Articles

18th Feb, 2024

Retweeting defamatory content is “publication” and may invite defamation

In the matter of Arvind Kejriwal vs State and Anr. (Crl. MC. 6347/2019) decided by the Hon’ble High Court of Delhi on 05.02.2024 FACTS: A video was uploaded on YouTube by one Sh. Dhruv […]

13th Feb, 2024

Disputed questions of facts cannot be adjudicated under Section 11(6) of A&C Act

The Hon’ble Allahabad High Court vide its judgment dated 19.01.2024 in the matter of “M/s. Neelkanth Construction vs. Union of India & Ors.” had the occasion to deal with whether disputed or debatable questions […]

13th Feb, 2024

Individual / minority members of a Co-operative housing society cannot invoke arbitration clause in a development agreement.

In the matter of Ketan Champaklal Divecha vs. DGS Township Pvt. Ltd. & Anr., Arbitration Application (L) No. 21860/2023 decided by Hon’ble Bombay High Court on 02.01.2024. Facts of the case– A development agreement was […]

13th Feb, 2024

Children cannot claim any legal right over the property of a Parent during their lifetime.

In the matter of Dinesh Bhanudas Chandanshive vs The State of Maharshtra & Ors in WP(C) 7392 OF 2021 decided on 30.01.2024 by the Division bench of the Hon’ble High Court of Bombay FACTS: […]

5th Feb, 2024

Mandatory Injunction Not ‘Consequential’ To Relief of Declaration, separate court Fee payable by plaintiff

In the matter of Bhagwanlal Sharma vs Government Kamla Nehru Kanya Uchchatar Mahavidalaya & Ors Misc Petition no. 2306 of 2023 decided on 24.01.2024 by The Hon’ble High Court of Madhya Pradesh Facts: In the […]

2nd Feb, 2024

Mere non-filing of Written Statement will not entitle a decree under Order VIII Rule 10 CPC

In the matter of Asma Lateef & Anr. Vs. Shabbir Ahmad & Ors. Civil Appeal No. 9695/2013 decided by Hon’ble Supreme Court of India on 12.01.2024. The facts of the case and issue on maintainability […]

2nd Feb, 2024

Group of Companies doctrine cannot be invoked to implead non-signatory directors of a company in an arbitration proceeding

In the matter of Vingro Developers Private Limited vs. Nitya Shree Developers Private Limited through its Principal Officer & Ors., (ARB. P. 667 of 2023) decided by the Hon’ble Delhi High Court on 24.01.2024. FACTS: […]

2nd Feb, 2024

Pre-Arbitral steps cannot be insisted on after termination of a contract

The Hon’ble Delhi High Court vide its judgment dated 10.01.2024 in the matter of “Mr. Gajendra Mishra vs. Pokhrama Foundation & Anr.” had the occasion to deal with whether a party can insist on resorting […]

28th Jan, 2024

The party relying on misrepresentation, fraud, undue influence, etc. has to give the particulars in the complaint for the Court to disregard a Will

In the matter of Premakumari. R. V. O.K. Sivasankara Pillai; decided on 04.01.2024 by the Hon’ble High Court of Kerala; RFA No. 197 of 2013 FACTS This appeal arises from the judgment and decree dated […]

28th Jan, 2024

Where maintainability of a suit is questioned, the Court should prima facie decide question of maintainability before granting interim relief.

In the matter of Asma Lateef & Anr. Vs. Shabbir Ahmad & Ors. Civil Appeal No. 9695/2013 decided by Hon’ble Supreme Court of India on 12.01.2024. Facts of the Case- Appellants who were the Plaintiff […]

4th Dec, 2023

Airlines will be bound by the timeline promised by its Agent

Rajasthan Art Emporium vs Kuwait Airways Civil Appeal no. 1906 of 2012 decided by the Hon’ble Supreme Court of India on 09.11.2023 The Appellant (hereinafter Complainant) is an exporter of handicrafts to many countries. […]

4th Dec, 2023

Writ Petitions are maintainable if insurer disallows claim de hors specific policy terms

In the matter of Mohit Kumar and Anr. v. Office of the Insurance Ombudsman and Ors., W.P.(C) 8916/2020 decided on 07.11.2023 by the Hon’ble Delhi High Court FACTS: The Petitioners in the case are a […]

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