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Legal Intelligence · Contracts & Commercial

Contracts & Commercial legal & regulatory updates

Briefly tracks contracts & commercial developments — court rulings, legislation, gazette notices, and regulatory updates — from courts and regulators. 42 updates tracked in the past 30 days, last updated 7 Aug.

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Legal News
Nigeria
Case Law

Zamfara State High Court: Death Sentence by Hanging for Abdulshakur Tukur

Abdulshakur Tukur and Abdullahi Buba were sentenced to death by hanging for conspiracy and murder. The Zamfara State High Court convicted them based on evidence presented by both the prosecution and defence teams.

7 Aug
Canada
Case Law

Ontario Court of Appeal: Ontario Fleet Insurance OPCF 21A Exclusion Affirmed

The Ontario Court of Appeal has upheld an insurance coverage exclusion in a fleet policy, ruling that a rental company's failure to schedule a vehicle prior to an accident bars the claim for damages. This decision is significant for practitioners and businesses as it highlights the importance of accurately scheduling vehicles on a fleet policy and the consequences of failing to do so. The court's ruling underscores the need for insurers and policyholders to carefully review and comply with the terms of their policies, particularly in regards to coverage exclusions. The relevant statutes and regulations involved in this case include the Ontario Policy Change Form Monthly Reporting Basis Fleet Endorsement (OPCF 21A), which creates three categories of vehicles with different coverage triggers. The court's decision is also informed by the standard fleet endorsement, which includes an insurance coverage exclusion for vehicles not scheduled prior to the policy's effective date. The key parties involved in this case are West York Sales and Leasing Inc., the owner of the vehicle, 8182485 Canada Inc., operating as Platinum Car and Truck Rental, the lessee, and The Dominion of Canada General Insurance Company, operating as Travelers Canada, the insurer. Practitioners should take note that this decision emphasizes the importance of accurate scheduling and compliance with policy terms to avoid coverage disputes.

7 Aug
India
Case Law

Chhattisgarh High Court: Strict Compliance Required Under Section 20(2) Phone Tapping Law

The Chhattisgarh High Court recently held that telephone wiretapping is a severe intrusion upon the fundamental right to privacy under Article 21 of the Constitution. This decision has significant implications for the use of phone tapping as an investigative tool, particularly in cases involving corruption and other serious crimes. The court's ruling emphasizes the need for strict adherence to statutory procedures under Section 20(2) of the Telecommunications Act, 2023, which governs the interception of telephone communications. Practitioners should be aware that any use of phone tapping must be strictly in accordance with the law and that the courts will closely scrutinize such actions. The relevant statutes and regulations involved here are the Constitution of India, particularly Article 21, which guarantees the right to life and liberty, and the Telecommunications Act, 2023. The court's decision highlights the importance of balancing national security concerns with individual rights to privacy. The key parties involved in this matter are the Chhattisgarh High Court, the Central Bureau of Investigation (CBI), and the petitioner, Ravi Shankar Ji Maharaj. Practitioners should take note of this ruling and ensure that they are aware of the strict requirements for phone tapping under the law. Any use of such investigative tools must be carefully considered to ensure compliance with statutory procedures.

7 Aug
India
Case Law

NCDRC Grants Relief to Smartworld Orchard Homebuyers

The NCDRC admitted two consumer complaints against Smartworld Orchard developer alleging misrepresentation and improper Occupation Certificate. Developer undertook not to cancel any allotment without the Commission's leave, granting homebuyers interim protection.

7 Aug
India
Case Law

Supreme Court: Ad Valorem Court Fees Apply to Section 54 Challenges

The Supreme Court has ruled that appeals under Section 54 of the Land Acquisition Act, 1894 (since repealed) challenging statutory benefits attract ad valorem court fees. Challenges to solatium, additional amount, and statutory interest under Section 54 now incur these fees.

7 Aug
India
Case Law

Delhi HC: FSSAI Order Against Dabur's '100% Pure' Claims Stays

The Delhi High Court stayed FSSAI's order banning Dabur from using '100% Pure' claims on its food products. Dabur argued that the FSSAI's order was passed without following due process and that the officer who issued the ban did not have the necessary powers to prohibit the sale of these products.

7 Aug
Malawi
Legislation

Malawi High Court: TotalEnergies Fuel Refund Judgment Allows K824bn Recovery

Malawi's High Court Commercial Division has granted the Government of Malawi and Prima Fuels Limited the right to recover fuel supply refunds. The court found that TotalEnergies Marketing Limited breached a fuel supply agreement.

7 Aug
India
Case Law

Cyril Amarchand Mangaldas Advises Valmet Flow Control Oy on Severn Group Acquisition

Valmet Flow Control Oy acquired Severn Group, an industrial valve manufacturer with operations in the USA, UK, and India. Cyril Amarchand Mangaldas advised Valmet on the Indian leg of the transaction.

6 Aug
Botswana
Legal News

Botswana High Court: Directors Liable for Reckless Trading Under Insolvency Laws

In Botswana, many businesses are struggling to stay afloat due to declining sales, delayed customer payments, and increasing pressure from creditors. The current economic climate has left directors with the difficult decision of whether to continue operating or seek business rescue or liquidation. The legal significance of this situation lies in the potential consequences for directors who engage in reckless trading. If found liable, they may face personal liability for the company's debts and could even be disqualified from acting as a director in the future. This highlights the importance of careful financial management and compliance with relevant laws and regulations. The legal context in Botswana is governed by the Companies Act (Cap 51:01) and the Insolvency Act (Cap 18:03), which provide for business rescue and liquidation procedures. The courts, including the High Court and the Industrial Court, play a crucial role in interpreting these laws and making decisions on business rescue and liquidation applications. Key parties involved include directors of struggling businesses, creditors, and regulatory bodies such as the Botswana Companies and Intellectual Property Authority (CIPA). Practitioners should be aware of the potential risks and consequences for directors who engage in reckless trading and ensure that their clients are complying with relevant laws and regulations. They should also monitor developments in business rescue and liquidation procedures to stay up-to-date on changes to the legal framework.

3 Aug

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