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Indian Contract Act

A collection of 15 posts

Important Arbitration 2025

BPL Limited v. Morgan Securities and Credits Pvt. Ltd.; 2025 INSC 1380 - Arbitration Act - Interest - Party Autonomy - Commercial Contract

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Specific Relief Act

Canara Bank vs. K.L. Rajgarhia (D) 2025 INSC 1278 - Specific Performance Suits - Doctrine Of Severability Applicability

Specific Relief Act 1963 - While adjudicating suits, or when examining the validity of agreements or contracts, the Courts generally have the power to sever the invalid portion of an agreement from its valid portion and give effect to the latter. There is no bar on the application of the

Electricity Act

Chamundeshwari Electricity Supply Company Ltd. (CESC) v. Saisudhir Energy (Chitradurga) Pvt. Ltd. 2025 INSC 1034 - Electricity Act - Regulatory Fora - Contractual Framework

Note You can read our notes on this judgment in our Supreme Court Daily Digests. If you are our subscriber, you should get it in our Whatsapp CaseCiter Community at about 9pm on every working day. If you are not our subscriber yet, you can register by clicking here: Read

Indian Contract Act

Vijaya Bank vs Prashant B Narnaware 2025 INSC 691 - Employment Contract - Restrictive Covenant

Employment Contracts - Restrictive covenant prescribing a minimum term cannot be said to be unconscionable, unfair or unreasonable and thereby in contravention of public policy. [Context: SC held that the restrictive covenant in clause 11(k) of the appointment letter issued by Vijaya Bank does not amount to restraint of

HP Power Transmission Corporation Ltd.vs BRUA Hydrowatt Pvt. Ltd 2025 INSC 680 - Doctrine of Privity

Contract Law - Doctrine of Privity - A party not privity to the agreement or contract cannot be, unless the context otherwise makes it apparent, made liable for any term(s) and condition(s) unrelated to it. (Para 29) 2025 INSC 680 HP Power Transmission Corporation Ltd.vs BRUA Hydrowatt

Rakesh Kumar Verma vs HDFC Bank Ltd. 2025 INSC 473 - Contract - Exclusive Jurisdiction Clauses

Indian Contract Act, 1872 - Section 28 - Section 28 of the Contract Act does not bar exclusive jurisdiction clauses. What has been barred is the absolute restriction of any party from approaching a legal forum. The right to legal adjudication cannot be taken away from any party through contract

Annaya Kocha Shetty (D) vs Laxmibai Narayan Satose 2025 INSC 466 - Contract - Ss.91,92 Evidence Act - Pleadings and Judgment

Contracts - The guide to the construction of deeds and tools adopted can broadly be summarised as follows: (1) The contract is first constructed in its plain, ordinary and literal meaning. This is also known as the literal rule of construction - (2) If there is an absurdity created by

M. S. Ananthamurthy vs J. Manjula 2025 INSC 273- Transfer of Property - Registration Act - Power Of Attorney - Res Judicata

Transfer of Property Act 1882- Section 54,55 - An agreement to sell does not meet the requirements of Sections 54 and 55 of the TPA to effectuate a ‘transfer’ -A transfer of immovable property by way of sale can only be by a deed of conveyance. An agreement to

Constitutional Law

Techno Prints vs Chhattisgarh Textbook Corporation 2025 INSC 236 - Blacklisting - Show Cause Notice - Writ Jurisdiction

Constitution of India - Article 226 -Ordinarily, Writ Court should not entertain any petition, seeking to challenge a show cause notice unless the Court is convinced that the same has been issued by an authority having no jurisdiction, or the same is tainted with mala fides. [But in this case,

Sahakarmaharshi Bhausaheb Thorat Sahakari Sakhar Karkhana Ltd. vs Thyssen Krupp Industries India Pvt.Ltd 2025 INSC 219 - S 74 Contract Act

Indian Contract Act 1872 - Section 74 - The claim for damages will remain confined to what is expressly provided under the Agreement. (Para 29) 2025 INSC 219 Sahakarmaharshi Bhausaheb Thorat Sahakari Sakhar Karkhana Ltd. vs Thyssen Krupp Industries India Pvt.Ltd - S 74 Contract Act2025 INSC 219 Sahakarmaharshi

Tomorrowland Limited vs Housing and Urban Development Corporation Limited 2025 INSC 207 - S 34 CPC - Award Of Interest - Contract - Equity - Commercial Disputes

Code of Civil Procedure 1908 - Section 34 - The award of interest is a discretionary exercise steeped in equitable considerations - The power to award interest ought to be exercised judiciously, aligning with equitable considerations and also ensuring neither undue enrichment nor unfair deprivation. Courts are duty-bound to assess

Constitutional Law

Union Of India vs Gaming Solutions Pvt. Ltd. 2025 INSC 181 - Lottery

Constitution of India - The expression “lottery” takes its meaning from “betting and gambling”. Although a lottery ticket is nothing but an actionable claim, the conduct of a lottery scheme is nothing but a betting and gambling activity. Therefore, it is only Entry 62 – List II which enables the imposition

Constitutional Law

NOIDA Toll Bridge Company Ltd. vs Federation of NOIDA Residents Welfare Association 2024 INSC 1027 - PIL - Contractual Matters - Administrative Law - Uttar Pradesh Industrial Area Development Act

Uttar Pradesh Industrial Area Development Act, 1976 - Section 6A - 'Authority’ is empowered to delegate the power to collect taxes or fees levied by it. However, under no circumstances does it authorize the delegation of the power to levy taxes or fees.[SC held that NOIDA overstepped its

Indian Contract Act

Ramachandra Reddy (D) vs Ramulu Ammal (D) 2024 INSC 868 - Contract Act - Consideration - Settlement Deed- S 100 CPC - Second Appeal

Indian Stamp Act 1899 - Section 2 (24)- Indian Contract Act 1872 - Section 2 - Settlement - ‘Consideration’ need not always be in monetary terms. It can be in other forms as well. [In this case, High Court held that the deed in question was a gift deed

Three Judges Bench

Nabha Power Limited vs Punjab State Power Corporation Limited 2024 INSC 833 - Contract - Customs Act

Contract Law - The golden rule of interpretation is that the words of a contract should be construed in their grammatical and ordinary sense, except to the extent that some modification is necessary in order to avoid absurdity, inconsistency or repugnancy- Similarly, any invocation of the business efficacy test as