Licence or Contract? Interpreting Section 416 and Section 141 of the NDMC Act
Brief: The appeal arose from a long-term Licence Deed dated 22.04.1982 executed between New Delhi Municipal Committee (“NDMC”) and Bharat Hotels Limited for development of a five-star hotel, providing for a licence fee subject to a capped enhancement clause. Disputes emerged when NDMC, relying on market valuation, issued a demand […]
Understanding The Concept Of Indemnity In Commercial Contracts
CONCEPT AND COMMERCIAL UNDERSTANDING OF INDEMNITY Commercial agreements are fundamentally concerned with the allocation of risk between the parties. One of the most widely used tools for such allocation is an indemnity clause, which obligates that “one party to compensate the other for losses arising under certain specified conditions”. Indemnity […]
The Principle of Just Desert and Judicial Discretion in Sentencing
Sentencing is the final stage of criminal justice system. Once guilt is established beyond reasonable doubt, the Court must translate that finding into an appropriate quantum of punishment, and it does so without any statutory formula. The result, has long been observed, is in the wide discretion vested in Courts […]
Attestation Does Not Silence Suspicion: The Supreme Court Clarifies The Law On Wills
BACKGROUND OF THE CASE The Hon’ble Supreme Court in Sardari Lal v. Bhishan Dass & Ors, examined the legal principles governing proof of a Will under the Indian Succession Act, 1925 (“Succession Act”) and the Indian Evidence Act, 1872 (“Evidence Act”). The judgment reiterates that although execution of a Will […]
Analysing the Karnataka Gig Workers’ Welfare Ordinance
India’s platform economy has witnessed a major rise over the past decade, propelled by digital transformation and the rapid proliferation of mobile-based services. Gig workers, who form the backbone of this economy, have become indispensable to urban lifestyles, delivering food, ferrying passengers, offering logistics support, and providing on-demand services ranging […]
Govt. advisory against collecting mobile number of customers by retailers
The Ministry of Consumer Affairs has recently issued an advisory directing retailers not to insist on the personal contact details of customers for providing certain services. The Ministry Official has been quoted saying the following (as reported): The advisory has been issued following several consumer complaints. Customers have complained about […]