Daksh Pandit - The Blog of Daksh Pandit

Liquidated Damages in Construction Contracts: Legal Principles and Evolving Jurisprudence

A clause for liquidated damages is a distinctive feature of construction contract which entitles the employer to deduct from the amount payable to the Contractor, certain pre-estimated amount stipulated in the contract, in the event of breach of contract by the Contractor. Liquidated damages are governed by Section 74 of the Contract Act, 1872 [“the… Continue reading Liquidated Damages in Construction Contracts: Legal Principles and Evolving Jurisprudence

Vanishing of Stefan Zweig

The anatomy of human emotions is an intriguing subject which many writers in the past have extensively written about, drawing sustenance from their own personal experiences and transmuting personal torment into prose that effortlessly conveys the complexities of human psyche. While there are many writers with enormous bodies of work that address the vicissitudes of… Continue reading Vanishing of Stefan Zweig

Validity of Exclusive Jurisdiction Clause and Law Governing Territorial Jurisdiction of Court for Filing of Suit

Section 15 to 20 of the Code of Civil Procedure, 1908 [“CPC”] covers ‘Place of Suing’ and dictates in which Court the Suit ought to be filed, depending on particular facts and circumstances. While Section 16 to 19 cover specific kind of Suits, viz. Suits pertaining to immovable property, Suit for compensation, etc. and provides… Continue reading Validity of Exclusive Jurisdiction Clause and Law Governing Territorial Jurisdiction of Court for Filing of Suit

Doctrine of Merger and the Effect of Dismissal of SLP

The judgment or decree passed by the Court of first instance is often challenged in appeal in accordance with Appellate remedy provided under law. When the Appellate Court hears the parties on merits and passes an order, which may be in the nature of merely affirming the Judgment passed by the lower court, or modification… Continue reading Doctrine of Merger and the Effect of Dismissal of SLP

Reliefs in Civil Suit: Choosing the Right Prayer based on Possession and Title

A Civil Suit with respect to an immoveable property involves consideration of several facts and circumstances, in view of which a specific relief ought to be sought by the Plaintiff, failing which the Suit could result in a dismissal despite bringing on record all the relevant facts and documents. This article captures some of the… Continue reading Reliefs in Civil Suit: Choosing the Right Prayer based on Possession and Title

Doctrine of Lis Pendens vis-à-vis Specific Performance

Section 52 of the Transfer of Property Act, 1882 [“the Act”] embodies the doctrine of Lis Pendens which states that during the pendency in any court of any suit in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to… Continue reading Doctrine of Lis Pendens vis-à-vis Specific Performance

Much ado about Secularism

“Amend as you may even the solemn document which the founding fathers have committed to your care, for you know best the needs of your generation. But, the Constitution is a precious heritage, therefore, you cannot destroy its identity.” Secularism and Socialism On 24.04.1973, the Supreme Court delivered judgment in the matter of Kesavananda Bharati… Continue reading Much ado about Secularism

Trial and Death of Socrates

The religiously charged environment as we live in today and the cancel culture emanating therefrom, was not an enigma in the ancient times. The proverbial trial and death of Socrates is a classic example of a Greek tragedy, where a person of high moral principle is confronted step by step with a situation from which… Continue reading Trial and Death of Socrates

Rights of Prior User of Trade Mark | Trade Marks Act, 1999

The Trade Marks Act, 1999 [“the Act”] governs the registration of trademarks subject to various conditions enlisted in the provisions of the Act. This article discusses the rights of a prior user of a trade mark against a similar trade mark which is registered as per the provisions of the Act. Before addressing the issue,… Continue reading Rights of Prior User of Trade Mark | Trade Marks Act, 1999

Maintainability of Suit for Specific Performance in absence of a prayer of declaratory relief that Termination of Agreement to Sell was illegal

A suit for Specific Performance demands compliance with various mandatory conditions, noncompliance of which, would result in dismissal of the Suit for specific performance. These mandatory conditions are in the nature of Readiness and Willingness of the Plaintiff to perform the contractual obligations, as embodied in Section 16(c) of the Specific Relief Act, 1963 [“the… Continue reading Maintainability of Suit for Specific Performance in absence of a prayer of declaratory relief that Termination of Agreement to Sell was illegal

Enforcement of Domestic Arbitral Award in India

Enforcement of a Domestic Arbitral Award is governed by Part 1 of the Arbitration and Conciliation Act, 1996 [“the Act”]. Section 2(2) of the Act clarifies that Part 1 will apply to cases in which the place of arbitration is in India. Section 36 of the Act stipulates that an Arbitral Award shall be enforced… Continue reading Enforcement of Domestic Arbitral Award in India

Blurred Line Between Public Law and Private Law

It is no longer res integra that even in contractual disputes between the State and a Private party, the State has to stand the test of Article 14 of the Constitution which enjoins the state to act in a manner which is fair, just, equitable and devoid of the vice of arbitrariness. The law on… Continue reading Blurred Line Between Public Law and Private Law

Independence and Impartiality of Arbitral Tribunal

The Arbitration and Conciliation Act, 1996 [“the Act”] provides a speedy resolution of disputes to the litigants with minimal judicial interference. These two fundamental features of the Act are reflected in Section 29A of the Act which inter alia enjoins the Arbitral Tribunal to pass the Arbitral Award in a time bound manner i.e. within… Continue reading Independence and Impartiality of Arbitral Tribunal

Validity of Registered Sale Deed despite Non-Payment of Consideration

It is a settled position of law that an Agreement to Sell with respect to an immovable property does not, of itself, transfer rights or ownership in the immovable property in favour of the transferee unless the sale deed is registered in terms of Section 17 of the Registration Act, 1908. Without registration, the Agreement… Continue reading Validity of Registered Sale Deed despite Non-Payment of Consideration

Grounds of Challenge Under Section 34 | Arbitration

The Arbitration and Conciliation Act, 1996 [“the Act”] was enacted to provide speedy resolution of disputes to the parties with the objective of minimum judicial intervention, also enshrined in Section 5 of the Act, so as to make arbitration a more alluring alternative dispute resolution mechanism. Keeping the aforesaid objective in sight, various amendments have… Continue reading Grounds of Challenge Under Section 34 | Arbitration

Bar of Jurisdiction under Section 34 of SARFAESI Act

Almost every Special Legislation comes accompanied with a bar of jurisdiction, curtailing the powers of the Civil Courts to entertain the dispute which is determinable by the provisions of the Special Legislation. This article will examine the statutory bar of exclusive jurisdiction contained in Special Legislations with emphasis upon the bar envisaged in Section 34… Continue reading Bar of Jurisdiction under Section 34 of SARFAESI Act

Effect of Moratorium on proceedings initiated by the Corporate Debtor

Section 14 of the Insolvency and Bankruptcy Code, 2016 [“the Code”] proscribes institution of suits or proceedings against the corporate debtor once the adjudicating authority i.e. the National Company Law Tribunal [“NCLT”] admits an application filed under Section 7,9 or 10 of the Code. The objective behind bringing the suit proceedings against the corporate debtor… Continue reading Effect of Moratorium on proceedings initiated by the Corporate Debtor

Judicial Review vis-à-vis Government Contracts/Tenders

Award of Tenders by the Government involves a tedious process in strict adherance with the terms/guidelines stipulated in the tender documents which the bidders are required to strictly follow with no deviations in order to emerge as the successful bidder. More often than not, the unsuccessful bidders who get blacklisted by the Government or whose… Continue reading Judicial Review vis-à-vis Government Contracts/Tenders

Scope of Inherent Powers of NCLT/NCLAT vis-à-vis Section 12A of IBC

The Insolvency and Bankruptcy Code, 2016 [“IBC”] was enacted to bring the insolvency law in India under a single unified umbrella with the object of speeding up of the insolvency process in a time bound manner. Prior to the introduction of IBC, various other Acts, viz. Sick Industrial Companies (Special Provisions) Act, 1985; the Recovery… Continue reading Scope of Inherent Powers of NCLT/NCLAT vis-à-vis Section 12A of IBC

Determinability of Contracts under Specific Relief Act, 1963

Section 14 of the Specific Relief Act, 1963 [“the Act”] sets out classes of contracts which are not specifically enforceable under the Act viz.- Where a party to the contract has obtained substituted performance of contract in accordance with the provisions of Section 20; A contract the performance of which involves the performance of a… Continue reading Determinability of Contracts under Specific Relief Act, 1963