Commercial Contract

Recently, in the case of the State of Madhya Pradesh v. M/S Sew Construction Limited & Ors. , the Supreme Court ("SC") has held that discretion holds no place in matters relating to contracts unless the discretion has been expressly incorporated by the parties as part of the contract. ......

Recently, the Ministry of Labour and Employment notified Infosys that a joint conversation on the implementation of the non-compete provision prohibiting employees from joining a competing technology business within six months of leaving Infosys has been scheduled. ......

In an important judgment by the Madras High Court delivered on December 15, 2021, the Court explained the circumstances under which an aggrieved party is entitled to compensatory damages and restitutionary damages, respectively. ......

The Supreme Court of India ("SC") in the case Welspun Specialty Solutions Ltd. vs. ONGC , ("judgement") recently held that, merely having an explicit clause in a contract may not be sufficient to make time the essence of the contract. The SC determined whether the contract between Welspun Specialty Solutions Ltd. ("Welspun") and the Oil and Natural Gas Corporation ("ONGC") was one where time is of the essence. ......

On November 22, 2021, the Supreme Court of India in the case of Kewal Krishan vs. Rajesh Kumar & Ors. etc. , held that if a sale deed in respect of an immovable property is executed without payment of price and if it does not provide for the payment of price at a future, it is not a sale at all in the eyes of the law. ......

It is a fairly reasonable assumption to make that the famous or rather infamous relationship between law and morality would not apply to the commercial world of contractual arrangements. However, this is where morality clauses rear their heads to question that presumption. The morals or the morality clause, is a contractual provision in a contract or agreement that puts a restriction on certain behaviour emanating not from that person's commercial identity but from their personal life. These clauses tend to veer towards prohibiting behaviour that is frowned upon in society. ...

The Specific Relief (Amendment) Act, 2018 ("Amendment Act") has brought about significant amendments to the Specific Relief Act, 1963 ("Act"), the critical one being that specific performance is now (unless a case falls within the exceptions) the norm instead of a discretionary power with Indian Courts. Our present series of articles focus on the four exceptions to the specific performance rule. In Part 1 of the series we discussed substituted performance, in Part 2 we discussed contracts that involve a continuous duty which cannot be supervised by Courts, in Part 3 we discussed contracts involving personal qualifications and in this Part 4 we shall discuss the fourth exception that has been carved out i.e. contracts that are determinable in nature cannot be specifically enforced....

The Specific Relief (Amendment) Act, 2018 ("Amendment Act") has brought about significant amendments to the Specific Relief Act, 1963 ("Act"), the critical one being that specific performance is now (unless a case falls within the exceptions) the norm instead of a discretionary power with Indian Courts. Our present series of articles focus on the four exceptions to the specific performance rule. In Part 1 of the series we discussed substituted performance, in Part 2 we discussed contracts that involve a continuous duty which cannot be supervised by Courts and in Part 3 we discuss the third exception that has been carved out i.e. contracts involving personal qualifications cannot be specifically enforced....

The Specific Relief (Amendment) Act, 2018 ("Amendment Act") has brought about significant amendments to the Specific Relief Act, 1963 ("Act"), the critical one being that specific performance is now (unless a case falls within the exceptions) the norm instead of a discretionary power with Indian Courts. Our present series of articles focus on the four exceptions to the specific performance rule. In Part 1 of the series we discussed substituted performance and in Part 2 we discuss the second exception that has been carved out....