Articles

10th Feb, 2020

In a suit for Specific Performance, mere plea of the Plaintiff that he’s ready to pay the consideration, without any material cannot be accepted.

The Supreme Court in the case of C.S. Venkatesh vs. A.S.C. Murthy (Civil Appeal No. 8425 of 2009) on 07.02.2020 opined that mere plea that the plaintiff is ready to pay the consideration, without any […]
10th Feb, 2020

Beneficiaries of Insurance policy are ‘consumers’ even if they are not parties to contract of insurance

The Supreme Court in the matter of Canara Bank vs United Indian Insurance Corporation (Civil Appeal No. 1042 of 2020), decided on 06.02.2020 observed that the beneficiaries of the policy taken out by the insured […]
3rd Feb, 2020

Section 92 of the Code of Civil Procedure 1908 would not be applicable in a suit by a Trust.

The Supreme Court in the matter of Ghat Talab Kaulan Wala vs. Baba Gopal Das Chela Sruti Dass (Through LR) (Civil Appeal No. 724/2020) decided on 31.01.2020 held that Section 92 of CPC contemplates a […]
3rd Feb, 2020

A Court of civil jurisdiction cannot pass an order of stay of proceedings pending before a Criminal Court /Tribunal/adjudicatory body

The Delhi High Court in the matter of Harinder Singh Kochar vs. Blue Coast Infrastructure, FAO (OS) 8/2020 and CM APPL. 3425/2020 decided on 28.01.2020 held that a civil court cannot be permitted to pass […]
3rd Feb, 2020

Unequivocal statements made by counsel will be binding on clients

The Supreme Court in the matter of Om Kumar vs. Suresh Kumar (Civil Appeals No. 833-834 of 2020), decided on 30.01.2020 has observed that unequivocal statements made by counsel will be binding on their clients. […]
3rd Feb, 2020

A petition under section 14(1) of Companies Act can only be entertained after expiry of three months from the date of passing of Special Resolution

The National Company Law Appellate Tribunal, New Delhi in the case of M/s. Medeor Hospitals Limited (formerly known as Rockland Hospital Ltd) vs Registrar of Companies, Delhi (Company Appeal (AT) No. 394 of 2018) on […]
27th Jan, 2020

Appellate court cannot act as an appellate court in revision proceedings

The Supreme Court of India in the matter of Varadrajan vs. Kanakavali & Ors. (Civil Appeal No. 5673/2009) dated 22.01.2020 reiterated that an order passed by a subordinate court can be interfered with only if […]
27th Jan, 2020

Delay in intimating the insurance company about the theft of the vehicle cannot be ground to repudiate the insurance claim

The Supreme Court in the matter of Gurshinder Singh vs. Shriram General Insurance Co. Ltd. being Civil Appeal No. 653 of 2020 decided on 24.01.2020 held that denying the claim merely on the ground that […]
27th Jan, 2020

Under the Land Acquisition Act, Interest awarded under Section 34 is to be calculated from the date of award and not from the date of notification.

The Supreme Court in the case of Chanabasappa vs Karnataka Neeravari Nigam Ltd. & Anr (Civil Appeal no. 475 of 2020, Arising out of S.L.P. (Civil) No. 29148 of 2016) decided on 21.01.2020 held that […]
27th Jan, 2020

Consumer Commission can appreciate additional evidence on record at the stage of appeal and revision

National Commission in the matter of Branch Manager, Universal Sompo General Insurance Company vs. Didwania Exim Pvt Ltd. & Ors. (RP No. 533 of 2019), decided on 21.01.2020, has opined that additional evidence/ documents can […]
20th Jan, 2020

Where the decision of the Disciplinary Committee is not perverse, the Court would not change their decision in appeal

The Supreme Court in the case of Om Pal Singh vs Disciplinary Authority & Ors. (Civil Appeal no. 176 of 2020) decided on 14.01.2020 held that whenever the Court direct reinstatement, they should apply their […]
20th Jan, 2020

Proviso to Section 24(1) of the Arbitration and Conciliation Act, 1996 provides that oral hearing on the request of a party be granted as a matter of “right”

In the matter of Sukhbir Singh vs. M/s Hindustan Petroleum Corporation Limited bearing O.M.P. No. 1118 of 2014 decided on 16.01.2020, the Delhi High Court held that unless the right to require oral evidence or […]