Articles

5th Apr, 2018

Plea of lack of jurisdiction of Arbitral Tribunal can be raised under Section 34 of the Arbitration and Conciliation Act for the first time even if not raised earlier under Section 16 in the statement of defence.

In a recent judgment, the Apex Court ruled that an objection as to jurisdiction of the arbitral tribunal can be raised in a petition under Section 34 for the first time even if omitted to […]
4th Apr, 2018

Limitation period commences for the party making an application for setting aside Arbitration Award from the date of signed copy of the Award being delivered to it.

In a recent judgment, the Supreme Court ruled and reiterated that limitation period prescribed under Section 34(3) of the Arbitration and Conciliation Act would commence only from the date of the signed copy of the […]
3rd Apr, 2018

Applications which causally explain the cause of delay, without explaining each day’s delay is liable to be dismissed.

Each day’s delay has to be properly explained either for filing or for refiling. Where delay is attempted to be explained casually and no effort has been made to explain each day’s delay, application are […]
2nd Apr, 2018

Benefit of Section 53A of Transfer of Property Act 1882 available only on appropriately stamped and registered instruments

Under Section 53-A of the Transfer of Property Act, the benefit of an agreement to sell in the nature of part performance could not be given unless the agreement to sell was stamped for the […]
5th Mar, 2018

Section 100 of CPC mandates that the substantial question of law be framed at the admission stage of a second appeal

The Supreme Court restated the import of Section 100 of CPC by ruling that the “substantial question of law” which is the very basis of maintainability of a second appeal, is to be framed by […]
5th Mar, 2018

Mention of specific date, day and time of appearance in a summon is a mandatory requirement of Order V Rule 20

In a recent judgment, the Supreme Court ruled that mentioning of date, day and time of appearance in a summons issued under Order V Rule 20 was a mandatory statutory requirement and not an empty […]
22nd Feb, 2018

Daughters born before the enactment of Hindu Succession Act, 1956 are also entitled to equal shares as son in ancestral property.

The Supreme Court held that daughters have equal rights in the Ancestral property, even if they were born before the enactment of Hindu Succession Act, 1956. The Apex Court on 01.02.2018 in the matter Danamma […]
22nd Feb, 2018

Interim order under Order 39 Rule 1 & 2 passed by the first appellate court is not appealable under Order 43 as the latter is exhaustive in nature

In a recent judgment, the Bombay High Court ruled that while entertaining the Regular Civil Appeal, if the First Appellate Court passes interim order under Order 39 Rules 1 and 2 of the CPC, it […]
22nd Feb, 2018

It is the duty of the Court to enforce the letter and spirit of family settlements without going into technicalities.

The Hon’ble High Court of Delhi in the case titled Satish Kumar Batra Vs. Harish Kumar Batra and Ors. (RFA 776/2016) on 09.02.2018 held that once family settlements are reduced in writing, they require registration. […]
22nd Feb, 2018

Conviction for causing disappearance of evidence merely because of failure to inform Police about crime not justified.

It was held by the Hon’ble Supreme Court that a person cannot be convicted for causing disappearance of evidence merely because he failed to inform the police about the crime.   It was so decided […]
12th Feb, 2018

Where payment is made on account of interest or debt before the expiry of prescribed period of limitation, a fresh period of limitation shall be computed from time to time when the payment was so made.

The Hon’ble Delhi High Court in the matter Rajinder Valecha & Anr Vs. Satpal & ANR (RFA 590/2016) on 02.02.2018 by discussing Section 18 and Section 19 of the Limitation Act, 1963 held that acknowledgment […]
12th Feb, 2018

Leave to defend must disclose facts which would disentitle the landlord from obtaining an order of eviction for bona fide need

The Hon’ble High Court of Delhi in the case titled Kailash Kumari Vs Shakuntala RC.REV. 6/2017 decided on 02.02.2018 held that in the application for leave to defend the tenant must set out the precise […]