Contract Law – Concluded Contract – South Eastern Coalfields Limited (Appellant) issued a Letter of Intent (LoI) to M/S. S. Kumar's Associates AKM (JV) (Respondent) for a work contract – Respondent mobilized resources and commenced work but did not furnish Performance Security Deposit or sign Integrity Pact – Dispute over whether these omissions prevented a binding cont...
Hindu Marriage Act, 1955 - Section 13 - Divorce - Mental cruelty - Appeal against dismissal of divorce petition - Appellant alleged mental cruelty, long desertion, and a divorce agreement reached in a community Panchayat - Lower court dismissed the case citing lack of admissible evidence - High Court held that denying sexual intercourse without sufficient reason amounts to mental cruelty - Uncontr...
Insolvency and Bankruptcy – Corporate Insolvency Resolution Process (CIRP) – Initiation by Financial Creditor – Section 7 of the Insolvency and Bankruptcy Code, 2016 – Meaning of 'Financial Debt' – Definition in Section 5(8) does not exclude interest-free loans – Loan advanced to meet working capital requirements without interest qualifies as financial d...
Civil Appeal – Interpretation of Power Purchase Agreement (PPA) – Dispute regarding capacity charges and energy charges under the PPA – Whether the appellant is liable to pay fixed capacity charges based on capacity declarations made on RLNG by the first respondent – Appellant's argument based on the need for prior approval under Clause 5.9 of the PPA – Examinatio...
Consumer Disputes - Compensation for Delay in Delivery - Complaint against Kuwait Airways for delay in delivering consignments of handicraft goods - Appellant is an exporter who sent shipments to the USA - Goods were not delivered as per the schedule, causing significant delay - Appellant filed a complaint seeking compensation - NCDRC initially awarded compensation for loss of goods - Appeal led t...
Arbitration – Arbitral Award – Patent Illegality – Judicial Intervention – Section 34 of Arbitration and Conciliation Act, 1996 – Scope of interference limited to grounds under Section 34 – Judicial intervention on merits of award not permissible – Award can be set aside if it violates “public policy of India” or principles of natural justice &...
Civil Procedure Code – Section 100 – Second Appeal – Admission of second appeal with formulation of substantial questions of law – High Court's duty to hear and decide on the substantial questions – Impugned judgment and order of the High Court set aside for summary disposal of second appeal without proper consideration of formulated questions – Matter reman...
Forfeiture of Properties under SAFEMA – Challenging the High Court's order upholding forfeiture under The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) – Appeals in Civil Appeal No.5500 of 2011 and Criminal Appeal No.730 of 2014 dismissed – Provisions of SAFEMA applicable despite revocation of detention order under COFEPOSA. [Para 1, ...
Service Law – Regularisation of Ad hoc Appointments – Determination of Seniority – Uttar Pradesh Regularisation of Ad hoc Appointments (on posts within the purview of the Public Service Commission) Rules, 1979, particularly Rules 4 to 7 – Appellant challenged the seniority list re-determined in 2016 which counted services rendered by ad hoc appointees from the date of their...
Electricity Act, 2003 - Interpretation of relevant provisions of the Act and Rule 3 of the Electricity Rules, 2005 - Classification of a Captive Generating Plant (CGP) and captive user - The judgment provides an interpretation of the Electricity Act, 2003 and the relevant rules for the classification of a Captive Generating Plant and captive user. It emphasizes the importance of understanding the ...