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Supreme Court Dismisses Appeal by Seller Against Union of India Over Forward Contract Dispute. Contract Held to be a Non-Transferable Specific Delivery Contract under Section 2(f) of Forward Contract (Regulation) Act, 1952, and Thus Not Illegal.

The dispute arose from a contract entered into in September 1960 between appellant Modi & Co. and the respondent Union of India, acting through the Di...

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Bombay High Court Upholds Plaintiff in Suit for Declaration and Possession — Agreement for Sale Terminated Due to Dishonoured Post-Dated Cheques. Defendants' Claim of Protected Tenancy and Part Performance Rejected as They Failed to Pay Balance Consideration.

The suit pertained to an agreement for sale of a flat and garage at 'Asha Mahal', Pedder Road, Bombay. The plaintiff, Yuvrani Hansa Devi, had initiall...

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Supreme Court Upholds Forfeiture of Earnest Money in Contract for Sale of Aero-Scrap. Clause Explicitly Stipulating Deposit as Earnest Money and Forfeiture on Default Valid Under Sections 64 and 74 of Contract Act, 1872.

The dispute arose from a contract for sale of aero-scrap between the appellants, Shree Hanuman Cotton Mills, and the respondent, Tata Air-Craft Ltd. T...

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Bombay High Court Quashes Termination of Contract in Municipal Tender Dispute — Unilateral Termination Without Notice and Opportunity of Hearing Violates Principles of Natural Justice. Contract Termination Set Aside as Arbitrary and Unreasonable Under Article 226 of the Constitution of India.

The petitioner, K.I.P.L. Vistacore Infra Projects J.V., a partnership firm, was awarded a contract by the Ichalkaranjee Municipal Council for a projec...

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High Court of Karnataka Allows Petition to Restrain Encashment of Bank Guarantee in Contract Dispute — No Concluded Contract Found. Court quashes demand letters and directs status quo, holding that without a work order, there is no concluded contract and invocation is arbitrary.

The petitioner, PG Setty Construction Technology Pvt. Ltd., a construction company, filed a writ petition under Articles 226 and 227 of the Constituti...

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Bombay High Court Addresses Section 11 Application for Appointment of Arbitrator; Validity of 20% Claim Cap Clause Under Scrutiny. The Court Examines Whether a Contractual Condition Limiting Arbitration to Claims Not Exceeding 20% of Contract Value Is Arbitrary and Discriminatory.

The dispute arose from a contract dated 7 May 2018 between a contractor and the Central Railways for the preparation of design and structural drawings...