12 August 2024

Search Results for Tag : Contractual

International Cases

Onus is on the party seeking specific performance to prove the terms of the contract and compliance with any antecedent or reciprocal obligation(30.10.2023)

Present is an appeal against the judgment and order of the High Court, upholding the Respondent’s special plea that, the contractual relief sought by .....

Tags : Contractual relief, Denial, Legality

Notifications & Circulars

SEBI mulls Brightline Tests for Acquisition of ‘Control’(14.03.2016)

The Securities and Exchange Board of India released a discussion paper .....

Tags : Brightline test, control, acquisition contractual

Top Story

Government proposes quick settlement of contractual disputes to promote ease of doing business(08.02.2023)

The Ministry of Finance circulated a draft scheme. The government intends to bring one time settlement scheme called “Vivad se Vishwas II (Contractual.....

Tags : Contractual disputes, Quick settlement, Disputes

Government launches one-time settlement Scheme for Contractual Disputes(02.08.2023)

The Department of Expenditure, Ministry of Finance, has launched the scheme, "Vivad se Vishwas II - (Contractual Disputes), to effectively settle the .....

Tags : Settlement Scheme, Launch, Contractual Disputes

Judgments

NCLT does not have any residuary jurisdiction to entertain contractual dispute(23.11.2021)

Present appeal arises from a judgment of the National Company Law Appellate Tribunal. The NCLAT upheld the interim order of the National Company Law T.....

Tags : Contractual dispute, Proceedings, Jurisdiction

Service rendered as casual/contractual cannot be said to be service rendered on a substantive appointment(24.03.2023)

The Director General, Doordarshan Prasar Bharti Corporation of India and another have preferred the present appeal feeling dissatisfied with the impug.....

Tags : Contractual employee, Rules, Applicability

Sub-Contractor shall not have any contractual relationship with the owner, and shall not be entitled to prefer any claims against the owner(16.06.2023)

Challenge in present Appeal is against the `Impugned Order' passed by the `Adjudicating Authority', by which Order, the `Adjudicating Authority' has d.....

Tags : Contractual relationship, Claim, Legality

Disputes arising out of purely contractual obligations cannot be entertained by High Court in exercise of the extra ordinary writ jurisdiction(09.05.2024)

The brief controversy presented for adjudication in present appeals is whether the High Court in exercise of writ jurisdiction, was entitled to entert.....

Tags : Writ jurisdiction, Dispute, Contractual obligation

News

Maternity Benefits to Contractual Employees can't be Denied: Kerala HC(03.01.2019)

Kerala High Court has reiterated that maternity benefits cannot be denied to women employees just because they are contractual employees.

Tags : Kerala High Court, Maternity Benefits to Contractual Employees

Supreme Court: Contractual Workers Entitled to Provident Fund Benefits(20.01.2020)

Supreme Court has ruled that casual workers are entitled to social security benefits under the Employees’ Provident Funds and Miscellaneous Provisions.....

Tags : Supreme Court, Contractual Workers

Bombay High Court Grants Status Quo Relief to SpiceJet Contractual Employees(27.01.2022)

Bombay High Court has directed SpiceJet in an interim order that no new contractual employees or personnel be deployed by any agency. Further, the Cou.....

Tags : Bombay High Court, SpiceJet Contractual Employees

Delhi HC: Injunction for Interference with Contractual Relations Violates Article 19(5)(19.05.2020)

Delhi High Court has held that providing injunction for alleged interference with contractual relations of two parties, in absence of any law, would v.....

Tags : Delhi High Court, Injunction for Interference with Contractual Relations

Delhi High Court: Contractual Clauses and Party’s Conduct Infer Seat of Arbitration(20.02.2024)

Delhi High Court has held that determination of seat of arbitration should be done on the basis of the clauses of agreement and the conduct of parties.....

Tags : Delhi High Court, Seat of Arbitration, Contractual Clauses

SC: NCLT Has Jurisdiction to Adjudicate Contractual Disputes(08.03.2021)

Supreme Court has observed that the National Company Law Tribunal has jurisdiction to adjudicate contractual disputes, which arise solely from or whic.....

Tags : Supreme Court, Contractual Disputes

P&H HC Declines Protection to Couples in "Contractual Live-In-Relationship"(12.03.2021)

Punjab & Haryana High Court has declined protection to a couple, registering its disapproval of 'new concept of contractual Live-In-Relation' backed b.....

Tags : Punjab & Haryana High Court, "Contractual Live-In-Relationship"

SC: Legal Representatives Not Responsible to Discharge Contractual Obligations of Deceased(04.03.2024)

Supreme Court has held that in the case of a personal obligation imposed on deceased, his estate doesn’t become liable and therefore, the legal repres.....

Tags : Supreme Court, Legal Representatives, Contractual Obligations

JKL HC: No Absolute Bar to Invoke Writ Jurisdiction in Contractual Matters With State(16.03.2023)

Jammu and Kashmir and Ladakh High Court has observed that there has been paradigm shift in approach of the Courts in exercise of its Writ Jurisdiction.....

Tags : Jammu and Kashmir and Ladakh High Court, Writ Jurisdiction, Contractual matter

Supreme Court: Workers Performing Perennial/Permanent Nature of Work Not Contractual Workers(14.03.2024)

Supreme Court while granting regularization to workers, has held that workers involved in performing perennial/permanent nature of work cannot be cons.....

Tags : Supreme Court, Contractual Workers, Regularization

Del. HC: Women Working on Contractual Basis Also Entitled to Benefits Under Maternity Benefit Act(14.03.2024)

Delhi High Court has observed that women working on a contractual basis are also entitled to benefits under the Maternity Benefit Act, 1961 even if th.....

Tags : Delhi High Court, Maternity Benefit Act, Contractual Basis

SC: States to Inform About Steps Taken to Regularise Special Teachers Engaged on Contractual Basis(14.03.2024)

Supreme Court has asked all the States to disclose information regarding the steps taken in order to regularise the services of special teachers engag.....

Tags : Supreme Court, Contractual Basis, Regularise

Madhya Pradesh HC: If Efficacious Remedy Available Before Arbitrator Writ Will Not be Maintainable(15.04.2024)

Madhya Pradesh High Court has held that if an efficacious contractual remedy is available before the Arbitrator then the writ petition will not be ent.....

Tags : Madhya Pradesh High Court, Contractual Remedy, Writ Petition

Delhi HC Directs ESIC to Constitute Committee to Frame Policy for Welfare of Contractual Workers(08.02.2022)

Delhi High Court has directed the Employees' State Insurance Corporation (ESIC) to constitute a committee which will frame a policy for the welfare of.....

Tags : Delhi High Court, Policy for Welfare of Contractual Workers

SC: Writ Jurisdiction Can be Applied When Contractual Terms Imposed by State are Arbitrary(09.02.2023)

Supreme Court while invalidating GAIL's Condition imposed on IPCL, has held that if the State in its contractual dealings fails to exercise a degree o.....

Tags : Supreme Court, Writ Jurisdiction, Contractual Terms, Arbitrary

Bombay HC: Threshold of Public Interest Must to Stop Bypassing of Civil Courts(29.03.2022)

Bombay High Court has held that a writ Court should not exercise its powers in contractual matters under Article 226 of the Constitution, unless the s.....

Tags : Bombay High Court, Public Interest, Civil Court, Judicial Review, Contractual Obligation

SC: Service Rendered as Contractual Employee Won't Qualify for Pensionary Benefits(29.03.2023)

Supreme Court while observing that Service rendered as contractual cannot be said to be service rendered on a substantive appointment has held that ne.....

Tags : Supreme Court, Pensionary Benefits, Contractual Employee

Apex Court Refuses to Regularise Bihar Contractual Teachers Jobs(10.05.2019)

Supreme Court has in a major setback to at least 3.5 lakh contractual teachers in Bihar refused to regularise their jobs.

Tags : Apex Court, Bihar Contractual Teachers

Karnataka HC: Scope of Judicial Review in Contractual Matters is Extremely Limited(19.06.2024)

Kar. HC has observed that scope of judicial review in contractual matters is extremely limited and it is in rare category of cases that writ of mandam.....

Tags : Karnataka High Court, Judicial Review, Contractual Matters

Cal. HC: Engagement on ‘Sensitive Posts’ on Contractual Basis Creates Difficulty(01.08.2024)

Calcutta High Court has held that the posts of ‘Stenographer’, ‘Bench Clerk’ are very sensitive post for functioning of District Judiciary. Engagement.....

Tags : Calcutta High Court, District Judiciary, Contractual Basis, Stenographer

Punjab & Haryana HC: Appointment on Contractual Basis Without Public Advertisement Not Regularized(11.04.2022)

Punjab and Haryana High Court has observed that employees appointed on contractual basis sans any advertisement and contrary to the provisions of Arti.....

Tags : Punjab and Haryana High Court, contractual basis, advertisement, Article 14, Article 16, Constitution of India

Del. HC: Arbitral Award Gets Vitiated if Basic Contractual Framework Misunderstood(25.07.2024)

Delhi High Court has held that if there is any misreading/misunderstanding of the basic contractual framework, the award gets vitiated and makes it vu.....

Tags : Delhi High Court, Contractual Framework, A&C Act

Gujarat HC: Scope of Judicial Review is Limited in Contractual Matters Involving Technical Issues(13.06.2022)

Gujarat High Court while refusing to interfere with order of Dispute Resolution Panel, has held that the scope of judicial review in contractual matte.....

Tags : Gujarat High Court, Contractual Matters, Technical Issues

SC: Government Bodies Expected to Uphold Fairness & Equality While Dealing With Contractual Matters(07.10.2024)

SC has stated that Govt. bodies are expected to uphold fairness, equality & public interest while dealing with contractual matters. Right to equality .....

Tags : Supreme Court, Contractual Matters, Government Bodies

Chhattisgarh HC bar University From Replacing Guest Lecturer Except by Way of Regular Appointment(05.05.2022)

Chhattisgarh High Court has reiterated that because a person is selected as a Guest Lecturer at a college or a University, doesn’t mean that he/she do.....

Tags : Chhattisgarh High Court, contractual appointments, legitimate expectation, Guest Lecturer, complaint

Chhattisgarh HC bars University From Replacing Guest Lecturer Except by Way of Regular Appointment(05.05.2022)

Chhattisgarh High Court has reiterated that because a person is selected as a Guest Lecturer at a college or a University, doesn’t mean that he/she do.....

Tags : Chhattisgarh High Court, contractual appointments, legitimate expectation, Guest Lecturer, complaint

SC: State Must Abide by Article 14, Irrespective of Being in the Contractual Realm(07.07.2023)

Supreme Court has held that despite the fact that the issue falls into the contractual realm, the State has an obligation to comply with the requireme.....

Tags : Supreme Court, Contractual Realm, Article 14

JKL HC: Safeguards Available to Regular Employee Not Available to Contractual Employee(13.07.2023)

Jammu and Kashmir High Court has held that person not working as a regular employee but is engaged on temporary basis on consolidated wages does not h.....

Tags : Jammu and Kashmir High Court, Contractual Employee, Safeguards

Calcutta High Court: Raise Pay of 11 Contractual Teachers(05.07.2019)

Calcutta High Court has directed the state education department to pay at least Rs 14,500 as the the minimum basic pay of assistant teachers to 11 te.....

Tags : Caclutta High Court, Contractual Teachers

HP HC: Contractual Workers Also Entitled to Benefits Under Maternity Benefits Act(20.07.2020)

Himachal Pradesh High Court has held that the benefit of maternity leaves is available to contractual employees also, with all consequential benefits,.....

Tags : Himachal Pradesh High Court, Maternity Benefit, Contractual Employees

Delhi HC Orders 50% Salary Arrears Payment to Contractual Employees of DCW(23.12.2016)

Delhi High Court has ordered release of 50% salary arrears of contractual employees of Delhi Commission for Women (DCW), that includes acid attack vic.....

Tags : Delhi High Court, Delhi Commission for Women, contractual employees

Punjab & Haryana HC Terms Ad Hocism Arrangement in Educational Institutions a Disease(02.01.2017)

Punjab and Haryana High Court, miffed over ad hocism and contractual arrangements in educational institutions across Haryana, has said such appointmen.....

Tags : Punjab & Haryana HC, contractual, educational institutions

SC: Can’t Expect Excellence in Institutions When There is Constant Inflow and Outflow of Teachers(14.09.2023)

Supreme Court while expressing concerns at the National Law University, Jodhpur, operating only with contractual teachers, has observed that one canno.....

Tags : Supreme Court, Teachers, Contractual

SC: Continuous Working on Contractual Basis Doesn’t Created Any Legal Right for Regularization(19.09.2023)

Supreme Court has held that continuous working in an institute on contractual basis does not create any legal right in their favour to be absorbed or .....

Tags : Supreme Court, Contractual Basis, Regularization

J&K High Court: Courts Can’t Compel Employer to Extend Contractual Relationship Once it Ends(12.03.2025)

J&K High Court has observed that Court's role is limited to ensuring that the termination of the contract is done in accordance with the law but it ca.....

Tags : J&K High Court, Contractual Relationship, Employer

Allahabad High Court Stays Hiring of Contractual Employees by State Government(25.11.2019)

Allahabad High Court has restrained the State Government from engaging service providers to provide contractual employees against regular sectioned po.....

Tags : Allahabad High Court, Contractual Employees

SC: Once Employee is Regularised, Contractual Service Must Count Towards Pension(01.05.2025)

Supreme Court has held that upon regularization of employee, the Pension Rules become applicable and under Rule 17 of the Central Civil Services (Pens.....

Tags : Supreme Court, Rule 17, Contractual Service, Pension

NCLAT: If there is Existence of Arbitration Clause NCLT Can’t Adjudicate Disputed Contractual Claims(05.05.2025)

NCLAT Chennai bench has observed that NCLT is not the appropriate forum to adjudicate a disputed contractual claim if there is existence of an arbitra.....

Tags : NCLAT Chennai, NCLT, Contractual Claims

NCLAT: In Absence of Contractual Clause Interest for Delayed Payments Can’t Form Part of OD(12.05.2025)

NCLAT New Delhi bench has held that interest on the unilateral invoices for the delayed payment cannot form part of the operational debt in absence of.....

Tags : NCLAT New Delhi, Contractual Clause, Delayed Payments

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