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Indian Contract Act

32 judgments · newest first · showing 1–32

SUNIL CHANGDEO GALHE AND OTHERSversusSATISH SUDHAKAR DESHPANDE AND OTHERS

DISPOSED OFF

The High Court considered a civil revision filed by the purchasers (defendant Nos.18‑24) challenging the trial court's order refusing to reject a suit filed by the original plaintiffs for pre‑emption, declaration and injunction over an undivided joint Hindu family property. The plaintiffs claimed a …

K. KUMARA GUPTAversusSRI MARKENDAYA AND SRI OMKARESWARA SWAMY TEMPLE & ORS

2022 INSC 207Appeal(s) allowed

The appellant, K. Kumara Gupta, purchased temple land in a public auction on 24‑06‑1998, was declared the highest bidder, and the sale was confirmed and the deed executed. Over two decades later, third parties who had not participated in the auction claimed they could have paid a higher price and …

UNION OF INDIA & ORS.versusM/S PUNA HINDA

2021 INSC 448Appeal(s) allowed

The Union of India and others entered into a road‑construction contract with M/s Puna Hinda, which contained an arbitration clause for dispute resolution. After completing the work, the contractor submitted a final bill of Rs 23.68 crore, claiming payment for certain bills that the government …

M/S. SSPPL AND M/S. AIL WASversusSALMA DAM JOINT VENTURE & ANR.

2019 INSC 1249Appeal(s) allowed

WAPCOS Ltd entered into a contract with Salma Dam Joint Venture (SDJV), a 95%-5% joint venture of SSPPL and AIL, for the reconstruction of the Salma Dam. After the original contract’s arbitration clause, the parties executed an Amendment of Agreement (AoA) on 9 June 2015, which expressly stated that …

MAHARASHTRA CHESS ASSOCIATIONversusUNION OF INDIA & ORS.

2019 INSC 823Appeal(s) allowed

The Maharashtra Chess Association, a society affiliated to the All India Chess Federation, was disaffiliated by the Federation and filed a writ petition in the Bombay High Court under Article 226 challenging the action. The Federation invoked Clause 21 of its Constitution and Bye‑laws, which …

RAMESHWAR & OTHERSversusSTATE OF HARYANA & OTHERS

2018 INSC 227Appeal(s) allowed

The Haryana Government issued a notification under the Land Acquisition Act, 1894 to acquire land for an industrial township, after which many landholders sold their land to private builders at inflated prices. The State later dropped the acquisition on 24 August 2007 and again on 29 January 2010, …

ESSAR STEEL LTD.versusUNION OF INDIA & ORS.

2016 INSC 325Dismissed

Essar Steel Ltd. and other off‑takers had long‑term contracts to purchase regasified LNG (RLNG) at a fixed price. In 2007 the Union Government issued a policy directive to pool RLNG prices and apply a uniform, non‑discriminatory price to all long‑term contracts, which raised the price for the …

M/S. SUMITOMO HEAVY INDUSTRIES LIMITEDversusOIL & NATURAL GAS COMPANY

2010 INSC 444Appeal(s) allowed

The appellant, Sumitomo Heavy Industries, entered into a turn‑key offshore platform contract with the respondent, ONGC, which contained a clause (17.3) obligating the respondent to compensate the contractor for any necessary and reasonable extra cost caused by a change in Indian law after the bid …

V.K. ASHOKANversusASSTT. EXCISE COMMNR. & ORS.

2009 INSC 323Appeal(s) allowed

The appellants, who were granted toddy‑shop licences for one financial year, were found to have mixed diazepam in toddy, an offence under the Kerala Abkari Act, leading to cancellation of their licences under Rule 6(30) of the Kerala Abkari Shops (Disposal in Auction) Rules, 1974. The State then …

DEDDAPPA & ORS.versusTHE BRANCH MANAGER, NATIONAL INSURANCE CO. LTD.

2007 INSC 1269Appeal(s) allowed

The appellant's daughter was killed when a tempo, owned and driven by Respondent No.2, ran over her. The vehicle was insured with National Insurance Co., but the insurer claimed the policy was cancelled because the premium cheque was dishonoured, invoking Section 64‑VB of the Insurance Act, 1938. …

HARDEV SINGHversusGURMAIL SINGH (DEAD) BY LRS.

2007 INSC 93Dismissed

Harcharan Singh transferred property to his wife Udham Kaur for maintenance. Udham Kaur claimed absolute ownership, which was upheld by the appellate court. During the pendency of her suit, Harcharan Singh sold the land to Gurmail Singh, who took possession. After Udham Kaur's death, Gurmail Singh …

YOGESH MEHTAversusCUSTODIAN APPOINTED UNDER THE SPECIAL COURT & ORS.

2007 INSC 6Appeal(s) allowed

The Supreme Court examined the auction of residential properties of the late Harshad Mehta, where Yogesh Mehta was the highest bidder. The Special Court provisionally accepted his bid but, pending a Supreme Court stay, the sale was not finalized. The Special Court later ordered forfeiture of Mehta's …

GHAZIABAD DEVELOPMENT AUTHORITYversusBALBIR SINGH

2004 INSC 182

The Supreme Court examined a batch of appeals arising from orders of the National Consumer Disputes Redressal Commission (NCDRC) that uniformly awarded interest at 18% per annum in cases of deficiency of service by development authorities. The Court held that the Consumer Protection Act, 1986 has a …

OM SHANKAR BIYANIversusBOARD OF TRUSTEES, PORT OF CALCUTTA AND ORS.

2002 INSC 97Disposed off

The appellant imported a consignment of bearings and, after customs seized the goods, sought to clear them without paying the port charges and demurrage claimed by the Board of Trustees of the Port of Calcutta. The High Court allowed removal of the goods without payment, but the Board exercised its …

RAMESHWAR SWARUP (DEAD) BY LRS.versusSMT. SAROJ TYAGI AND ORS.

1998 INSC 394Appeal(s) allowed

The vendors sold a bungalow in the Meerut cantonment to the vendee, with the agreement stipulating that the vendee must obtain permission from the Military Estate Officer (MEO) for the transfer. Clause 5 provided that if such permission were not granted, the vendee could be released from the …

CHARAN SINGH ETCversusSTATE OF PUNJAB AND ORS. ETC.

1996 INSC 1394Disposed off

Charan Singh, a Scheduled Caste member, was granted a ten‑year lease of uncultivable waste land under the Nazool Land Rules, 1956, which he reclaimed, cultivated and equipped with a tube‑well. After the lease expired in 1972 he remained in possession, but the Government initiated eviction …

MATHUNNI MATHAIversusM/S. HINDUSTAN ORGANIC CHEMICALS LTD. AND ANR.

1995 INSC 297Appeal(s) allowed

The case concerned a land‑acquisition award where the High Court enhanced the market value, solatium and interest under the Land Acquisition (Amendment) Act, 1984. The Supreme Court stayed the collection of the enhanced portion, after which the respondent deposited the amount that was not stayed on …

AMRIT BANASPATI CO. LTD. AND ANR.versusSTATE OF PUNJAB AND ANR.

1992 INSC 63Dismissed

The Punjab Government issued a brochure promising a refund of sales tax as an incentive for setting up large‑scale industries in focal points. Amrit Banaspati Co. relied on assurances from the Director and Secretary of Industries, purchased land and machinery, and later sought a refund of sales tax …

SMT. SHRISHT DHAWANversusSHAW BROTHERS

1991 INSC 340Appeal(s) allowed

The appellant, Smt. Dhawan, applied to the Delhi Rent Controller under Section 21 of the Delhi Rent Control Act, 1958, seeking permission to let her premises for a three‑year residential tenancy, stating she would need the house thereafter. The Rent Controller granted the permission, but the tenant, …

UNION CARBIDE CORPORATION ETC. ETC.versusUNION OF INDIA ETC. ETC

1991 INSC 250Disposed off

The Supreme Court examined the court‑assisted settlement of the Bhopal gas‑leak disaster claims, where Union Carbide Corporation (UCC) agreed to pay $470 million and all civil and criminal proceedings were to be terminated. The Court held that under Article 142 of the Constitution it had …

SMT. MAYAWANTIversusSMT. KAUSHALYA DEVI

1990 INSC 126Dismissed

Mayawanti sued Kaushalya Devi for specific performance of a 1971 agreement to sell a factory, machinery and related assets for Rs 50,000, having paid Rs 5,000 as earnest money. The dispute centered on whether the document recorded in the petition writer's register (Exhibit PW‑11/A) proved a valid, …

GAYA PRASADversusSURENDRA BAHADUR SINGH, (DEAD) BY L.RS. & ORS.

1987 INSC 71Appeal(s) allowed

The appellant, Gaya Prasad, sued for specific performance of a 1958 agreement to sell a house that had been exempted from sale under Section 24 of the U.P. Encumbered Estates Act, 1934. The respondent‑landlord had earlier obtained an exemption for the house and a mortgage on the property had been …

KU. SONIA BHATIAversusSTATE OF U.P. & ORS.

1981 INSC 69Dismissed

The appellant, Sonia Bhatia, claimed ownership of 80 bighas of land gifted to her by her grandfather on 28 January 1972, after the statutory cut‑off date of 24 January 1971 under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960. The Prescribed Authority ignored the gift under …

MANIK CHAND AND ANR.versusRAMACHANDRA SON OF CHAWRIRAJ

1980 INSC 114Appeal(s) allowed

The plaintiffs, two minors, entered into an agreement through their mother and natural guardian to purchase a house for Rs 11,000, paying Rs 1,000 as earnest money. The seller failed to perform, and the minors sued for specific performance. The trial court decreed in their favour, but the High Court …

STATE BANK OF SAURASHTRAversusCHITRANJAN RANGNATH RAJA AND ANR.

1980 INSC 100Dismissed

The State Bank of Saurashtra extended a cash‑credit facility to Harilal Adatia on two securities: a pledge of 5,000 tins of groundnut oil and a personal guarantee by Chitranjan Rangnath Raja. The bank negligently lost the pledged oil tins while they were in its custody. After the principal debtor’s …

UNION OF INDIAversusJ. K. GAS PLANT

1980 INSC 98Dismissed

The Union of India supplied steel to J.K. Gas Plant Manufacturing Co. for a gas plant; surplus steel was directed by the Kanpur Controller to be delivered to Govan Brothers Ltd. The price for the surplus steel remained unpaid, prompting the plaintiff to sue the Union for the price plus interest. The …