Articles

24th Apr, 2019

In order to claim extended stay compensation, the Claimant ought to substantiate the claim by showing the damages that it has incurred due to such delay and mere delay per se is not sufficient to claim compensation

The Delhi High Court observed that while deciding a petition under Section 34 of the Arbitration and Conciliation Act, 1996, the Courts should not re-assess or re-determine the evidence and interfere with the arbitral award […]
24th Apr, 2019

The advent of RERA does not bar a homebuyer from approaching the Consumer Fora

The NCDRC held that a homebuyer may approach either RERA authorities or consumer fora and none of the acts bars the jurisdiction of the other. However, both remedies cannot be pursued concurrently. The above ratio […]
24th Apr, 2019

Tenants can be evicted only by following procedure laid down in applicable rent control law

The Supreme Court has observed that the protection offered to a statutory tenant by Rent Control Laws can only be overcome by following the procedure laid out in such laws.   The Supreme Court delivered […]
24th Apr, 2019

Person ineligible to be Arbitrator under Sec.12(5) of Arbitration Act cannot appoint another arbitrator

The Supreme Court has held that the appointment of arbitrator by a person who himself is ineligible to be an arbitrator as per Section 12(5) of the Arbitration and Conciliation Act 1996 is void ab […]
19th Apr, 2019

Mere financial assistance to buy property cannot be termed as Benami Transaction.

The Supreme Court has observed that mere financial assistance to buy a property cannot be the sole determinative factor/circumstance to hold the transaction as benami in nature.   The Court delivered the reasoning in the […]
19th Apr, 2019

Court cannot appoint an Arbitrator when the contract containing the Arbitration Clause is Insufficiently Stamped

The Supreme Court has held that it would be necessary for the Court before considering and passing final orders on an application under Section 11(6) of the Arbitration Act to await the adjudication by the […]
11th Apr, 2019

Every Judicial Order/ Judgement/quasi-judicial order deciding the lis between the parties should be supported by reason

The Apex Court held that Judicial orders/quasi-judicial orders passed by any court/tribunal/authority deciding the lis between parties should be supported by reasoning and parties as well as appellate courts are entitled to know the reason […]
11th Apr, 2019

Employees of ‘local bodies’ entitled to gratuity under payment of Gratuity Act

The provision in the State Act contemplating payment of Gratuity will be inapplicable in respect of the employees of the local bodies. The Supreme Court has held that the employees of the local bodies like […]
11th Apr, 2019

One sided clauses in Builder Buyer Agreements amount to Unfair Trade Practice within the meaning of Consumer Protection Act

The Apex Court held that a term of a contract which is one sided and opposed to the interest of the buyers cannot be final and binding if it is shown that the flat purchasers […]
11th Apr, 2019

Court can appoint independent Arbitrator only after resorting to the procedure in Arbitration Agreement

The Supreme Court recently observed that the High Court(s) while dealing with an application under Section 11(6) of the Arbitration and Conciliation Act, seeking appointment of an ‘independent Arbitrator’, should first resort to the mechanism […]
26th Mar, 2019

Once presumption under section 139 Negotiable Instrument Act is drawn, Complainant need not prove the source of fund till the accused discharges his burden.

The Supreme Court of India through Justice Mr. Abhay Manohar Sapre and Justice Mr. Dinesh Maheshwari in Rohitbhai Jeevanlal Patel versus State of Gujarat and Anr. Criminal Appeal No.508 of 2019  decided on 15.03.2019 held […]
26th Mar, 2019

Reimbursement of medical expenses cannot be deducted from claimants’ compensation receivable under the Motor Vehicles Act

The Bombay High Court held that there is a distinction between contractual liability under the contract of insurance (medical) and the statutory liability under the Act and reimbursement under the former cannot be adjusted against […]