“The issues arising relate to procurement of 36 Rafale Fighter Jets for the Indian Airforce. It is our considered opinion/view that the extent of Permissible Judicial Review in matters of contracts, procurement, etc. would vary with the subject matter of the contract and there cannot be any Uniform Standard or Depth of Judicial Review which […]Read more "The Nature of Judicial Power: 36 Rafale Fighter Jets"
” By The Specific Relief (Amendment) Act 2018, Section 14 has been amended. In the present case, we are not called upon to examine the effect of this amended provision. The issue before this Court is whether Section 14(3)(c)(iii) is a bar to a suit by a developer for specific performance of a development agreement between […]Read more "Section 14(3)(c)(iii) of The Specific Relief Act, 1963"
“This appeal is directed against the Final Judgment and Order dated 01.09.2009 passed by The National Consumer Disputes Redressal Commission in First Appeal No. 93 of 2004 whereby the National Commission allowed the appeal and set aside the Order dated 19.01.2004 of The State Commission, West Bengal, Kolkata. A surgeon cannot and does not guarantee […]Read more "Medical Negligence and Consumer Law I"
“Prior to the decision in Taylor v. Caldwell, (1861-73) All ER Rep 24 the law in England was extremely rigid. A contract had to be performed, notwithstanding the fact that it had become impossible of performance, owing to some unforeseen event, after it was made, which was not the fault of either of the parties […]Read more "Section 56 of The Indian Contract Act, 1872 II"
My Lord, What is the difference between an Amendment and a Waiver, in context of The Indian Contract Act, 1872? Amendment It is settled law that an amendment to a contract being in the nature of a modification of the terms of the contract must be read in and become a part of the original […]Read more "Section 62 – Amendments and Section 63 – Waivers"
“Recently in Afcons Infrastructure Ltd. v. Nagpur Metro Rail Corporation Ltd., 2016 (8) SCALE 765 a Two-Judge Bench eloquently exposited… “We may add that the owner or the employer of a project, having authored the tender documents, is the best person to understand and appreciate its requirements and interpret its documents. The Constitutional Courts must […]Read more "Tender Law IV"
My Lord, Is the 1997 Amendment to Section 28 of The Indian Contract Act, 1872 clarificatory or declaratory of the law, and hence retrospective? No. “What emerges on a reading of the Law Commission Report together with the Statement of Objects and Reasons for the Amendment is that the Amendment does not purport to be […]Read more "Section 28 of The Indian Contract Act, 1872"