Articles

31st Jul, 2018

If an Executor to a Will fails his duty, the beneficiaries/legatees to that Will may intervene.

In a recent judgment, the Delhi High Court, held that in case of a petition for probate of a Will, if the executor fails in his duty, any of those whom he represents are entitled […]
30th Jul, 2018

No frustration of contract if parties agree that force majeure condition would not operate

The Delhi High Court reiterated, that if parties to a contract agree to fulfil their obligations despite an intervening/force majeure circumstance, there can be no frustration of contract, in the matter of Bharat Heavy Electricals […]
28th Jul, 2018

Final Decision by an Adjudicatory Authority, if not challenged would be res judicata in a later proceeding between the parties

The Delhi High Court in Bayerische Motoren Werks AG  vs Madan Walia RFA No. 602/2005 decided on  9th July, 2018 held that the issues between the parties already stand decided by the judgment of Intellectual […]
26th Jul, 2018

When in a previous suit between the same parties, the Plaintiff has failed to prove ownership to suit property, subsequent suit on the same point shall be barred as res-judicata

The High Court of Delhi in a recent judgement held that if an issue pertaining to ownership of a particular property has been previously decided in another suit between the same parties, the subsequent suit […]
24th Jul, 2018

Written Statement of Defendant can still be looked into when the defense has been stuck off under Order XVA.

The High Court of Delhi in a recent judgement held that even if the defense of the Defendant/Tenant has been struck off, the Written Statement filed by the said Defendant can be relied upon by […]
23rd Jul, 2018

The non-mention of the gift deed and a contrary bequest in the Will makes the Will suspect.

  The High Court of Delhi held that all the circumstances such as, long gap of time, the non-mentioning of the gift deed, the non-production of an official from the Sub-Registrar’s Office, non-familiarity of the […]
20th Jul, 2018

Presumption u/s 139 of Negotiable Instruments Act can’t be rebutted by mere denial.

The Supreme Court reiterated that mere denial of a debt or liability cannot shift the burden of proof from the accused in a case of dishonour of the cheque. The Court also made it clear […]
18th Jul, 2018

An unregistered agreement to sell can be made basis for a suit for specific performance without having any effect under Section 53A of the Transfer of Property Act, 1882

The Supreme Court held that an unregistered agreement to sell can be received as evidence of a contract in a suit for specific performance however, the protection under Section 53A of Transfer of Property Act 1882 would not be available in case of unregistered agreement […]
17th Jul, 2018

Legal principles for proving of a will – Recapitulated

The Madras High Court was faced with a suit for grant of letter of administration wherein the it restated while applying the existing legal principles for proving genuineness of a will. The judgement was delivered […]
14th Jul, 2018

There is an implied surrender of tenancy when the tenant either explicitly or by necessary implication executes a mortgage deed with respect to the subject premise.

In a recent judgment, the Hon’ble High Court of Bombay held where a landlord executes a mortgage deed in favour of tenant in possession of the premises, this will amount to implied surrender of tenancy […]
12th Jul, 2018

Arbitral Tribunal has the power to Award interest unless specifically barred from awarding

The Supreme Court has again reiterated that an arbitrator has the power to award interest unless specifically barred from awarding it; and the bar must be clear and specific. This was so held in the […]
11th Jul, 2018

Salary Certificate not the only basis for Assessing Income of the Deceased for Calculating Compensation in cases of Motor Accident Claims.

The Apex Court in a recent judgment held that there is nothing in the law which requires the Tribunal to assess the income of the deceased only on the basis of a salary certificate for […]