“Section 12(5) is a new provision which relates to the de jure inability of an Arbitrator to act as such. Under this provision, any prior agreement to the contrary is wiped out by the non-obstante clause in Section 12(5) the moment any person whose relationship with the parties or the counsel or the subject matter […]Read more "Section 12(5) of The Arbitration Act III"
“Araya Complex”, Sector 62, Golf Course Extension Road, Gurugram Respondent – Flat Purchaser entered Apartment Buyer’s Agreement with Appellant – Builder. Appellant – Builder, failed. Respondent – Flat Purchaser filed NCDRC, Consumer Complaint. “Respondent – Flat Purchaser could not be compelled to take possession at such a belated stage. The inordinate delay in handing over possession […]Read more "Four Crore Apartment"
“One neat question arises before this Court, which is, whether, when parties are governed by contract, a claim in quantum meruit under Section 70 of The Indian Contract Act, 1872 would be permissible. Section 70 occurs in Chapter V of The Contract Act. An early Judgment reported as Moselle Solomon v. Martin & Co., ILR […]Read more "The Law on Compensation for Breach of Contract IV"
“The policy of compassionate appointment is premised on the death of an employee while in harness. The death of an employee is liable to render the family in a position of financial hardship and need. Compassionate appointment is intended to alleviate the hardship that the family of a deceased employee may face upon premature death […]Read more "Section 16 of The Hindu Marriage Act"
07.01.2019 My Lord, Teachers are Employees under Section 2(e) of The Payment of Gratuity Act, 1972? “No. Clearly Not. See, Ahmedabad Pvt. Primary Teachers Association, (2004) 1 SCC 755.” – Hon’ble Justice Abhay Manohar Sapre, Birla Institute of Technology v. The State of Jharkhand, [Civil Appeal No. 2530 of 2012]. ________ 09.01.2019 My Lord, Teachers […]Read more "Section 2(e) of The Payment of Gratuity Act, 1972"
“The material questions, which are required to be gone into for grant of the relief of specific performance, are first, whether there exists a valid and concluded contract between the parties for sale/purchase of the suit property; second, whether the plaintiff has been ready and willing to perform his part of contract and whether he […]Read more "Relief of Specific Performance"
“Every breach of contract gives rise to an action for damages. Innocent party is to be placed, so far as money can do so, in the same position as if the contract had been performed. The aforesaid proposition remains to hold the field. This rule is more qualified when it comes to the real estate […]Read more "The Law on Compensation for Breach of Contract III"