Contract Act Archives

2024 SCC Vol. 6 Part 1

Arbitration and Conciliation Act, 1996 — Ss. 11 & 8 and 16 r/w S. 7: Law clarified on harmonious construction of Arbitration

Op Eds OP. ED.

Consent Fatigue and Clickwrap Agreements: Is Current Data Consent Law in India Fit for This Purpose?

by Yash Bajpai* and George Janssen**

DSK Legal Experts Corner

Battle of Forms: Determining the Prevailing Terms in a Contract Formed by the Exchange of Forms

by Rajat Pradhan* and Deepshikha Bhati**

Case Briefs High Courts

‘Educational certificates are not marketable commodities under Contract Act’ ; Madras HC directs Thanjavur Medical College to return Student’s original certificates

“Educational certificates are not marketable commodities within the meaning of Section 171 of the Contract Act, 1872.”

Op Eds OP. ED.

Embracing the Cavendish Test for Greater Autonomy in Contract Law

by Ashish Jha†

Op Eds OP. ED.

Jurisdiction in Cybercrimes and Civil Disputes

by Nishant Verma†

vague uncertain agreements not capable of specific performance

Cases Reported Never Reported Judgments

Never Reported Judgment| Vague and uncertain agreements in a contract are not capable of specific performance [(1952) 2 SCC 547]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on specific performance of contract.

Experts Corner Vasanth Rajasekaran

Construction Arbitration: Navigating Risks, Resolving Disputes, and Securing Damages

by Vasanth Rajasekaran* and Harshvardhan Korada**
Cite as: 2024 SCC OnLine Blog Exp 13

Cases Reported SCC Weekly

2023 SCC Vol. 9 Part 3

Liquidated Damages: In this article, the author clarifies misconceptions which have arisen about Section 74 of the Contract Act because of certain

Case Briefs High Courts

Delhi High Court| Delay in the handing over of the Right of Way is a material breach of contract if it affects the issuance of the Completion Certificate

The Court is not meant to act as a Court of first appeal and cannot supplant its view over that of the Arbitral Tribunal.

Case Briefs High Courts

Delhi High Court refuses decree of specific performance in view of creation of third-party interests; Directs compensation of Rs. 15 lakhs

The principle governing the evidence in civil cases is that there should be a preponderance of the events which should be proved unlike in criminal matters, where the evidence have to be proved beyond a reasonable doubt. Moreover, the burden of proof is on the party which will suffer if such evidence is not proved.

Case Briefs High Courts

Delhi High Court injuncts Khesari Lal Yadav from selling any new song to third party till 30-09-2025 in view of an agreement with Global Music Junction

The agreement between the parties is not a contract between an employee-employer or a manager-sportsperson contract, rather they are commercial contracts entered into between parties with equal bargaining power and for mutual commercial benefit. Thus, the agreements between the parties are neither ‘excessively one sided’ nor they impose a ‘bondage’.