Articles

10th Jan, 2019

Seller cannot forfeit the earnest money received under an agreement to sell even if buyer is guilty of breach

In a recent judgment, the Delhi High Court held that any forfeiture of earnest money will be hit by Section 74 of the Indian Contract Act, 1872 unless loss is pleaded and proved by the […]
10th Jan, 2019

In case of builders, failure to obtain necessary sanctions and approval from concerned authorities does not fall under force majeure

In a recent judgment, the National Consumer Disputes Redressal Forum held that the builder’s inability to obtain requisite permission for construction of flats is not a valid reason and does not justify delay in possession […]
10th Jan, 2019

The purpose of Section 31(2) of the Arbitration and Conciliation Act 1996 is to ensure that the absence of minority members of tribunals do not lead to any fresh litigation.

The Hon’ble High Court of Delhi held that where an award has been signed by the majority of the members of the arbitral tribunal, such an award will be an award of the arbitral tribunal, […]
8th Jan, 2019

Section 69(2) of Indian Partnership Act, 1932 does not bar filing of a suit based on dishonour of a cheque

The Delhi High Court held that a dishonour of cheque is a cause of action which does not arise from a contract between the parties and therefore the bar under Section 69(2) of Indian Partnership […]
8th Jan, 2019

Mere transfer of ownership of vehicle does not absolve the registered owner from liability to a third person

The Supreme Court held that a registered owner cannot wriggle out of liability towards a third person in event of an accident, on the mere pretext of the ownership of the vehicle being transferred, if […]
8th Jan, 2019

Denial of Maintenance is a Continuing Cause of Action; Claim Not Time Barred After 3 Years

  The Delhi High Court held that the claim for maintenance was a “continuing cause of action”, and wife was not barred from claim it under the Domestic Violence Act 2005 even after a period […]
3rd Jan, 2019

A suit for partition lies only when the parties have undivided share in the property.

The Hon’ble High Court of Delhi held that only when the parties have undivided share, a suit for partition lies. Where the property has already been divided by metes and bounds, suit for partition is […]
2nd Jan, 2019

Upon eviction of a tenant, right of members of his family, is also extinguished in rented premises

In a recent judgment, the Delhi High Court, held that though termination of tenancy is required to be done by issuing a notice under Section 106 of Transfer of Property Act 1882, yet the filing […]
28th Dec, 2018

The Registrar has to follow the procedure laid under Section 248 of the Companies Act 2013 before striking down the name of the company.

The Ld. National Company Law Appellant Tribunal held that the Registrar has to follow the due process as mentioned under Section 248 of the Companies Act 2013 and serve a proper notice to the company, […]
27th Dec, 2018

A person in settled possession cannot be dispossessed even by the Governmental Authority except by the due process of law

In a recent judgment, the Delhi High Court, held that in the present case, the Respondent/Plaintiff had been in settled possession not only since before the institution of suit but for the last 35 years. […]
24th Dec, 2018

Notice under Order 1 Rule 8(2) CPC mandatory for filing ‘Class Action’ Consumer Complaints u/s 12(1)(c) of Consumer Protection Act.

The Supreme Court observed that ‘Class Action’ consumer complaints filed by one or more consumers where there are numerous consumers having the same interest will be maintainable only where the complaint fulfils all the requisite […]
22nd Dec, 2018

The Registrar has to follow the procedure laid under Section 248 of the Companies Act 2013 before striking down the name of the company

The Ld. National Company Law Appellant Tribunal held that the Registrar has to follow the due process as mentioned under Section 248 of the Companies Act 2013 and serve a proper notice to the company, […]