Articles

7th Aug, 2019

Objection regarding the pecuniary jurisdiction of the Consumer Fora should be raised at the earliest possible opportunity.

The Hon’ble Supreme Court in M/s Treaty Construction vs. M/s Ruby Tower Co-op. Hsg. Society Ltd. bearing Civil Appeal No. 5699 of 2019 decided on 19.07.2019 has reiterated that the technical objection with respect to […]
6th Aug, 2019

Right to use passage granted in the sale deed will not extinguish in terms of section 41 of the Indian Easements Act:

The Hon’ble Supreme Court in the case of “S Kumar & Ors. vs S Ramalingam” Civil Appeal No. 8628-8629 of 2009 decided on16.07.2019 has held that right to use passage granted in the sale deed […]
5th Aug, 2019

Omission to mention nature of Debt or Liability in statutory demand notice does not render it invalid under section 138 of Negotiable Instruments Act, 1881

The Kerala High Court observed that the omission or error in the notice under section 138 of the Negotiable Instruments Act to mention the nature of the debt or liability, does not render the same […]
2nd Aug, 2019

Section 148 Of Negotiable Instruments Act has retrospective effect

In an important judgment, the Supreme Court has held that Section 148 of the Negotiable Instruments Act as amended, shall be applicable in respect of the appeals against the order of conviction and sentence for […]
29th Jul, 2019

The HC which has jurisdiction over ‘Venue’ of Arbitration alone can entertain petition seeking appointment of Arbitrator

The Hon’ble Supreme Court set aside the order of Madras High Court and held that if parties have agreed to have the “venue” of arbitration at certain place, the High Court which has jurisdiction over […]
11th Jul, 2019

Property inherited from father by sons becomes Joint Family Property in the hands of sons

The apex court again reiterated that share which a coparcener obtains on partition of ancestral property is ancestral as regards his male issue. The judgement was delivered by the Apex Court in the matter of […]
11th Jul, 2019

Outer limitation for suit for possession based on title is not lost merely because relief of declaration is also sought.

The Constitutional bench of the Supreme Court in the matter of Sopanrao & Anr vs. Syed Mehmood &  Ors. (Civil Appeal No. 4478/2007), decided on 03.07.2019 has held that in a suit filed for possession […]
11th Jul, 2019

Plaint under Order 7 Rule 11 can only be rejected as a whole or not at all

The Supreme Court in the matter of Madhav Prasad Aggarwal and  Anr. vs.Axis Bank Ltd. & Anr., arising out of SLP (C) No.31579 of 2018 decided on 01.07.2019 has held that relief of rejection of […]
5th Jun, 2019

Paternity Dispute: DNA test ought not be done on casual basis and merely on the basis of bald statement of the Applicant as it effects the right to privacy of the parties as well as have devastating effect on the child.

The Single Judge Bench of the Rajasthan High Court at Jaipur in Mahendra Vs. Mamta @ Guddi bearing S.B. Civil Writ Petition No. 7839/2019 vide its judgment dated 23.05.2019 held that Courts, while considering the […]
5th Jun, 2019

Financial deprivation amounts to economic abuse under Domestic Violence Act

The Bombay High Court has held that financial deprivation amounts to economic abuse under the Domestic Violence Act. The Court held that if a widow in a joint family, who is entitled to financial resources, […]
18th May, 2019

When an appeal is filed against a joint and indivisible decree and one of the co-appellant dies and the legal representative of the deceased appellant is not brought on record, the appeal will abate against the surviving appellant also.

The Apex Court in Hemreddi (D) Through Lrs. versus Ramachandra Yallappa Hosmani and Ors. bearing no. Civil Appeal No. 4103 of 2008 decided on 07.05.2019 held that where appeal is being filed by more than […]
18th May, 2019

Under specific performance plea of hardship cannot be raised if not pleaded in written statement.

The Supreme Court has observed that a defendant in a specific performance suit should plead in his written statement the hardship that will be caused if the decree of specific performance of the contract is […]