Articles

19th Apr, 2019

Mere financial assistance to buy property cannot be termed as Benami Transaction.

The Supreme Court has observed that mere financial assistance to buy a property cannot be the sole determinative factor/circumstance to hold the transaction as benami in nature.   The Court delivered the reasoning in the […]
19th Apr, 2019

Court cannot appoint an Arbitrator when the contract containing the Arbitration Clause is Insufficiently Stamped

The Supreme Court has held that it would be necessary for the Court before considering and passing final orders on an application under Section 11(6) of the Arbitration Act to await the adjudication by the […]
11th Apr, 2019

Every Judicial Order/ Judgement/quasi-judicial order deciding the lis between the parties should be supported by reason

The Apex Court held that Judicial orders/quasi-judicial orders passed by any court/tribunal/authority deciding the lis between parties should be supported by reasoning and parties as well as appellate courts are entitled to know the reason […]
11th Apr, 2019

Employees of ‘local bodies’ entitled to gratuity under payment of Gratuity Act

The provision in the State Act contemplating payment of Gratuity will be inapplicable in respect of the employees of the local bodies. The Supreme Court has held that the employees of the local bodies like […]
11th Apr, 2019

One sided clauses in Builder Buyer Agreements amount to Unfair Trade Practice within the meaning of Consumer Protection Act

The Apex Court held that a term of a contract which is one sided and opposed to the interest of the buyers cannot be final and binding if it is shown that the flat purchasers […]
11th Apr, 2019

Court can appoint independent Arbitrator only after resorting to the procedure in Arbitration Agreement

The Supreme Court recently observed that the High Court(s) while dealing with an application under Section 11(6) of the Arbitration and Conciliation Act, seeking appointment of an ‘independent Arbitrator’, should first resort to the mechanism […]
26th Mar, 2019

Once presumption under section 139 Negotiable Instrument Act is drawn, Complainant need not prove the source of fund till the accused discharges his burden.

The Supreme Court of India through Justice Mr. Abhay Manohar Sapre and Justice Mr. Dinesh Maheshwari in Rohitbhai Jeevanlal Patel versus State of Gujarat and Anr. Criminal Appeal No.508 of 2019  decided on 15.03.2019 held […]
26th Mar, 2019

Reimbursement of medical expenses cannot be deducted from claimants’ compensation receivable under the Motor Vehicles Act

The Bombay High Court held that there is a distinction between contractual liability under the contract of insurance (medical) and the statutory liability under the Act and reimbursement under the former cannot be adjusted against […]
26th Mar, 2019

Statutory dues of Income Tax, VAT etc. are Operational Debts under Insolvency and Bankruptcy Code, 2016

The National Company Law Appellate Tribunal has held that statutory dues of income tax, value added taxes etc. are ‘operational debts’ under the Insolvency and Bankruptcy Code 2016.   The said ruling was held in […]
26th Mar, 2019

Divorce petition can be filed through power of attorney

There is nothing wrong in the Family Court entertaining an application even though it is filed through the power of attorney holder. The Kerala High Court observed the above-mentioned reasoning in the matter of Mohanan […]
19th Mar, 2019

Pre-Deposit Clauses to invoke Arbitration Makes Arbitral Process ineffective and expensive

The Hon’ble Supreme Court of India, vide its order dated 11.03.2019 in M/s ICOMM TELE LTD. vs Punjab State Water Supply and Sewerage Board and Anr. Civil Appeal No. 2713 of 2019, struck down the […]
19th Mar, 2019

Preferential right of heirs under section 22 of Hindu Succession Act applicable also to agricultural lands

The Supreme Court has held that the preferential right given to an heir of a Hindu under Section 22 of the Hindu Succession Act is applicable even if the property in question is an agricultural […]