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Showing posts from July, 2025

Whether the employment contract would be "determinable nature" within the meaning of Section 14(d) of the Specific Relief Act.

 1. Brief Facts The case concerns Mr. Gaurav Rajgaria (Plaintiff) who was employed in a managerial capacity with Maruti Suzuki India Limited (Defendant No. 1). The Plaintiff instituted a civil suit alleging that his termination from service, effected through a termination letter dated 13.02.2023, was unlawful . The Plaintiff sought a declaration to that effect, along with prayers for reinstatement to service and compensation amounting to Rs. 2,00,00,000/- for loss of income, harassment, and undue hardship allegedly resulting from the termination  . It remained undisputed that the Plaintiff's employment was governed by the terms of an appointment letter dated 06.02.2006, which unequivocally permitted either party to terminate the contract upon giving three months' prior notice or by payment in lieu thereof . The Plaintiff did not dispute having received his contractual dues pursuant to the termination . In view of this admitted contractual framework, Defenda...

Delhi High Court: Microscopic Examination not permissible Under Section 37, but an unreasoned or non-speaking Arbitral Award can be set aside.

1. Brief Facts National Project Construction Corporation Limited (NPCC/Appellant) is a government company that was awarded a contract by Sardar Sarovar Narmada Nigam Limited (SSNNL/principal employer) for the construction of four aqueducts at rivers Deo, Karad, Mesari, and Kun. The present dispute pertains specifically to the construction of aqueducts over river Kun . The Appellant issued a work order (No. 32/0007) to M/s S.S. Sharma and Company (Respondent) for sinking of circular wells and other connected works for an amount of Rs. 23,34,000/- with a completion period of 18 months . The Respondent could not complete the entire awarded work within the stipulated time and only completed work worth Rs. 1,69,937/- in about six and a half months. Consequently, the Principal Employer terminated the contract on 14.05.1992 . Prior to the termination, the Respondent had stopped work effective 28.02.1992, allegedly due to its failure to pay its workmen despite having its bills cl...

WhatsApp Messages as an Arbitration Agreement?

In a recent decision of  Belvedere Resources DMCC  v. OCL Iron & Steel Ltd. & Ors.  the Hon'ble Delhi High Court, Hon'ble Mr. Justice Jasmeet Singh has ruled that WhatsApp messages between the parties would constitute as a valid arbitration agreement.  Before delving into the facts of this case, it is pertinent to reiterate the law laid down by the Hon'ble Supreme Court of India in this regard.  The Supreme Court of India's decision in Ambalal Sarabhai Enterprise Ltd. v. KS Infraspace LLP Limited (2020) is perhaps the most significant judgment addressing the evidentiary and contractual value of WhatsApp messages   . In this case, the Court specifically addressed the status of WhatsApp messages in the context of contract formation, stating: "The WhatsApp messages which are virtual verbal communications are matters of evidence with regard to their meaning and its contents to be proved during trial by evidence-in-chief and cross examination. The e-mai...