Electricity Act, 2003; Section 125 – The restrictive scope of appellate jurisdiction is a product not only of the statutory preconditions, but also a necessary measure to enable freedom to statutory regulator and Tribunal to develop sectorial laws through a principled and consistent approach- the requirement under Section 125 is not merely a ‘question of …
Indian Contract Act, 1872; Section 207-208 –In the absence of a particular mode suggested for revocation of the authority of an agent, the manner adopted by the principal to revoke the authority of the agent must be one which clearly and unequivocally communicates to the parties i.e., to be affected by such revocation, that the …
Thankamma George vs Lilly Thomas 2024 INSC 494 – Contract – Agency Read More »
Practice and Procedure– Ordinarily courts are not supposed to grant interest on interest except where it has been specifically provided under the statute or where there is specific stipulation to that effect under the terms and conditions of the contract. There is no dispute as to the power of the courts to award interest on …
D Khosla And Company vs Union Of India 2024 INSC 587 – Interest On Interest Read More »
Blacklisting – Blacklisting has always been viewed as a drastic remedy and the orders passed have been subjected to rigorous scrutiny -Too readily invoking the debarment for ordinary cases of breach of contract where there is a bona fide dispute, is not permissible -Any decision to blacklist should be strictly within the parameters of law …
Insolvency and Bankruptcy Code,2016– A holding company and its subsidiary are always distinct legal entities. The holding company would own shares of the subsidiary company. That does not make the holding company the owner of the subsidiary’s assets.- Therefore, the assets of the subsidiaries cannot be included in the resolution plan of the holding company. …
Contract Law – Letter of Intent – Letter of Intent is merely an expression of intention to enter into a contract. It does not create any right in favour of the party to whom it is issued. There is no binding legal relationship between the party issuing the LOI and the party to whom such …
Summary: NCDRC held that the death of a developer has no effect upon the obligations of the developer under the Development Agreement and the same have to be executed by the legal heirs of the developer – Allowing appeal, SC held: the legal representatives of the deceased developer are not liable to discharge the obligation …
Income Tax Act, 1961; Section 194-H- Commission or brokerage – Cellular mobile telephone service providers would not be under a legal obligation to deduct tax at source on the income/profit component in the payments received by the distributors/franchisees from the third parties/customers, or while selling/transferring the pre-paid coupons or starter-kits to the distributors – the …
SARFAESI Act; Section 37 ; – SARFAESI Rules; Rule 9(5) – Indian Contract Act, 1872; Sections 73,74 – Whether, the underlying principle of Section(s) 73 & 74 respectively of the 1872 Act is applicable to forfeiture of earnest-money deposit under Rule 9(5) of the SARFAESI Rules? In other words, whether the forfeiture of the earnest-money …
Code of Criminal Procedure,1973; Section 482 – In the appropriate case, protection is to be accorded against unwanted criminal prosecution and from the prospect of unnecessary trial – Priyanka Mishra v State of Madhya Pradesh, 2023 SCC OnLine SC 978 and Vishnu Kumar Shukla v State of Uttar Pradesh, 2023 SCC OnLine SC 1582. (Para …
Bharat Sher Singh Kalsia vs State of Bihar 2024 INSC 77 – S 482 CrPC – Contract Read More »