICITY REGULATORY COMMISSION AND ORS. ETC.

2017 INSC 338Disposed off

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 …

M/S. RASIKLAL KANTILAL & CO.versusBOARD OF TRUSTEE OF PORT OF BOMBAY & OTHERS

2017 INSC 189Case Partly allowed

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

ALL INDIA POWER ENGINEER FEDERATION & ORS.versusSASAN POWER LTD. & ORS. ETC.

2016 INSC 1114Appeal(s) allowed

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 …

SATYA PAL ANANDversusSTATE OF M.P. & ORS.

2016 INSC 988Dismissed

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

UNION OF INDIA & ANR.versusM/S INDUSIND BANK LTD. & ANR.

2016 INSC 869Dismissed

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 …

MADHYA PRADESH STATE ROAD TRANSPORT CORPORATIONversusMANOJ KUMAR & ANR.

2016 INSC 625Disposed off

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

SASAN POWER LIMITEDversusNORTH AMERICAN COAL CORPORATION INDIA PRIVATE LIMITED

2016 INSC 1196Dismissed

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

VIRENDER KHULLARversusAMERICAN CONSOLIDATION SERVICES LTD. & ORS.

2016 INSC 600Dismissed

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 …

GUJARAT URJA VIKAS NIGAM LTD.versusESSAR POWER LIMITED

2016 INSC 587Appeal(s) allowed

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 …

DELHI DEVELOPMENT AUTHORITYversusKENNETH BUILDERS & DEVELOPERS LTD. & ORS.

2016 INSC 458Dismissed

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

MUKUL SHARMAversusORION INDIA (P) LTD. THROUGH ITS MANAGING DIRECTOR

2016 INSC 400Appeal(s) allowed

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 …

AXIS BANKversusSBS ORGANICS PRIVATE LIMITED AND ANOTHER

2016 INSC 334Dismissed

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

VENNANGOT ANURADHA SAMIRversusVENNANGOT MOHANDAS SAMIR

2015 INSC 884Appeal(s) allowed

The husband filed a petition for divorce on the ground of cruelty and sought transfer of the case from Bombay to Hyderabad. The parties entered into a settlement agreement where the husband promised to pay Rs.12.5 lakh as full and final alimony at the time of a mutual consent divorce decree. The …

INDIAN OIL CORPORATION LTD.versusNILOFER SIDDIQUI & ORS.

2015 INSC 875Dismissed

The Supreme Court examined a dispute where Indian Oil Corporation Ltd (IOCL) terminated the LPG distributorship granted to ex‑servicemen respondents under a letter of allotment that referred to a "standard agreement" which was never supplied or executed. The Court held that, because the standard …

STATE OF GUJARATversusM/S KOTHARI AND ASSOCIATES

2015 INSC 788Appeal(s) allowed

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 …

STATE BANK OF HYDERABADversusRABO BANK

2015 INSC 724Appeal(s) allowed

The plaintiff, RABO Bank, sued State Bank of Hyderabad (SBH) in a summary suit under Order 37 of the CPC, claiming payment on several Bills of Exchange that SBH had allegedly accepted via telex/fax messages. SBH denied liability, asserting that the co‑acceptances were unauthorized, that the Bills …

THE COMMITTEE-GFILversusLIBRA BUILDTECH PRIVATE LTD. & ORS.

2015 INSC 718Case Allowed

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

COMMISSIONER OF CENTRAL EXCISE, TIRUCHIRAPALLIversusM/S. DALMIA CEMENT(BHARAT) LTD.

2015 INSC 627Dismissed

The appellant, Commissioner of Central Excise, sought to enforce a refund order dated 06‑06‑1989 in favour of M/s Dalmiacement (Bharat) Ltd. The refund had not been paid, leading to contempt proceedings and a High Court order directing the Assistant Commissioner to examine the claim under the …

STATE OF KERALA & ORS.versusM.K.JOSE

2015 INSC 576Appeal(s) allowed

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 …

NANDKISHORE LALBHAI MEHTAversusNEW ERA FABRICS PVT. LTD. & ORS.

2015 INSC 490Dismissed

The appellant, Nandkishore Lalbhai Mehta, entered into a sale agreement with the respondents for a plot in Mahim, subject to obtaining consent from the Mill Mazdoor Sabha (labour union) and various statutory permissions. The union refused consent, and the respondents declared the agreement cancelled …

BHARTI AIRTEL LTD.versusUNION OF INDIA

2015 INSC 418Dismissed

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 …

CENTRAL BANK OF INDIAversusC. L. VIMLA & ORS.

2015 INSC 363Appeal(s) allowed

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

PADMAKUMARI & ORS.versusDASAYYAN &ORS.

2015 INSC 288Appeal(s) allowed

The plaintiff, Padmakumari & ors., entered into an unregistered agreement to purchase 2.08 acres of land from defendants 1‑11, agreeing to pay the balance consideration of Rs 63,000 within nine months. The plaintiff failed to make this payment within the stipulated period, while defendants 12‑15 …

NATIONAL THERMAL POWER CORPORATION LTD.versusM/S. ASHOK KUMAR SINGH & ORS.

2015 INSC 116Appeal(s) allowed

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 …

M/S. CONSTRUCTION & DESIGN SERVICESversusDELHI DEVELOPMENT AUTHORITY

2015 INSC 92Disposed off

The Delhi Development Authority (DOA) awarded a construction contract to M/s Construction & Design Services for a sewerage pumping station, with Clause 2 stipulating liquidated damages of up to 10% of the estimated cost for delay. The contractor failed to complete the work, the contract was …

BCCIversusCRICKET ASSOCIATION OF BIHAR & ORS.

2015 INSC 64Disposed off

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

M/S. KAILASH NATH ASSOCIATESversusDELHI DEVELOPMENT AUTHORITY & ANR.

2015 INSC 22Appeal(s) allowed

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 …

INFRASTRUCTURE LEASING & FINANCIAL SERVICES LIMITEDversusB.P.L. LIMITED

2015 INSC 19Dismissed

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 …

R. RAJANNAversusS.R. VENKATASWAMY & ORS.

2014 INSC 796Appeal(s) allowed

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

SWAN GOLD MINING LTD.versusHINDUSTAN COPPER LTD.

2014 INSC 661Dismissed

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

STATE BANK OF PATIALAversusPRITAM SINGH BEDI & ORS.

2014 INSC 472Dismissed

A group of State Bank of Patiala employees who retired under the Bank's Voluntary Retirement Scheme in 2000 had completed more than 19 years and six months of service but less than 20 years. The Bank refused to grant them pension under the State Bank of Patiala (Employees) Pension Regulations, 1995, …

RAM KARAN (DEAD) THROUGH LRS. & ORS.versusSTATE OF RAJASTHAN AND ORS.

2014 INSC 433Appeal(s) allowed

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

MATHAI MATHAIversusJOSEPH MARY @ MARYKKUTIY JOSEPH & ORS.

2014 INSC 326Dismissed

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

SRI RAM BUILDERSversusSTATE OF M.P. & ORS.

2014 INSC 343Dismissed

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

METRO EXPORTERS PVT. LTD. AND ANOTHERversusSTATE BANK OF INDIA & ORS.

2014 INSC 964Appeal(s) allowed

Metro Exporters exported steel coils and, based on a SWIFT message, received a credit of US$199,959.74 in its EEFC account in November 2006. The credit was later discovered to be a mistake, as the funds were intended for the Bank of India and had been recalled by Bank of America, with the amount …

T.N. GENERATION & DISTBN. CORPN. LTD.versusPPN POWER GEN. CO. PVT. LTD.

2014 INSC 248Dismissed

The appellant, a power distribution company, entered into a Power Purchase Agreement (PPA) with the respondent, a power generator, and disputed accounting details and rebate claims arising from monthly invoices. The dispute was taken before the Tamil Nadu Electricity Regulatory Commission (State …

MAYA DEVIversusLALTA PRASAD

2014 INSC 116Appeal(s) allowed

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

ENERCON (INDIA) LTD. & ORS.versusENERCON GMBH & ANR.

2014 INSC 100Disposed off

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 …

WORLD SPORT GROUP (MAURITIUS) LTD.versusMSM SATELLITE (SINGAPORE) PTE. LTD.

2014 INSC 50Appeal(s) allowed

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

MARYversusSTATE OF KERALA AND ORS,

2013 INSC 710Dismissed

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

L.S. SIKANDAR (D) BY LRS. & ORS.versusK. SUBRAMANI & ORS.

2013 INSC 577

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

M/S. SWASTIK GASES P. LTD.versusINDIAN OIL CORP. LTD.

2013 INSC 422Dismissed

Swastik Gases Pvt. Ltd. entered into a consignment agency agreement with Indian Oil Corp. that contained a clause stating the agreement was subject to the jurisdiction of the courts at Kolkata. When a dispute arose, Swastik filed an application under Section 11 of the Arbitration and Conciliation …

SWISS TIMING LIMITEDversusORGANISING COMMITTEE, COMMONWEALTH GAMES 2010 DELHI

2013 INSC 362Case Allowed

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

U.P. AVAS EVAM VIKAS PARISHAD & ORS.versusOM PRAKASH SHARMA

2013 INSC 271Appeal(s) allowed

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 …

NAGENDRAPPA NATIKARversusNEELAMMA

2013 INSC 168Dismissed

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 …

JOSEPH JOHN PETER SANDYversusVERONICA THOMAS RAJKUMAR & ANR

2013 INSC 156Dismissed

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 …

M/S. A.S. MOTORS PVT. LTD.versusUNION OF INDIA AND ORS.

2013 INSC 117Dismissed

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

BALMER LAWRIE & CO. LTD. & ORS.versusPARTHA SARATHI SEN ROY & ORS.

2013 INSC 112Disposed off

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

GHULAM NABI DAR & ORS.versusSTATE OF J&K & ORS.

2013 INSC 2Disposed off

The appellants, long-time occupants of certain lands, challenged a 1980 notification under Section 6 of the Jammu and Kashmir State Evacuees' (Administration of Property) Act, 2006 that declared the lands evacuee property vested in the Custodian. They claimed to be protected tenants‑at‑will existing …

RAM KISHUN AND ORS.versusSTATE OF U.P. AND ORS.

2012 INSC 247Dismissed

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

UNITED INDIA INSURANCE CO. LTD.versusLAXMAMMA & ORS.

2012 INSC 175Dismissed

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 …

BANGALORE CITY COOPERATIVE HOUSING SOCIETY LTD.versusSTATE OF KARNATAKA AND OTHERS

2012 INSC 69Dismissed

The Bangalore City Cooperative Housing Society sought acquisition of 207 acres of land for a housing scheme, entering into an agreement with the State Government and an estate agent who was paid over Rs 5 crores to secure the acquisition. The High Court quashed the acquisition, holding that no …

M/S H.D.F.C.versusGAUTAM KUMAR NAG & ORS.

2012 INSC 48

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

A.V.M. SALES CORPORATIONversusM/S. ANURADHA CHEMICALS PVT. LTD.

2012 INSC 35Case Allowed

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 …

SURESH DHANUKAversusSUNLTA MOHAPATRA

2011 INSC 831Appeal(s) allowed

The appellant, Suresh Dhanuka, and respondent, Sunita Mahapatra, entered into a joint‑venture and a deed of assignment whereby the respondent assigned 50% of her rights in the trademark "Naturoma Herbal" to the appellant, with a covenant that the mark be marketed solely by the appellant and that …

UNION OF INDIAversusCOL. L.S.N. MURTHY & ANR.

2011 INSC 818Appeal(s) allowed

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

LEELA HOTELS LTD.versusHOUSING & URBAN DEVELOPMENT CORPORATION LTD.

2011 INSC 800Appeal(s) allowed

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 …

PHULCHAND EXPORTS LTDversusO.O.O. PATRIOT

2011 INSC 753Dismissed

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 …

THE NATIONAL TEXTILE CORPORATION LTD.versusNARESHKUMAR BADRIKUMAR JAGAD & ORS.

2011 INSC 651Dismissed

The National Textile Corporation Ltd. (NTC) occupied premises that were originally leased to Poddar Mills, a textile undertaking taken over by the Central Government under the Textile Undertakings (Nationalisation) Act, 1995. The owners of the premises filed an eviction suit under the Maharashtra …

RAMESH KUMAR & ANR.versusFURU RAM & ANR. ETC.

2011 INSC 593Appeal(s) allowed

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 …

STATE OF HARYANA & ORS.versusM/S MALIK TRADERS

2011 INSC 588Appeal(s) allowed

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 …

MIS. CITADEL FINE PHARMACEUTICALSversusMIS. RAMANIYAM REAL ESTATES P. LTD. & ANR.

2011 INSC 549Disposed off

Citadel Fine Pharmaceuticals (vendor) and Ramaniyam Real Estates (buyer) entered into a sale agreement for 66 cents of land, of which 19 cents were declared excess under the Tamil Nadu Urban Land Ceiling Act. The contract made time of the essence, requiring the buyer to obtain clearance from the …

BAKSHI DEV RAJ & ANR.versusSUDHIR KUMAR

2011 INSC 545Dismissed

The appellants Bakshi Dev Raj & Anr. challenged a decree modified by the High Court in a second appeal, alleging that their counsel settled the matter without a written agreement and that the subsequent review petition was barred because their Special Leave Petition (SLP) had been dismissed as …

SHEHAMMALversusHASAN KHANI RAWTHER AND ORS.

2011 INSC 533Dismissed

The case concerned the intestate estate of Meeralava Rawther, a Muslim who had executed deeds of relinquishment with five of his children (excluding his youngest son, Hassan) in exchange for consideration. After his death, Hassan claimed an oral gift of the entire property, while the other children …

DELHI DEVELOPMENT AUTHORITYversusS.S. AGGARWAL & ORS.

2011 INSC 540Disposed off

The Delhi Development Authority (DDA) sought compensation for land acquired under the Land Acquisition Act, 1894, while the original landowners had filed claims for Rs.4,000 per square yard. During the proceedings the landowners executed assignment deeds transferring their compensation rights to …

SHIPPING CORPORATION OF INDIA LTD.versusMARE SHIPPING INC.

2011 INSC 490Dismissed

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 …

ITC LTD.versusSTATE OF UTTAR PRADESH & ORS.

2011 INSC 458Disposed off

The Supreme Court examined the cancellation of leases and allotments of commercial plots in Noida granted to hotel developers under the Uttar Pradesh Urban Planning and Development Act, 1973 and the Uttar Pradesh Industrial Area Development Act, 1976. It held that a lease governed by a statute can …

MRS. SARADAMANI KANDAPPANversusMRS. S. RAJALAKSHMI & ORS.

2011 INSC 446Disposed off

The appellant entered into an agreement of sale for immovable property, paying an advance and agreeing to pay the balance in three instalments, with clause 6 expressly making timely payment the essence of the contract. The respondents cancelled the agreement when the appellant failed to pay the …

DEB RATAN BISWAS AND ORS.versusMOST. ANAND MOYI DEVI AND ORS.

2011 INSC 300Appeal(s) allowed

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 …

BHARAT PETROLEUM CORPORATION LTD.versusCHEMBUR SERVICE STATION

2011 INSC 174Matter referred to larger bench

Bharat Petroleum Corporation Ltd (BPCL) entered into a Dispensing Pump and Selling Licence (DPSL) agreement with Chembur Service Station, appointing it as a dealer to sell BPCL's petroleum products. After a surprise inspection revealed alleged manipulation of a dispensing unit, BPCL issued a …

B.S.N.LversusRELIANCE COMMUNICATION LTD.

2010 INSC 827Appeal(s) allowed

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

ALVA ALUMINIUM LTD. BANGKOKversusGABRIEL INDIA LIMITED

2010 INSC 784Case Allowed

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 …

ZONAL MANAGER, CENTRAL BANK OF INDIAversusM/S. DEVI ISPAT LTD. & ORS.

2010 INSC 462Dismissed

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

S.P. GUPTAversusASHUTOSH GUPTA

2010 INSC 322Dismissed

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 …

DENEL (PROPRIETARY LIMITED)versusBHARAT ELECTRONICS LTD. & ANR.

2010 INSC 304Case Allowed

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 …

INCABLE NET (ANDHRA) LIMITED & ORS.versusAP AKSH BROADBAND LTD. & ORS.

2010 INSC 292Dismissed

The petitioners, minority shareholders of a joint venture company (APAKSH Broadband Ltd.), alleged that the majority shareholder, which was also the EPC contractor, mismanaged funds and oppressed them, seeking winding up under Sections 397, 398, 402 and 403 of the Companies Act, 1956. The Company …

THE MANAGING DIRECTOR, HASSAN CO-OPERATIVE MILK PRODUCERS SOCIETY UNION LIMITEDversusTHE ASSISTANT REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION

2010 INSC 243Appeal(s) allowed

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

SHANTI BUDHIYA VESTA PATEL AND ORS.versusNIRMALA JAYPRAKASH TIWARI AND ORS.

2010 INSC 229Dismissed

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

M/S. DILAWARI EXPORTERSversusM/S. ALITALIA CARGO & ORS.

2010 INSC 218Appeal(s) allowed

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 …

NEW INDIA ASSURANCE CO. LTD.versusRAGHUVIR SINGH NARANG & ANR.

2010 INSC 122Appeal(s) allowed

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

ECONOMIC TRANSPORT ORGANIZATIONversusM/S. CHARAN SPINNING MILLS (P) LTD. AND ANR

2010 INSC 103Dismissed

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 …

S. NAGARAJ (DEAD) BY LRS. & ORS.versusB.R. VASUDEVA MURTHY & ORS. ETC. ETC.

2010 INSC 88Disposed off

The Supreme Court examined a dispute arising from the Mysore Inam Abolition Act, 1954, where two inamdars applied for occupancy registration of land that the State had meanwhile granted to a teachers' association (Sangha) for house sites. The inamdars settled their suit with the Sangha, withdrew …

TRIMEX INTERNATIONAL FZE LTD. DUBAIversusVEDANTA ALUMINIUM LIMITED, INDIA

2010 INSC 57Case Allowed

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

H.R. BASAVARAJ (DEAD) BY HIS L. R. S & ANR.versusCANARA BANK & ORS.

2009 INSC 1205Appeal(s) allowed

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

STEEL AUTHORITY OF INDIA LTD.versusGUPTA BROTHER STEEL TUBES LTD.

2009 INSC 1121Dismissed

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 …

MD. IBRAHIM & ORS.versusSTATE OF BIHAR & ANR.

2009 INSC 1110Case Partly allowed

The complainant MD Ibrahim alleged that his land was sold by the first accused to the second accused and that the witness, scribe and stamp vendor colluded to forge the sale deeds, also assaulting him when confronted. The trial court framed charges under IPC sections 420, 467, 471, 504, 323 and 341 …

NARINDER KUMAR MALIKversusSURINDER KUMAR MALIK

2009 INSC 1013Appeal(s) allowed

The brothers Narinder Kumar Malik and Surinder Kumar Malik were parties to a partition suit concerning a jointly owned industrial plot. While the suit was pending, they executed a Memorandum of Understanding (MOU) on 9 February 2005 whereby Narinder agreed to sell his 50% share to Surinder for Rs. …

STATE OF MAHARASHTRA & ORS.versusSWANSTONE MULTIPLEX CINEMA (P) LTD

2009 INSC 948Appeal(s) allowed

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

M/S. SHAKTI TUBES LTD.versusSTATE OF BIHAR & ORS.

2009 INSC 885Dismissed

Mis. Shakti Tubes Ltd., a small‑scale supplier, entered into a 1992 supply order with the State of Bihar for pipes. The state withheld Rs 38,13,480, prompting the supplier to sue for the amount with compound interest at 24% per annum. The trial court awarded the compound interest; the Patna High …

PRANAB KUMAR PALversusM/S. LIZ. INVESTMENT PVT. LTD. AND ORS.

2009 INSC 559Disposed off

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

STATE OF ORISSA AND ORS.versusHARAPRIYA BISOI

2009 INSC 560Appeal(s) allowed

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

G. RAMACHANDRA REDDY & CO.versusUNION OF INDIA & ANR.

2009 INSC 528Disposed off

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, …

BANK OF INDIA & ANR.versusK. MOHANDAS & ORS.

2009 INSC 417Dismissed

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

BELLACHI (DEAD) BY LRversusPAKEERAN

2009 INSC 388Dismissed

Bellachi, a deceased woman represented by her legal heir, filed a suit challenging a sale deed executed in favour of her younger brother, alleging misrepresentation, undue influence, fraud and collusion. The trial court dismissed the suit for lack of specific pleadings under Order VI Rule 4 CPC and …

S.K. JAIN.versusSTATE OF HARYANA AND ANR.

2009 INSC 233Dismissed

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

COMMNR. OF CUSTOMS (PREVENTIVE)versusM/S AAFLOAT TEXTILES (I) PVT.LTD. AND ORS.

2009 INSC 194Appeal(s) allowed

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 …

JHARU RAM ROYversusRAMJIT ROY AND ORS.

2009 INSC 32Dismissed

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 …

G. JAYASHREE & ORS.versusBHAGWANDAS S. PATEL & ORS.

2008 INSC 1501Dismissed

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

H.P. STATE FOREST COMPANY LTD.versusM/S. UNITED INDIA INSURANCE CO. LTD.

2008 INSC 1468Dismissed

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

M/S. P. MANOHAR REDDY & BROS.versusMAHARASHTRA KRISHNA VALLEY DEV. CORPN. & ORS.

2008 INSC 1482Dismissed

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

ALOKA BOSEversusPARMATMA DEVI & ORS.

2008 INSC 1458Dismissed

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 …

DEEPA BHARGAVA & ANR.versusMAHESH BHARGAVA & ORS.

2008 INSC 1443Appeal(s) allowed

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 …

UNITED INDIA INSURANCE CO. LTD.versusSANTRO DEVI & ORS.

2008 INSC 1384Dismissed

The appellant, United India Insurance Co., had issued a motor vehicle insurance policy for a truck owned by the deceased Atma Ram Sharma, with renewals effected by the bank that held a hypothecation on the vehicle. After Sharma's death in 1991, the registration was not transferred and the policy …

PREM NATH MOTORS LTD.versusANURAG MITTAL

2008 INSC 1302Appeal(s) allowed

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 …

SIEMENS PUBLIC COMMUNICATION NETWORKS PVT. LTD. & ANR.versusUNION OF INDIA & ORS.

2008 INSC 1250Dismissed

The Union of India floated a tender for Digital Radio Trunking Systems for the Army, and three bidders, including Siemens, were shortlisted. After commercial bids were opened, Siemens claimed to be the lowest bidder but alleged that the Evaluation Committee artificially inflated its price by …

BHARAT SANCHAR NIGAM LTD. & ANR.versusMOTOROLA INDIA PVT. LTD.

2008 INSC 1038Dismissed

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 …

DLF UNIVERSAL LTD.versusEKTA SETH & ANR.

2008 INSC 832Disposed off

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 …

RANGANAYAKAMMA AND ANOTHERversusK.S. PRAKASH (D) BY L.RS. AND OTHERS

2008 INSC 711Dismissed

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 …

UNITED INDIA INSURANCE COMPANY LTD.versusMANUBHAI DHARMASINHABHAI GAJERA & ORS.

2008 INSC 730Dismissed

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 …

ARJAN SINGHversusPUNIT AHLUWALIA & ORS.

2008 INSC 668Case Partly allowed

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 …

BHARAT SANCHAR NIGAM LTD. & ANR.versusBPL MOBILE CELLULAR LTD. & ORS.

2008 INSC 672Dismissed

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 …

RITESH AGARWAL AND ANR.versusSECURITIES AND EXCHANGE BOARD OF INDIA ACT AND ORS.

2008 INSC 657Case Partly allowed

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 …

THOTA LAKSHMI VENKATA BALAversusMUTTAMSETTI SEETHAMMA

2008 INSC 616Dismissed

The appellant, Thota Lakshmi Venkata Bala, executed a sale agreement on 19‑August‑1991 to sell land to the respondent, Muttamsetti Seethamma, for Rs.1.5 lakh as discharge of a loan. She later cancelled the deed, claimed only Rs.1 lakh had been received and demanded the remaining Rs.50,000 with …

NATIONAL INSURANCE CO. LTD.versusYELLAMMA & ANR.

2008 INSC 594Case Partly allowed

The insurer, National Insurance Co. Ltd., issued a cover note for a mini‑bus after receiving a third‑party cheque for the premium, but the cheque was never encashed and the cover note was cancelled. The bus met with an accident and the victim, Yellamma, claimed compensation under s.166 of the Motor …

GOVT. OF A.P. AND ORS.versusK. BRAHMANANDAM AND ORS.

2008 INSC 546Case Partly allowed

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

NATIONAL TEXTILE CORPORATION (M.P.) LTD.versusM.R. JHADAV

2008 INSC 517Case Allowed

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

STATE OF KARNATAKA AND ORS.versusM/S SRI CHAMUNDESWARI SUGAR LTD.

2008 INSC 464Case Allowed

M/s Sri Chamundeswari Sugar Ltd., a sugar manufacturer, purchased sugarcane from growers and paid the Statutory Minimum Price fixed by the Central Government together with the State Advised Price (SAP) fixed by Karnataka. The assessing authority levied purchase tax on the total amount, including …

SHRI RAMESHWAR PRASAD (D) BY LRS,versusSHRI BASANTI LAL

2008 INSC 463Disposed off

Rameshwar Prasad filed a suit for specific performance of a sale agreement, which the trial court granted. The respondent Basanti Lal appealed, and the Madhya Pradesh High Court set aside the decree, holding that the plaintiff had not pleaded or proved his readiness to pay interest, a term of the …

CHANDRAKANT SHANKARRAO MACHALEversusPARUBAI BHAIRU MOHITE

2008 INSC 349Dismissed

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 …

KARNATAKA STATE FINANCIAL CORPORATIONversusN. NARASIMAHAIAH AND ORS.

2008 INSC 353Dismissed

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 …

SITA RAM GUPTAversusPUNJAB NATIONAL BANK AND ORS.

2008 INSC 334Dismissed

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 …

M/S. EVEREST WOOLS PVT. LTD. AND ORS.versusU.P. FINANCIAL CORPORATION AND ORS.

2007 INSC 1311Appeal(s) allowed

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 …

FOOD CORPORATION OF INDIA AND ORS.versusVIKAS MAJDOOR KAMDAR SAHKARI MANDLI LTD.

2007 INSC 1135Case Partly allowed

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. …

BCPP MAZDOOR SANGH AND ANR.versusN.T.P.C. AND ORS.

2007 INSC 1037Appeal(s) allowed

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 …

NUMALIGARH REFINERY LID.versusDAELIM INDUSTRIAL COMPANY LID.

2007 INSC 896Disposed off

Numaligarh Refinery Ltd (NRL), a Government undertaking, awarded a turnkey power plant contract to Daelim Industrial Co Ltd (DIC). During execution, DIC lodged a claim of Rs 55.8 crore covering substituted material, turbo‑technical price, counter‑vailing duty, exchange‑rate fluctuation, liquidity …

UNION OF INDIAversusTATA TELESERVICES (MAHARASHTRA) LTD.

2007 INSC 857Appeal(s) allowed

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

ROZAN MIANversusTAHERA BEGUM AND ORS.

2007 INSC 830Dismissed

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 …

HIMADRI CHEMICALS INDUSTRIES LTD.versusCOAL TAR REFINING COMPANY

2007 INSC 816Dismissed

Himadri Chemicals Industries Ltd entered into a contract with Coal Tar Refining Co. for supply of extra‑hard pitch coal, with payment to be made by an irrevocable Letter of Credit (LC) opened by the appellant. The appellant’s bank found discrepancies in the documents and, after the appellant waived …

CENTRAL BANK OF INDIAversusSIRIGUPPA SUGARS & CHEMICALS LTD. & ORS.

2007 INSC 818Appeal(s) allowed

The Central Bank of India had advanced a loan to Siriguppa Sugars & Chemicals Ltd. secured by a pledge of the company's sugar stock. The company defaulted, and the Recovery Authority seized the pledged sugar without the bank's consent, leading to its sale. The High Court, pending a writ appeal, …

MR.C.GUPTAversusGLAXOSMITHKLIN PHARMACEUTICAL LIMITED

2007 INSC 666Dismissed

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

S. RATHINAM@ KUPPAMUTHU AND ORS.versusL.S. MARIAPPAN AND ORS.

2007 INSC 650Dismissed

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 …

SHIV KANT YADAVversusINDIAN OIL CORPORATION AND ORS.

2007 INSC 388Dismissed

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 …

STATE OF KERALA AND ANR.versusM.A. MATHAI

2007 INSC 393Appeal(s) allowed

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 …

FEDERAL BANK LTD. AND ORS.versusSTATE OF KERALA AND ORS.

2007 INSC 328Dismissed

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

JANARDHAN NARASIMHA NAYAKversusBALWANT VENKATESH KULKARNI AND ANR.

2007 INSC 247Appeal(s) allowed

The plaintiff (Respondent No. I) filed a suit for specific performance of a 1972 contract of sale. The trial court decreed in his favour, but the First Appellate Court dismissed the appeal. The plaintiff then filed a second appeal under Section 100 of the CPC, which the Karnataka High Court allowed, …

M/S. POPCORN ENTERTAINMENT AND ANR.versusCITY INDUSTRIAL DEVELOPMENT CORPN. AND ANR.

2007 INSC 199Disposed off

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

M/S. BHANDARI CONSTRUCTION COMPANYversusNARAYAN GOPAL UPADHYE

2007 INSC 173Appeal(s) allowed

The appellant, Bhandari Construction Company, sold an office space to the respondent, Narayan Gopal Upadhye, for Rs.7,75,000 as per a written agreement dated 27‑7‑1997. The respondent paid Rs.5,00,000 by cheque but claimed to have paid the remaining balance, including Rs.4,00,000 in cash, for which …

THIRNEEDHI CHANNAIAHversusGUDIPUDI VENKATA SUBBA RAO (D) BY LRS. & ORS.

2007 INSC 177Appeal(s) allowed

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

M/S. PURAVANKARA PROJECTS LTD.versusM/S. HOTEL VENUS INTERNATIONAL AND ORS.

2007 INSC 101Appeal(s) allowed

The Kerala government transferred land to GIDA, which invited tenders for its sale. Hotel Venus International was the successful bidder, but it insisted on obtaining an exemption under Section 81(3)(b) of the Kerala Land Reforms Act before furnishing the required bank guarantee. The exemption was …

SHREEDHAR GOVIND KAMERKARversusYESAHWANT GOVIND KAMERKAR AND ANR.

2006 INSC 994Dismissed

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 …

BHUPENDRA SINGH BHATIAversusSTATE OF M.P. AND ORS

2006 INSC 963Appeal(s) allowed

The Supreme Court considered a dispute where the State of Madhya Pradesh, under a new excise policy, purchased foreign liquor from a wholesaler, Bhupendra Singh Bhatia, at rates fixed by a district‑level purchase committee in April‑May 1996, pending a final decision by a state‑level committee. After …

SAURABH PRAKASHversusDLF UNIVERSAL LTD.

2006 INSC 912Disposed off

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

M/S. RELIANCE SALT LTD.versusM/S. COSMOS ENTERPRISES AND ANR.

2006 INSC 880Appeal(s) allowed

Reliance Salt Ltd (appellant) entered into a consignment agreement with Cosmos Enterprises (respondent No.1) which required the latter to furnish a Rs 5 lakh bank guarantee from Bank of India (respondent No.2). The consignment agent failed to settle the appellant's bills within the stipulated 30‑day …

RAYTHARA SAHAKARI BANK LTD.versusCHANDRAKALA R. DAS

2006 INSC 808Case Partly allowed

The appellant bank had given jewellery loans and the pledged gold ornaments were stolen. The bank convened a meeting of over 400 borrowers and resolved to pay the value of the stolen gold at Rs.410 per gram with no interest, a rate accepted by all borrowers except the complainant, who demanded …

M/S. B.S.N. JOSHI AND SONS LTD.versusNAIR COAL SERVICES LTD. AND ORS.

2006 INSC 750Appeal(s) allowed

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

GURPREET SINGHversusUNION OF INDIA

2006 INSC 712Reference answered

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

BEED DISTRICT CENTRAL CO-OPERATIVE BANK LTD.versusSTATE OF MAHARASHTRA AND ORS.

2006 INSC 682Appeal(s) allowed

The Bank, a co‑operative society, had a gratuity scheme offering 26 days' wages per year of service with a ceiling of Rs 2.5 million. Under the Payment of Gratuity Act, 1972 (as amended), the statutory rate is 15 days' wages with a ceiling of Rs 3.5 million. After retirement, the employees claimed …

NOBLE RESOURCES LTD.versusSTATE OF ORISSA AND ANR

2006 INSC 607

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 …

BOARD OF TRUSTEES, VISHAKHAPATNAM PORT TRUST AND ORS.versusT.S.N. RAJU AND ANR.

2006 INSC 583Appeal(s) allowed

The Vishakhapatnam Port Trust (VPT) introduced a Voluntary Retirement Scheme (VRS) under a Ministry of Surface Transport directive, allowing employees with ten years of service or age 40+ to apply. The Trust’s Chairman limited consideration to employees below 58 years, rejecting applications of two …

NATIONAL TEXTILE CORPORATION (GUJARAT)versusSTATE BANK OF INDIA AND ORS.

2006 INSC 502Appeal(s) allowed

The Supreme Court examined claims by State Bank of India and other banks for compensation under the Sick Textile Undertakings (Nationalisation) Act, 1974 after the management of a sick textile mill was taken over by an authorised controller under the Industries (Development and Regulation) Act, …

INDIAN FINANCIAL ASSN. SEVENTH PAY ADVENTISTSversusM.A. UNNEERIKUTTY AND ANR.

2006 INSC 457Dismissed

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

STATE BANK OF INDIA AND ANR.versusMULA SAHAKARI SAKHAR KARKHANA LTD.

2006 INSC 405Appeal(s) allowed

The cooperative society Mula Sahakari Sakhar Karkhana Ltd. entered into a turnkey contract for a paper plant with Pentagon Engineering, which required a 10% retention amount to be secured by a bank guarantee. State Bank of India issued a document on 4 September 1985 that purported to indemnify the …

M/S. BHAGWATI PRASAD PAWAN KUMARversusUNION OF INDIA

2006 INSC 366Dismissed

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

NATIONAL FERTILIZERS LTD. & ORS.versusSOMVIR SINGH

2006 INSC 325Appeal(s) allowed

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 …

MCDERMOTT INTERNTIONAL INC.versusBURN STANDARD CO. LTD. AND ORS.

2006 INSC 326Disposed off

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 …

PANCHANAN OHARA AND ORS.versusMONMATHA NATH MAITY (DEAD) TH. LRS. & ANR.

2006 INSC 328Dismissed

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 …

M/S. CENTROTRADE MINERALS & METAL INC.versusHINDUSTAN COPPER LTD.

2006 INSC 310Matter referred to larger bench

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 …

SYNDICATE BANKversusCHANNA VEERAPPA BELERI AND ORS.

2006 INSC 221Appeal(s) allowed

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 …

AVAS VIKAS SANSTHAN AND ANR.versusAVAS VIKAS SANSTHAN ENGINEERS ASSN. AND ORS.

2006 INSC 185Disposed off

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

KERALA SAMSTHANA CHETHU THOZHILALI UNIONversusSTATE OF KERALA AND ORS.

2006 INSC 178Appeal(s) allowed

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

PERCEPT D'MARK (INDIA) PVT. LTD.versusZAHEER KHAN

2006 INSC 161Dismissed

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

GUNWANTBHAI MULCHAND SHAH AND ORS.versusANTON ELIS FAREL AND ORS

2006 INSC 136Appeal(s) allowed

The plaintiffs, successors of a predecessor who had entered into a 1964 agreement to purchase a property, filed a suit on 4 April 1994 for specific performance of that agreement and a perpetual injunction, after a public notice and objections in November 1993. The defendants contended that the suit …

PUNJAB STATE CIVIL SUPPLIES CORP. LTD.versusSIKANDER SINGH

2006 INSC 126Dismissed

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

FOOD CORPORATION OF INDIAversusM/S. LAXMI CATTLE FEED INDUSTRIES

2006 INSC 99Appeal(s) allowed

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

SHIN SATELLITE PUBLIC CO. LTD.versusM/S JAIN STUDIOS LTD.

2006 INSC 55Case Allowed

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

K.C. SKARIAversusTHE GOVT. OF STATE OF KERALA AND ANR.

2006 INSC 17Case Partly allowed

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 …

HINDUSTAN COPPER LTD. AND ANR.versusBANSHI LAL AND ORS.

2005 INSC 606Disposed off

Hindustan Copper Ltd., a government undertaking, closed its Dariba mine and offered employees the choice of transfer or a Voluntary Retirement Scheme (VRS). While 112 employees opted for VRS, ten later withdrew their offers. The company refused the withdrawals, relying on a clause in the option form …

M/S. TASHI DELEK GAMING SOLUTIONS LTD. AND ANR.versusSTATE OF KARNATAKA AND ORS.

2005 INSC 607Appeal(s) allowed

The appellants, lottery agents of the State of Sikkim, had invested heavily in an online lottery network in Karnataka. Karnataka issued a notification under Section 5 of the Lotteries (Regulation) Act, 1998 prohibiting online lotteries, which threatened the appellants' business and exposed them to …

S. BRAHMANAND AND ORS.versusK.R. MUTHUGOPAL (D) AND ORS.

2005 INSC 518Appeal(s) allowed

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

HARSHAD CHIMAN LAL MODIversusD.L.F., UNIVERSAL LTD. AND ANR.

2005 INSC 444Dismissed

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

AJIT KUMAR NAGversusGENERAL MANAGER, INDIAN OIL CORPORATION LTD. AND ORS.

2005 INSC 425Dismissed

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

STATE OF RAJASTHAN AND ORS.versusBASANT NAHATA

2005 INSC 406Dismissed

The respondent, Basant Nahata, sought registration of a power of attorney, which the Sub‑Registrar refused under a Rajasthan Government notification issued pursuant to Section 22‑A of the Indian Registration Act. The notification declared such documents "opposed to public policy" and barred their …

BHAURAO DAGDU PARALKARversusSTATE OF MAHARASHTRA AND ORS.

2005 INSC 365Appeal(s) allowed

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

CHAIRMAN, LIFE INSURANCE CORPORATION AND ORS.versusRAJIV KUMAR BHASKER

2005 INSC 320Disposed off

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