2022: The year of 1263 judgments; 3 CJIs; and important firsts| An all inclusive Supreme Court roundup
With 1263 judgments delivered; three Chief Justices of India taking turns to lead the judiciary; a number of judges retiring and a
Contracts
Explained| Is there an absolute bar on judicial review of State’s ‘arbitrary’ action in matters arising from non-statutory contracts?
Supreme Court: On the issue of the scope of judicial review of action by the State in a matter arising from a
High Court of Justice- TCC | “Unusual and surprising” Dispute Resolution Procedure between Children’s Ark and Kajima Construction declared unenforceable due to unclarity
The High Court of Justice (Technology and Construction Court): While deciding the instant matter revolving around the Dispute Resolution Procedure
Del HC | Commercial wisdom of the parties in an agreement not to be revisited; arbitral tribunal cannot re-work the terms owing to commercial difficulties of one party
Delhi High Court: Vibhu Bakhru, J. while hearing an application against award of an arbitral tribunal has held that it would not
Analysis of Recent Changes in the RPT Framework vis-à-vis SEBI (Listing Obligations and Disclosure Requirements)(Sixth Amendment) Regulations, 2021
by Khushi Sharma* and Kashish Lalwani**
If the interpretation of a tender document is not accepted by Constitutional Court, can Court interfere with the interpretation? SC answers
Supreme Court: The Division Bench of Dinesh Maheshwari and Vikram Nath, JJ., while addressing a matter with regard to the tender document,
State can’t use mere possibility of more money in the public coffers to forgo contractual obligations: Supreme Court
“Equity demands that when the State failed to produce an iota of evidence of either financial loss or any other public interest that has been affected, it should be compelled to fulfill its promises.”
Merely having an explicit clause not sufficient to make time the essence of the contract: SC
Supreme Court: On the question as to ‘whether time is of the essence in a contract’, the bench of NV Ramana, CJ*
[Public Trust Doctrine] Kar HC | State largesse should not be marred by any arbitrariness while dealing with alienation of natural resources
Karnataka High Court: A Division Bench of Satish Chandra Sharma CJ and Sachin Shankar Magadum J allowed the petition, quashed the initial
Apple: A monopolist under Federal or State Law? A win for Epic or Apple? Read to know
United States District Court, North District of California: While issuing a permanent injunction, stating Apple could no longer prohibit developers linking to
Del HC | Can International Arbitration Award be assailed on ground of patent illegality? Is it permissible for arbitrator to award compound interest? HC answers
Delhi High Court: Vibhu Bakhru, J., held that the scope of interference with an arbitral award under Section 34 of the Arbitration
Explained| Interpretation of Contracts: Not our duty to delve deep into the intricacies of human mind: Supreme Court
Supreme Court: The bench of L. Nageswara Rao* and Vineet Saran, JJ has shed light on how Courts should proceed while interpreting
Pennsylvania SC nullifies “no- hire” provisions that are ancillary to a services contract between business entities, as such provisions impair job mobility of non-parties to the contract .
Supreme Court of Pennsylvania: While deliberating upon the question that whether no-hire, or “no poach,” provisions that are ancillary to a services
Government Contracts – Are the interests really balanced?
by Apurv Parashari*
Specific Performance — Principles Revisited
by Karl Shroff*