Articles

28th Sep, 2019

Consumer Fora have Jurisdiction to decide the legality of Statutory Fees.

The Hon’ble Supreme Court vide its order dated 16.09.2019, passed by three- judges Bench in Punjab Urban Planning and Development Authority (Now GREATER LUDHIANA AREA DEVELOPMENT AUTHORITY i.e GLADA) versus Vidya Chetal bearing SLP (C) […]
27th Sep, 2019

A housing society formed by and for individual flat owners, who in real terms own the property and who form themselves into a society so that services for maintenance and upkeep of the property, etc., could be availed of by them in a more systematic manner. Such society, in an ordinary case, can never be termed as an industry.

The Allahabad high Court in the matter of Arun Vihar Residents Welfare Association G.B. Nagar vs. State of UP (WP [C] 51047/2012), published on 16.09.2019, held that when personal services are rendered to members of […]
26th Sep, 2019

A landlord may be permitted to take benefit of subsequent events after filing of an eviction petition which buttress the landlord’s claim of bonafide need

The Delhi High Court reiterated that the landlord may be allowed to amend his eviction petition under the DRC Act to include events which occur post filing of an eviction petition and do not create […]
25th Sep, 2019

Self-Serving statements on Income without any proof of financial resources won’t suffice to prove Readiness and Willingness in Suit for Specific Performance

The Supreme Court had observed that self-serving statements on income without any proof of financial resources is not sufficient to prove that plaintiff in a suit for specific performance was ready and willing to perform […]
24th Sep, 2019

Grant of leave is a necessary prerequisite to entertain a suit under Section 92, Code of Civil Procedure 1908

  The Supreme Court has observed that in every suit filed under Section 92 of the Code of Civil Procedure the grant of leave is necessary before the said suit can be said to be […]
16th Sep, 2019

The Courts, while deciding a petition for appointment of Arbitrator, after the amendment of 2015, should restrict themselves to the question as to the existence of an arbitration clause and should not go into preliminary objections/ grounds.

The Hon’ble Supreme Court vide its order dated 05.09.2019, passed by three- judges Bench in M/s Mayavati Trading Pvt. Ltd. vs. Pradyuat Deb Burman bearing Civil Appeal No. 7023/2019, overruled the judgment in United India […]
16th Sep, 2019

In cases relating to rate of duty or value of goods for the purpose of assessment, the appeal would lie to the Supreme Court and in all other cases it would lie before the High Court

An appeal shall lie to the High Court against every order passed in appeal by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), if the High Court is satisfied that the case involves a […]
16th Sep, 2019

Executing Court cannot travel beyond the decree under execution

The Supreme Court reiterated that an executing court cannot go behind a decree and re-examine the merits of the case of the parties. The above ratio was delivered by the Supreme Court in the matter […]
16th Sep, 2019

Succession and Inheritance of Goan Domicile shall be governed by Portuguese Civil Code

The Supreme Court has held that the rights of succession and inheritance of a Goan domicile shall be governed by the Portuguese Civil Code, 1867 as applicable in the State of Goa. Rights of succession […]
16th Sep, 2019

Suit for Specific performance can be refused for non- compliance of an essential promise in contract

The Supreme Court held that a party who does not perform one of the essential promises in a contract is not entitled to discretionary relief of specific performance of the very contract. The said judgment […]
14th Sep, 2019

A mere contemplation or possibility that a right may be infringed without any legitimate basis for the right, would not be sufficient to hold that the plaint discloses a cause of action.

Cause of action requires infringement of the right or breach of an obligation and comprises of all material facts on which the right and claim for the breach is founded, that is, some act done […]
13th Sep, 2019

A wrongful act which causes an injury which is complete is not a continuing wrong for the purpose of Section 23 of the Limitation Act even though the damage resulting from the act may continue

The Supreme Court reiterated that S.23 refers not to a continuing right but to a continuing wrong which maybe defined as a continuing source of injury which renders the doer of the act responsible and […]