Tag: Contract Law
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Supreme Court’s Enunciation of Insurance Law in India
[Kamakshi Puri is a final year student at Jindal Global Law School] In a series of cases last year, a Supreme Court bench comprising Justice Dhananjaya Chandrachud and Justice Hemant Mehta delivered judgments on important aspects of insurance law. Oriental Insurance Company v Mahindra Construction, Life Insurance Corporation of India v Manish Gupta and Reliance
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The Travails of Teaching ‘Offer’ and ‘Acceptance’ in Contract Law
[Shivprasad Swaminathan is Professor at Jindal Global Law School where he teaches Jurisprudence and Contract law] A Heuristic Nightmare For a discipline that has been variously described as ‘showing itself in a mask’ (as Jeremy Bentham put it) or full of ‘chameleon-hued’ expressions (as Wesley Hohfeld put it), the law holds no dearth of labyrinths
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India’s Approach to Liability of Hotels for Loss of Guest Property
[Pareekshit Bishnoi is an advocate based in Delhi] What are the legal consequences when a person visits a hotel and gives their car for valet parking, which is later reported as lost or damaged? In such cases of loss or damage from infra hospitium (meaning “within the hotel”), a question often arises as to the
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Liability of Personal Guarantors vis a vis their Rights under the IBC: A Legal Conundrum
[Pinak Parikh is an Associate at Singhi & Co, Ahmedabad, and is a B.A L.L.B (Corp Hons) graduate (2019) from the Institute of Law, Nirma University] In December 2019, ArcelorMittal India Private Limited (“AMIPL”) paid over Rs. 42,000 crores to the State Bank of India to complete the acquisition of Essar Steel India Private Limited
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Severability of Arbitration Clauses when the Underlying Agreement is Void Ab Initio
[Ankit Kapoor is a II Year, B.A. L.L.B (Hons.) student at the National Law School of India University, Bangalore] Earlier last year, in Samyak Projects Private Limited v. Ansal Housing & Construction, a single judge of the Delhi High Court invalidated an arbitration clause as the underlying agreement was void ab initio. This represents a
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SEBI’s Denial of Relief to Pledgees in the Karvy Case
We had last month discussed the ex parte ad interim order passed by the Securities and Exchange Board of India (SEBI) wherein the regulator found that Karvy Stock Broking Limited (KSBL) had wrongfully pledged securities belonging to its clients to various lenders in exchange for funds borrowed. Since then, four lenders, (i) Bajaj Finance Limited,
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Delhi High Court Upholds the Interests of Direct Sellers: A Ray of Hope?
[Deeksha Gabra is a chartered accountant and Shivam Gupta is a final-year law student at the Rajiv Gandhi National University of Law, Punjab] Direct selling (also known as network marketing or multi-level marketing), as the name suggests, refers to selling products directly to the consumer in a non-retail environment. The product moves from the manufacturer
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Computing Price Adjustment in Construction Contracts: The Limited Scope for Setting Aside an Arbitral Award
[Zacarias Kanjirath Joseph is a dispute resolution lawyer based in Bombay. He may be contacted at zacarias.joseph@gmail.com. The views expressed in this piece are personal] A division bench of the Supreme Court of India in its judgment dated 8 May 2019 in Ssangyong Engineering & Construction Co. Ltd. v. National Highways Authority of India set
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Claims in Quantum Meruit vis-à-vis Damages in Breach of Contract
[Pulkit Khare and Vaidehi Soni are 4th Year B.A., LL.B. (Hons.) students of the National University of Advanced Legal Studies, Kochi] The Supreme Court recently in Mahanagar Telephone Nigam Ltd. (MTNL) v. Tata Communications Ltd. raised a question whether quasi-contractual obligations can be imported into a contract which already stipulates a sum for its breach.
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Double Claim by a Creditor
[Richa Saraf is a Legal Advisor at Vinod Kothari & Co.] In Dr. Vishnu Kumar Agarwal v. Piramal Enterprises Ltd. (January 2019), the National Company Law Appellate Tribunal (NCLAT) held that multiple applications for initiation of corporate insolvency resolution process for the very same debt or claim is not permissible. Now, consider a situation where
