Articles

16th Oct, 2020

SLP is not maintainable against an order rejecting the review petition when main judgment is not under challenge

The SC in T.K. David v. Kuruppampady Service Co-operative Bank Ltd. decided on 05.10.2020 has reiterated that when the main judgment of the High Court has not been challenged, no relief can be granted by […]
12th Oct, 2020

Application made at the appellate stage to withdraw the suit cannot be allowed by the court if granting such permission would have the effect of depriving or destroying or nullifying or annulling any right which has come to be vested with the defendant under the decree

Kerala High Court on 05.10.2020 in the matter of Sabu Issac Vs. Antony Chacko in OP (C). No. 123/2020 and OP (C). No. 173/2020 held that “an application made at the appellate stage to withdraw […]
29th Sep, 2020

Central Pollution Control Board (CPCB) can consider ordering environmental audit against the corporate giants like Amazon, Flipkart, Coca Cola India, Bisleri International, etc., and assess and recover compensation for violation of environmental norms

The Principal Bench of National Green Tribunal, New Delhi on 10.09.2020 in the matter of Aditya Dubey (Minor) Vs. Amazon Retail India Private Limited & Ors. O.A No. 28/2020, held that Central Pollution Control Board […]
26th Sep, 2020

Unmarried daughter who is unable to maintain herself can claim maintenance from her father till she is married relying on Section 20(3) of HAMA, 1956.

Supreme Court on 15.09.2020 in the matter of Abhilasha Vs. Parkash Cr. Appeal No. 615/2020, has held that an unmarried daughter who is unable to maintain herself can claim maintenance from her father till she […]
7th Sep, 2020

For determining the pecuniary jurisdiction of the District Commission, State Commission or National Commission the value of the goods or services “paid as consideration” alone has to be taken and not the value of the goods or services purchased/ taken.

NCDRC in a matter titled M/s Pyaridevi Chabiraj Steels Pvt. Ltd Vs. National Insurance Company Ltd. and Ors on 28.08.2020 held that for determining the pecuniary jurisdiction of the District Commission, State Commission or National […]
25th Aug, 2020

NCLAT upholds the order of NCLT rejecting the application u/s 9 of IBC against TATA Chemicals Ltd.

National Company Law Appellate Tribunal on 11.08.2020 upheld the decision of NCLT, Mumbai bench dated 15.11.2019 of dismissing the application filed u/s 9 of IBC 2016 against Tata Chemicals in the matter of M/s Allied […]
13th Aug, 2020

Interpretation of Section 57 of Transfer of Property Act, 1882

The Kerala High Court while pronouncing a judgment in the matter of M.P Varghese Vs. Annamma Yacob & Anr., MFA No. 47/2020 on 05.08.2020, observed that- “The purpose of Section 57 of the TP Act […]
2nd Aug, 2020

Consumer Protection Act, 2019 – at a glance

I. Consumer Protection Act, 2019- The new Consumer Protection Act, 2019 has come into force on 20th July, 2020. The key features include: • Broadening of the definition of Consumer by including any person who […]
2nd Aug, 2020

SC directs NCDRC to pronounce judgment in a matter which was “reserved for judgment” from 24 October 2019

In an order dated 29.07.2020, the Supreme Court of India directed Hon’ble National Consumer Disputes Redressal Commission to take necessary steps for the pronouncement of judgment expeditiously in EA No. 281/2018 wherein the matter was […]
25th Mar, 2020

Every child has a right to bear a name and via her or his name preserve her or his identity and individuality

The Delhi High Court in the matter of Deepak and Anr. vs Central Board of Secondary Education (CBSE) [W.P. (C) 7146 & 7147/2016] decided on 20.03.2020, allowed the plea for surname change in the CBSE […]
25th Mar, 2020

Filing a dummy appeal u/s 34 of Arbitration and Conciliation Act, 1996 without the copy of Impugned Award amounts to non-est filing and cannot be treated as filed within the limitation period.

The High Court of Delhi in the case of Union of India vs Bharat Biotech International Ltd. (O.M.P. (COMM) 399/2019) on 18.03.2020 held that though the Court is empowered to condone delay beyond the extended […]
25th Mar, 2020

Limitation period for executing a decree passed by a foreign court in India will be the limitation prescribed in the reciprocating foreign country

The Supreme Court in the matter of Bank of Baroda vs. Kotak Mahindra Bank Ltd. in Civil Appeal No. 2175 of 2020 decided on 17.03.2020 held the limitation period for executing a decree passed by […]