Articles

11th Mar, 2024

Para-wise reply to a plaint is essential, Allegations deemed to be admitted unless specifically denied

In the matter of Thangam & Anr versus Navamani Ammal Civil Appeal No. 8935 of 2011 decided by the Hon’ble Supreme Court of India on 04.03.2024   FACTS: The issue pertained to the genuineness of […]
10th Mar, 2024

The doctrine of absolute privilege prohibits the entertainment of defamatory claims made against judges, counsel, witnesses or parties qua judicial proceedings made in Courts or tribunals.

In the matter of Pankaj Oswal vs. Vikas Pahwa, RFA (OS) 14/2023, decided by the Hon’ble Delhi High Court on 21.02.2024. Facts of the case– The Appellant instituted a defamation suit against the Respondent, who […]
10th Mar, 2024

Filing of Arbitration Petition u/S 34 of A&C act without a copy of the impugned Award is non-est

In the matter of Union of India v. NCC Limited [O.M.P (COMM) 66/2023] decided on 23.02.2024 by the Delhi High Court FACTS In the present case the arbitral award was made on 10.02.2022 and received […]
28th Feb, 2024

Single complaint is maintainable even for multiple dishonour of cheques under Negotiable Instruments Act, 1881 when cause of action is the same.

In the matter of A Adinarayana Reddy vs S. Vijaylakshmi & Anr Criminal Petition No. 5909 of 2023 decided by the Hon’ble High Court of Karnataka on 05.02.2024   FACTS: The present Petition was filed […]
28th Feb, 2024

No need for notice to invoke fresh arbitration under Section 21 of the Arbitration and Conciliation Act, 1996 where analogous arbitral proceedings pending

In the matter of Prime Interglobe Private Limited vs Super Milk Products Private Limited (ARB. P. 337/2023) decided by the Hon’ble Delhi High Court on 12.12.2023   FACTS: The matter pertained to disputes arising from […]
18th Feb, 2024

Fraud not being arbitrable due to complexity of evidence is an archaic view and has now become obsolete in view of the contemporary arbitration practice.

In the matter of Nilesh Shejwal vs. Agrowon Agrotech Industries Pvt. Ltd., Commercial Arbitration Petition No. 14/2022 decided by the Hon’ble Bombay High Court on 05.01.2024.   Facts of the case–   The Respondent terminated […]
18th Feb, 2024

Retweeting defamatory content is “publication” and may invite defamation

In the matter of Arvind Kejriwal vs State and Anr. (Crl. MC. 6347/2019) decided by the Hon’ble High Court of Delhi on 05.02.2024   FACTS: A video was uploaded on YouTube by one Sh. Dhruv […]
13th Feb, 2024

Disputed questions of facts cannot be adjudicated under Section 11(6) of A&C Act

  The Hon’ble Allahabad High Court vide its judgment dated 19.01.2024 in the matter of “M/s. Neelkanth Construction vs. Union of India & Ors.” had the occasion to deal with whether disputed or debatable questions […]
13th Feb, 2024

Individual / minority members of a Co-operative housing society cannot invoke arbitration clause in a development agreement.

In the matter of Ketan Champaklal Divecha vs. DGS Township Pvt. Ltd. & Anr., Arbitration Application (L) No. 21860/2023 decided by Hon’ble Bombay High Court on 02.01.2024. Facts of the case– A development agreement was […]
13th Feb, 2024

Children cannot claim any legal right over the property of a Parent during their lifetime.

In the matter of Dinesh Bhanudas Chandanshive vs The State of Maharshtra & Ors in WP(C) 7392 OF 2021 decided on 30.01.2024 by the Division bench of the Hon’ble High Court of Bombay   FACTS: […]
5th Feb, 2024

Mandatory Injunction Not ‘Consequential’ To Relief of Declaration, separate court Fee payable by plaintiff

In the matter of Bhagwanlal Sharma vs Government Kamla Nehru Kanya Uchchatar Mahavidalaya & Ors Misc Petition no. 2306 of 2023 decided on 24.01.2024 by The Hon’ble High Court of Madhya Pradesh Facts: In the […]
2nd Feb, 2024

Mere non-filing of Written Statement will not entitle a decree under Order VIII Rule 10 CPC

In the matter of Asma Lateef & Anr. Vs. Shabbir Ahmad & Ors. Civil Appeal No. 9695/2013 decided by Hon’ble Supreme Court of India on 12.01.2024. The facts of the case and issue on maintainability […]