Articles

18th Jun, 2021

Delhi High Court’s take on celebrity rights/publicity rights and their relationship with right to privacy

In the matter of Krishna Kishore Singh Vs. Sarla A. Saraogi & Ors., CS(COMM) 187/2021 decided by the Hon’ble Delhi High Court on 10.06.2021. Facts of the case- The Plaintiff (father of late actor Sushant […]
15th Jun, 2021

Not mentioning date of service of demand notice in the complaint is not fatal to case under Section 138, Negotiable Instruments Act 1881

In the matter of Anil Kumar Goel v. State of UP & Anr. (No. 14190/2014) decided by the Allahabad High Court on 07.06.2021 FACTS: The Respondent No. 2 in the present case presented the cheque […]
14th Jun, 2021

The bank has the duty to scrutinize the documents to ensure that they are in conformity with the terms and condition of the Letter of Credit.

In the matter of UPL Limited vs. Standard Chartered Bank & Ors. (COMM SUIT NO. 12 OF 1999) decided by the Bombay High Court on 8th June 2021. FACTS- In the present suit, the Plaintiff […]
14th Jun, 2021

The legal guardianship of the property of the minor is vested only in the father or grandfather and not mother

In the matter of G. Premjee Trading Pvt. Ltd Vs. Abdul Kader Haji Noormohammad & Ors. Bearing Suit No. 1754/1994, decided by the Bombay High Court on 08.06.2021. Facts of the case- The Defendant No. […]
14th Jun, 2021

Courts have no power to deal with the question as to whether a particular caste, sub-caste, a group or part of tribe or sub-tribe is included in any of the entries mentioned in Constitution (Scheduled Tribes) Order 1950

In the matter of Shri Anandra Vithoba Adsul vs. State of Maharashtra & Ors. in Writ Petition no. 3370 of 2018 decided on 08.06.2021 decided by the Bombay High Court. Facts: The Petitioner impugned the […]
11th Jun, 2021

A probable undisclosed agreement or understanding, formal or informal, which has the tendency of restricting competitiveness during tendering process is essentially a matter of inference and no direct evidence is required

In the matter of O.K Marine vs ONGC and Ors. (WPC 95/2021) decided by the Bombay High Court on 08.06.2021 FACTS: The Petitioner was a sole proprietor of a firm carrying on business of fresh […]
10th Jun, 2021

Amendment cannot be allowed where it would amount to altering the nature of the suit

In the matter of Eknath Nivrutti Hegadkar vs. Aagatrao Dyanu Ghodake in Writ Petition no. 7436 of 2017 decided on 01.06.2021 decided by the Bombay High Court. Facts: The original plaintiff/ Respondent instituted a civil […]
10th Jun, 2021

Madras High Court issued interim guidelines/directions for proper recognition of the rights of LGBTQIA+ community and to ensure their safety and security.

In the matter of S.Sushma & Anr. Vs. Commissioner of Police & Ors., having W.P No. 7284 of 2021 as decided by the Hon’ble Madras High Court on 07.06.2021. The present case is one of […]
8th Jun, 2021

Contempt action can be taken only in respect of established wilful disobedience of court order

In the matter of Abhishek Kumar Singh vs. G. Pattanaik [Contempt Petition (Civil) 625¬-626 OF 2019] decided on 03.06.2021 by the Hon’ble Supreme Court FACTS: In these batch cases, the Uttar Pradesh Jal Nigam annulled […]
7th Jun, 2021

A Petitioner while approaching the court must come with clean hands and no material facts should be suppressed.

It is a settled principle that the petitioners while filing the Writ Petitions must come to the court with clean hands and no material facts should be concealed. In a recent judgment of Kerala High […]
5th Jun, 2021

Approval of a resolution plan falls exclusively in the domain of the commercial wisdom of CoC with limited scope of judicial review under Section 31, 32 read with Section 61 of the IBC

In the matter of India Resurgence Arc Private Limited v. M/s Amit Metaliks Limited & Anr. in Civil Appeal no. 1700 of 2021 decided on 13.05.2021 decided by the Supreme Court. Facts: The appellant challenged […]
5th Jun, 2021

A private unaided education institution, discharging a public duty is amenable to writ jurisdiction under Article 226 of the Constitution.

In the matter of Bineeta Patnaik Padhi Vs. Union of India & Ors. (W.P.A 5544 of 2021) as decided by the Hon’ble Calcutta High Court on 01.06.2021. Facts of the Case- In the present matter, […]