Articles

17th Mar, 2017

Continuance in service for long time no right to seek regularisation

Supreme Court in the matter of Secretary to Govt Vs. A Singamuthu Civil Appeal no. 3770/2017 decided on 7th March, 2017 held Part-time or casual employment is meant to serve the exigencies of administration. It […]
17th Mar, 2017

Trust not entitled to invoke jurisdiction of Consumer Courts

Supreme Court in the matter of Pratibha Pratisthan Vs Manager, Canara Bank; Civil Appeal no. 3560/2008 vide judgement dated 7th March, 2017 held A reading of the definition of the words ‘complaint’, ‘complainant’ and ‘consumer’ […]
17th Mar, 2017

Litigants abusing the process of law should be dealt with harshly

Hon’ble Supreme Court in the matter of Dnyandeo Sabaji Naik Vs Pradnya Prakash Khadekar; SLP(C) no. 25331-33 of 2015 vide judgement dated 1st March, 2017 held that this Court must view with disfavour any attempt […]
2nd Mar, 2017

A suit for specific performance cannot be allowed to be converted into a suit for title of a stranger and for possession by allowing impleadment of parties claiming title over the property.

The Bombay High Court held that a suit for specific performance cannot be allowed to be converted into a suit for title of a stranger and for possession by allowing impleadment of parties claiming title […]
2nd Mar, 2017

Limitation under the National Green Tribunal Act, 2010 #legalupdates

The Tribunal has held that a recurring or continuous cause of action may give rise to a fresh cause of action resulting in fresh accrual of right to sue. The Tribunal was of the opinion […]
2nd Mar, 2017

Reciprocal Advertising #legalupdates

Hon’ble Delhi High Court in a matter explained propositions relating to comparative advertising which means “any trader is entitled to puff his own goods even though such puff as a matter of pure logic involves […]
2nd Mar, 2017

Deficiency in service on part of the Bank when title deeds under their custody are lost #legalupdates

In a case, before the National Commission, Bank took a stand that document had been ‘misplaced’, there shall still be a possibility that, document could be recovered at a later stage and returned to complainant. […]
2nd Mar, 2017

After acquisition of land, an allottee cannot be taken as necessary or proper party #legalupdates

Acquisition may either be for a “public purpose” or for a company. When land has been acquired for public purpose, land vests in State after the Collector has made an award and the possession is […]
2nd Mar, 2017

Relief u/s Section 20 of the Specific Relief Act is discretionary #legalupdates

In a case decided by Supreme Court, the Court has held that Section 20(1) of Specific Relief Act, 1963 indicates that, jurisdiction to decree specific performance is discretionary. Yet, discretion of Court is not arbitrary […]
28th Feb, 2017

A judgment rendered in probate proceedings though a judgment in rem would not be determinative of questions of title and questions of title, existence of property are beyond the jurisdiction of the Probate Court

The Hon’ble Court in the case titled Shri Rakesh Kumar Juneja & ORS. Vs. State Of Delhi & ANR. TEST CAS. 73/2017 decided on 22.12.2017, held that a Probate Court does not decide any questions […]
19th Feb, 2017

Which orders can be appealed against under Commercial Courts Act #indianlaws

Division Bench of Delhi High Court in the matter of HPL (India) Limited Vs. QRQ Enterprise, FAO (OS) (COMM) No. 12/2017 was considering the effect of Section 13 of Commercial Courts, Commercial division and Commercial […]
19th Feb, 2017

Courts cannot impose unlimited costs in civil proceedings #indianlaws

Division Bench of Delhi High Court in the matter of Bikramjit Ahluwalia Vs. Avnija Ahluwalia FAO(OS) 173/2016 held that there is no question of exercising of inherent powers contrary to the specific provisions of the […]