contractual dispute - The Legal Chamber

The Supreme Court held that tariff fixation for port facilities is a technical and expert-driven function, best adjudicated by specialized bodies like TAMP. It emphasized that contractual agreements cannot override statutory tariff-setting mechanisms under the Major Port Authorities Act, 2021. The Court remanded the matter to TAMP for fresh determination, underscoring the need for expert appraisal of tariff revisions and compliance with natural justice. Facts Of The Case: A bilateral agreement was executed in 1985 between Paradip Port Trust (now Authority) and Paradeep Phosphates Ltd. (PPL), then a public sector unit, for the exclusive use of a captive fertilizer berth. The agreement stipulated a tariff schedule, with a clause for future mutual enhancement. In 1993, the Port unilaterally...

The Supreme Court quashed an FIR under Sections 406 and 420 IPC, ruling that the dispute was purely civil in nature and lacked criminal intent. The Court condemned the misuse of criminal proceedings to pressure the appellants in a land deal, imposing ₹10 lakh costs on the complainant for abuse of legal process. It emphasized that contractual breaches must be resolved through civil remedies, not criminal prosecution, unless fraudulent intent is clearly established. The judgment reaffirmed the need for courts to prevent harassment via frivolous FIRs in commercial disputes. Facts Of The Case: The case involved appellants Mala Choudhary (a 70-year-old widow of an Army officer) and her daughter, who owned a 500-square-yard plot in Telangana. In 2020, they orally agreed to sell the land to a c...

Tag: contractual dispute

Supreme Court Ruling: Port Tariffs Must Be Set By Experts, Not Arbitrators

Supreme Court Quashes FIR in Land Dispute : Civil Dispute or Criminal Case?