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Judgments and Orders by Nihal Thareja

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Doctrine of Privity of consideration is not applicable in the Indian context

 19 June 2020

The Hon’ble Court observed that according to section 2(d) of the Indian Contract Act (1872), it is clear that in a valid contract the consideration need not flow from the promisee only. It could flow from any other person who is not a party to such c..

Posted in Others |   1445 hits

Dunlop cannot claim for damages as the contract was hit by doctrine of Privity

 19 June 2020

The court unanimously held that Dunlop Tyres Ltd. Could not claim for damages in this case. It observed that firstly, only a party to the contract can file a claim. Secondly, there was no consideration flowing from Dunlop to Selfridge hence there was..

Posted in Others |   708 hits

Violation of principles of natural justice by BCCI Commissioner under Rule 38

 18 June 2020

Rule 38 of BCCI Rules was examined and it was held that it only stipulated the creation of a committee and not a Commissioner to inquire concerning the procedure for conducting proceedings in case of misconduct, hence the appointment of commissioner ..

Posted in Others |   627 hits

Hockey India found not to be in contravention of anti-competitive agreements and dominant position

 16 June 2020

The CCI absolved Hockey India from all the allegations entering into anti-competitive agreements and abusing dominant position. It held that there was no contravention of provisions of the Competition Act by the HI however CCI set out a possibility o..

Posted in Others |   2734 hits

IHF was suspended from its recognition under FIH

 16 June 2020

On 28 April 2008, the Indian Olympic Association (“IOA”) temporarily suspended its recognition of the IHF. The IHF has challenged this decision in Indian courts. On 18 July 2008, officials of the FI and the IOA met in Hyderabad, India, and discussed,..

Posted in Others |   512 hits

Plaintiff cannot sue as a stranger to the agreement

 13 June 2020

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Posted in Others |   548 hits

Suit was valid, plaintiff entitled to costs

 13 June 2020

The court considered the current contract to be a perfectly valid contract and with good consideration. It was held that plaintiff and other persons interested could sue for the amount subscribed and defendant has to pay the money promised. Hence, th..

Posted in Others |   681 hits

Appeal dismissed without any costs

 09 June 2020

The court upheld the order of the High Court negativing the relief to the appellant, either because of lack of the privity of the contract or due to non-applicability of s.70 of the Act. The appellant had not done anything directly to the respondent...

Posted in Others |   2034 hits

Appeals succeed with costs

 09 June 2020

The contract which is -sought to be enforced by the present plaintiffs is, therefore, hit by Section 23 of the Indian Contract Act as being immoral and as such it is not enforceable in Court. In conclusion, the appeal succeeded, the Judgments and dec..

Posted in Others |   691 hits

International Association of Athletics Federations (IAAF) v. Athletics Federation of India (AFI) & Akkunji Ashwini, Priyanka Panwar, Tiana Mary Thomas & Sini Jose (2012) [Appeal allowed]

 06 June 2020

The appeal filed on 5 April 2012 by the International Association of Athletics Federations (IAAF) against the decision of the Indian Anti-Doping Disciplinary Panel issued on 17 March 2011 is admissible and upheld. Ms. Ashwini, Ms. Panwar, Ms. Mary Th..

Posted in Others |   984 hits

State of Bombay Vs. RMD Chamarbaugwala [Appeal allowed setting aside order of Bombay HC]

 06 June 2020

It was held that gambling or conducting the business of gambling is extra-commercium and hence not included within the meaning of ‘trade, commerce or intercourse’. Consequently, it is not protected by the fundamental right to trade and profession und..

Posted in Others |   14010 hits

Whether the deed created a charge in favour of the State bank in order to satisfy the debt under the letter of guarantee

 04 June 2020

M.C. Chacko was held not personally liable to satisfy the debt under the letter of guarantee. Properties which were under the Schedule A of the deed allotted to M.C. Chacko were also held not liable to satisfy the debt due to Kottayam Bank under the ..

Posted in Others |   3761 hits

Whether a stranger /third party can enforce the performance of the contract between the actual parties to a contract?

 04 June 2020

The action is brought by a mortgagee to enforce against a purchaser of the mortgaged property an undertaking that he entered into with his vendor. The mortgagee has no right to avail himself of that. He was no party to the sale. The purchaser entered..

Posted in Others |   2256 hits

Conflict of jurisdiction between Competition Commission of India and Telecom Regulatory Authority of India and the interplay of roles of the two regulators

 03 June 2020

The SC did not grant leave to petitioners and upheld the decision of The High Court. The SC recognized that the TRAI is sector specific regulator and has expertise to deal with the issues in the telecom sector, which arise from the Telecom Regulatory..

Posted in Others |   858 hits