Indian Contract Act, 1872

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 stating that the op…

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 penal liability under…

The Supreme Court examined whether arbitration clauses that allow one party, especially a government entity, to unilaterally appoint a sole arbitrator or control the composition of a three‑member tribunal are valid. It held that such unilateral appointment provisions create a real risk of bias, violate the principle of…

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 Rs.573 per gram and filed…

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

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

The Supreme Court examined an arbitration award arising from a turnkey housing contract between Army Welfare Housing Organisation (AWHO) and Sumangal Services Pvt. Ltd. (Sumangal). The Court held that the arbitrator had no jurisdiction to pass an interim injunction under Section 41(b) of the Arbitration Act, 1940, and …

Citibank N.A. bought GOI 2009 bonds from Canbank Mutual Fund (CMF) and issued two Bankers Receipts (BRs) to Standard Chartered Bank (SCB) in exchange for Rs.50 crore. SCB asked for CMF's Subsidiary General Ledger (SGL) forms in lieu of the bonds; Citibank delivered the dishonoured SGLs and received the BRs back, which …

Hindustan Construction Co. Ltd. (HCCL) entered into a dam construction contract with the State of Bihar and furnished two bank guarantees – a Performance Guarantee to the Chief Engineer and a Mobilisation Advance Guarantee to the Executive Engineer. The State invoked both guarantees, prompting HCCL to seek an injunctio…

The landlord, a partnership firm, sued its former tenant for possession of premises after a 21‑year lease expired. The partnership was unregistered when the suit was filed, raising a bar under Section 69(2) of the Partnership Act. The trial court and High Court held the suit maintainable and granted possession. On appe…

The original grantee, Dasana Rangaiah, was allotted two acres of government land in 1951 under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act. He sold the land to the appellant in 1968, but a 1987 representation led the Assistant Commissioner to set aside the sale as …

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 land‑ceiling authoritie…

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, 1951. The banks sought p…

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 and offered to retu…

The landlords sued the tenants for eviction under sections 16(1)(c), 16(1)(e) and 16(1)(n) of the Maharashtra Rent Control Act, alleging illegal sub‑letting, nuisance from a food‑stuff business and non‑use of the premises as a book‑shop for more than six months before the suit. The trial court dismissed the suit, but t…

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 interest. The respondent …

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 SAP, under the Karnatak…

The City and Industrial Development Corporation of Maharashtra (CIDCO) allotted a commercial plot to original allottees, who transferred it to the appellants. CIDCO accepted transfer fees and full lease premium, executed lease and confirmation deeds, and issued development permission and commencement certificate, after…

The National Insurance Company Ltd. (appellant) entered into a Memorandum of Understanding with the Chief Electoral Officer of Bihar (respondent No.1) to provide group insurance for election workers in 2000. A constable died of sun stroke while on election duty, and his wife (respondent No.2) filed a claim for Rs.10 la…

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 their claim, and later …

The appellant, along with two friends, advanced Rs 7.5 lakhs to the respondent about four years before the respondent issued a cheque on 30‑03‑1998, which was later dishonoured. The appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, and the magistrate issued summons. The respondent o…

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

The Supreme Court considered applications filed by the purchaser of Bengal Paper Mills' assets seeking clarification of its earlier judgment that ordered a refund of the Rs.2 crore purchase price but denied interest. The Court examined whether interest could be awarded under Order XXI Rule 93 of the CPC and whether res…

The Supreme Court examined three appeals concerning the applicability of the Arbitration and Conciliation Act, 1996 (the new Act) versus the Arbitration Act, 1940 (the old Act) and the Foreign Awards Act, 1961. In Thyssen Stahlunion GmbH v. SAIL (CA 6036/98), arbitral proceedings began in 1995 under the old Act and the…

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 registration. The resp…

The case concerned a road‑construction project where the appellant issued a Request for Proposal (RFP) and later a Letter of Award (LOA) was accepted by the respondent. The appellant subsequently withdrew the LOA due to lack of a required No‑Objection Certificate, and the respondent sought to invoke an arbitration clau…

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 them, the parties ag…

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, ordered that portions of…

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, prompting the emplo…

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 Court reduced it to sim…

Citibank sold IRFC bonds to Standard Chartered Bank (SCB) and issued a Banker’s Receipt (BR) which SCB later returned with an endorsement, also handing over a non‑transferable BR issued by CANFINA. SCB then demanded delivery of the bonds from Citibank, leading to suits in a Special Court. The Special Court held Citiban…

The appellants Jindal Steel issued a work order to Bansal Infra and obtained an unconditional bank guarantee to secure an advance payment. After alleged delays, quality deficiencies and termination of the contract, the appellants threatened to encash the guarantee unless a debit balance was paid. Bansal filed a Section…

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 Law Board and the High…

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

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 subsequently purchased …

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 contract, thereby fail…

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, holding that the Fi…

New India Assurance Co. issued a motor vehicle insurance policy for a truck on 8 November 1991. The same night the truck met with an accident that killed a cleaner and two labourers. The dependants of the deceased filed claims for compensation, but the insurer denied liability, arguing that the policy was cancelled aft…

Continental Construction entered into a contract with the State of Madhya Pradesh for construction work and later claimed extra costs due to a rise in material and labour prices, alleging the State's delay in work allotment. The Superintending Engineer refused payment and declined to refer the dispute to arbitration, p…

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

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 the state‑level com…

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 multiplying a unit rate wit…

The appellant K. Hymavathi loaned Rs 20 lakh to respondent No.2, who executed a promissory note on 25 July 2012 promising repayment by December 2016. The respondent later issued a cheque for Rs 10 lakh on 28 April 2017, which was dishonoured, leading the appellant to file a complaint under Section 138 of the Negotiable…

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

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 damages, and interest,…

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 senior employees who…

The Pimpri Chinchwad Municipal Corporation (PCMC) entered into a contract with M/s Gayatri Construction for Phase‑III of the Telco‑Bhosari road. The contractor failed to complete the work within the stipulated 12‑month period, leading PCMC to invoke a termination clause and invite fresh tenders for the same stretch of …

Patel Roadways Ltd, a carrier with its principal office in Bombay and subordinate offices elsewhere, was sued in Madras courts for loss of goods transported from its Tamil Nadu and Madras branches to Delhi. The carrier claimed that a clause in its contracts stipulated that any dispute must be heard only in Bombay court…

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 society against losse…

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

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

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 Vehicles Act, 1988. …

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

The appellant, Sanjiv Prakash, invoked an arbitration clause in a 1996 Memorandum of Understanding (MoU) among family members after a dispute over share transfers with his sister and mother. The respondents argued that the MoU was superseded and novated by a later Shareholders' Agreement (SHA) dated 12‑04‑1996, which t…

The Supreme Court examined whether the Central Inland Water Transport Corporation Ltd., a government‑owned company under section 617 of the Companies Act, qualifies as "the State" under Article 12 of the Constitution and whether clause (i) of Rule 9 in its service rules – which allows termination of a permanent employe…

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 was barred by limita…

Uptron India Ltd., a manufacturing concern, terminated the services of Ms. Shammi Bhan, a confirmed permanent employee, invoking clause 17(g) of its certified standing orders which provided for automatic termination if a workman overstayed leave for more than seven days. The employee challenged the termination before t…

The plaintiff K.S. Vidyanadam entered into a sale agreement on 15‑December‑1978 to purchase a house for Rs.60,000, paying only Rs.5,000 as earnest money and agreeing to complete the purchase within six months. He failed to purchase stamp papers, pay the balance or demand execution of the sale deed for more than two and…

The appellant, I.T.C. Ltd., chartered two imported fishing trawlers from the respondents but later claimed the vessels were defective and that the charter party was void due to a mutual mistake about the refrigeration system and alleged violation of import licence conditions. The respondents filed an application under …

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

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 Instruments Act. The appellan…

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

Southern Roadways Ltd., a transport company, appointed S.M. Krishnan as its agent at Madras and allowed him to use a leased godown for the company's business. After discovering mismanagement and misappropriation of funds, the company terminated Krishnan's agency on 14 October 1988 and took possession of the godown on 1…

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 Rent Control Act, 1999…

The Bihar State Food and Civil Supplies Corporation entered into contracts with rice millers for paddy procurement and included an arbitration clause. Allegations of massive fraud and misappropriation of public funds led to criminal FIRs, charges under the Penal Code, and recovery proceedings under the Bihar & Orissa P…

Kotak Mahindra Bank Ltd., a financial creditor, filed a petition under Section 7 of the Insolvency and Bankruptcy Code (IBC) to initiate a Corporate Insolvency Resolution Process (CIRP) against Kew Precision Parts Pvt. Ltd. after the debtor defaulted on loans. The debtor had offered a one‑time settlement on 20 December…

The Cochin Port Trust sought to recover ground rent and demurrage for containers that remained unclaimed by consignees after customs clearance, arguing that the steamer agents should not be liable beyond the 75‑day limit set by the Tariff Authority. The Supreme Court examined whether the passage of title, endorsement o…

The case concerned contract labour employed in SAIL's captive limestone mines under a tripartite agreement with contractors. After a prohibition notification under Section 10(1) of the Contract Labour (Regulation & Abolition) Act, 1970 was issued in 1993, the contract labour continued to work until their services were …

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 be cancelled only if …

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

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

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

The Visakhapatnam Port Trust floated a tender for wooden sleepers, which M/s Padia Timber Co. (P) Ltd. responded to with a conditional offer that inspection would be at its depot. The Trust accepted the offer but imposed an additional condition that final inspection be at its showroom, which Padia rejected, leading to …

The Food Corporation of India (FCI) invited tenders to hire plinths for grain storage and awarded the contract to Mis. Babulal Agrawal, who constructed the plinths and handed them over on 24‑Jan‑1987. The agreement provided that FCI would lease the plinths for three years (extendable by one year) and that a formal leas…

Sultan Sadiq, who had been rendering voluntary services as an assistant teacher in a madrasa, contested a legislative assembly election. The first respondent challenged his election alleging that Sadiq held an office of profit under the State of Assam because his services were purportedly regularized by a government or…

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

The respondents filed a suit against United Bank of India concerning an underwriting commitment. While the suit was pending, the parties executed a Memorandum of Understanding (MOU) on 18 May 1994 that required the respondents to withdraw the suit, pay a guarantee liability of Rs. 2.33 lakhs, and file a compromise peti…

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

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 and the accused soug…

The Delhi Transport Corporation (DTC) terminated the services of three permanent employees under Regulation 9(b) of the Delhi Road Transport Authority (Conditions of Appointment and Service) Regulations, 1952, which allowed termination by one month's notice or pay in lieu thereof without assigning reasons or holding an…

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 withdrawn. The Supreme Co…

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. 3.50 crore, with an a…

Gujarat Bottling Co. Ltd (GBC) entered into a 1993 licence agreement with Coca Cola to bottle and distribute beverages under several trade marks, which included a negative covenant prohibiting GBC from dealing in competing products during the agreement's term. A subsequent 1994 agreement, intended to register GBC as a …

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

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 interest could not be award…

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 second and third instalm…

The Supreme Court examined whether an award under the Arbitration Act, 1940 could be remitted or set aside solely because the arbitrator or umpire did not give reasons. The Court held that unless the arbitration agreement, deed of submission, or a specific court order or statute requires reasons, an arbitrator is under…

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 Commission) which adjud…

The insured had taken four LIC policies and missed the third half‑yearly premium. A general agent collected a bearer cheque for the overdue premium after the grace period, encashed it and deposited the amount with LIC after the insured's death. LIC rejected the claim, stating the policies had lapsed because the premium…

United Breweries Ltd. (the appellant) challenged the assessment of sales tax on the value of bottles and crates supplied with its beer, arguing that these were not sold but were returned against a refundable deposit. The Commercial Tax Officer, the Tribunal and the Andhra Pradesh High Court held that the bottles and cr…

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 terminated, and the Superint…

Ellora Paper Mills Ltd entered into a supply contract with the State of Madhya Pradesh and, after a dispute, the parties were referred to an arbitral tribunal called the Stationery Purchase Committee, which was composed entirely of state officers. The appellant sought termination of that tribunal under Section 14 of th…

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

The Steel Authority of India issued a price circular on 17 March 1989 offering an additional discount to any customer whose monthly off‑take of thinner gauge steel exceeded 400 metric tonnes. Six traders, after receiving a clarification letter dated 2 December 1989, formed a group and sought to avail the discount on th…

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

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

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

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 Act, 1996 in the Rajas…

The appellants, P.C. Dalui and others, held a lease dated 26 September 1946 for an initial ten‑year term with contractual options to extend the lease for two further five‑year periods and a final one‑year period upon payment of enhanced rent. They exercised the two five‑year extensions but did not take the one‑year ext…

The respondents, subscribers to a Kuri (chit fund) in 1962, defaulted on instalment payments after receiving their prized amounts. Their bonds contained a clause that on default the entire balance would become immediately payable in a lump sum with 12% interest, without credit for any dividend. The trial court decreed …

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

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

Mrs. Surjeet Malhan and her husband, Mr. B.K. Malhan, owned shares in a private company and sued John Tinson & Co. and others for declaration and injunction after the appellants allegedly transferred those shares without proper authority. The appellants argued that the wife had impliedly consented to the transfer and t…

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 before the Act and …

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 wife later disclosed th…

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 neither party could use…

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 continued in his name. …

The dispute arose from an arbitral award dated 21 November 2004 in favour of G & T Beckfield Drilling Services, directing ONGC (the respondent) to pay a sum of US$6,56,272.34 together with interest at 12% per annum from 12 December 1998, the date the claim was affirmed. ONGC challenged the award under Section 34 of the…

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 amended Section 11B, which…

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

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 and the petitioners …

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 assignees (S.S. Aggarwa…

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

The State of Haryana auctioned a licence to vend country liquor; the highest bidders, Lal Chand and others, were provisionally accepted but failed to deposit the required security and later argued that a neighbouring Punjab licence breached inter‑state conditions. The State re‑auctioned the licence at a lower price and…

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

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 show‑cause notice and subse…

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

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

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 housing scheme had been f…

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 delayed, and the succe…

The petitioner, Tarsem Singh, owned agricultural land and entered into a sale agreement with the respondent, Sukhminder Singh, for Rs. 24,000 per acre, with Rs. 77,000 paid as earnest money. The parties differed on the unit of measurement—"bighas" versus "kanals"—leading to a mutual mistake about the land's area, an es…

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 agreement was not concl…

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 award, the former S…

The State of Uttar Pradesh issued executive directives under Article 162 to deduct 5% from government advertisement bills in newspapers with circulation over 25,000, creating a fund for a pension scheme for working journalists. The scheme had not been enacted as a law because the related bill lapsed in the Vidhan Sabha…

The landlord filed an eviction suit against a partnership firm. The son of a deceased partner sought to be impleaded as an additional defendant, first under Order I Rule 10(2) CPC and later under Order 30 Rule 4 CPC, both applications being dismissed by the trial court and the district court. While the suit was pending…

Mysore Traders, a partnership firm, were appointed by Bajaj Auto Ltd as sole distributors of Vespa scooters and auto‑rickshaws in Ahmednagar. The firm claimed that the appointment created an agency coupled with interest, making the termination of the distributorship without reasonable notice wrongful under Section 206 …

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

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 lacked proper signatur…

The respondents, a registered partnership firm, filed a suit to recover Rs. 58,880 on a promissory note dated 1 April 1960. During the pendency of the suit one of the partners died, and the trial court dismissed the suit on the ground that the deceased partner’s legal representatives had not been joined as parties. The…

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

The Supreme Court examined a dispute arising from a housing scheme originally framed by Agra Nagar Mahapalika under the U.P. Nagar Mahapalika Act, 1959, whose execution was later transferred to the U.P. Avas Evam Vikas Parishad (Parishad). Owners of the acquired land, dissatisfied with the compensation, applied for a r…

Atlas Export Industries entered into a contract for the supply of groundnut extractions that incorporated by reference the GAFTA standard contract, which contained an arbitration clause mandating disputes be resolved in London under GAFTA rules. A dispute arose, arbitration was conducted in London and an award was made…

The case involved a family dispute over the control of Kerala Kaumudi Pvt. Ltd., focusing on the validity of share transfers from Mani and his children to M.S. Madhusoodhanan, the removal of Madhusoodhanan as Managing Director and the deletion of Article 74, the allotment of additional shares to Ravi and Srinivasan, an…

The appellant, who had sold his immovable property to the respondent, later entered into a written agreement whereby the respondent would sell the property back to him after five years for a specified sum. After the period elapsed, the appellant demanded reconveyance, but the respondent refused, leading the appellant t…

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

Mis Sikkim Subba Associates was appointed by the State of Sikkim as the organising agent for state lotteries. A dispute over payments led to arbitration under the Arbitration Act, 1940, where the arbitrator awarded the appellants Rs 37.75 crore in damages. The State sought to set aside the award under Section 30 of the…

Mahendra Construction purchased a hydraulic excavator that was previously insured with New India Assurance (NIA) from November 2004 to November 2005, during which a claim of Rs 36.66 lakhs was settled. The excavator was later insured with Oriental Insurance for the period October 2006‑October 2007, and a fire incident …

The respondents filed a consumer complaint alleging that the sole proprietor developer failed to complete construction and pay dues under a 1996 Development Agreement. The developer died during the pendency of the case, and the legal representatives were directed by the NCDRC to both pay monetary amounts and to perform…

The appellant, General Manager Northern Railways, entered into a construction contract with the respondent, Sarvesh Chopra, which contained both General and Special Conditions. Disputes arose and the respondent filed a petition under Section 20 of the Arbitration Act, 1940 seeking arbitration of six claims. The trial c…

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 the full pay and allow…