Articles

30th Aug, 2018

Until ground seeking eviction in terms of the concerned Rent Act is not made out, no eviction of a tenant can be ordered, even if the parties had entered into a compromise

The Apex court has held that eviction of a tenant, protected by a Rent Control Act of a state, may be ordered only when a valid ground for eviction under the said act is made […]
29th Aug, 2018

Restriction for Remarriage Under Hindu Marriage Act primarily applicable to parties contesting the Decree of Divorce.

The Supreme Court delivered an important judgment qua the provision in the Hindu Marriage Act 1955 which puts a condition on a divorcee in contracting a second marriage. It has been held that the protection […]
25th Aug, 2018

Defence of negligence can’t be raised in proceedings u/s 163A of Motor Vehicles Act.

The Supreme Court has upheld compensation awarded to the parents of deceased driver of the vehicle, reiterating that an insurer cannot be permitted to raise a defence of the negligence of the driver (victim) in […]
24th Aug, 2018

If the defendant fails to pursue his case or does so in a lackadaisical manner by not filing his written statement in a commercial suit, the courts should invoke the provisions of Order VIII Rule 10 to decree such cases.

In a recent judgment, the High Court of Delhi observed and held that Order VIII Rule 10 has been inserted by the legislature to expedite the process of justice. The courts can invoke its provisions […]
23rd Aug, 2018

Defendant is entitled to unconditional leave to defend a summary suit if he has a substantial defence with triable issues which is likely to succeed

In a recent judgment, the Delhi High Court, reiterated the principals of leave to defend in a suit filed under Order XXXVII of Civil Procedure Code, 1908 as crystallized by Hon’ble Supreme Court in IDBI […]
23rd Aug, 2018

Single co-owner cannot terminate tenancy for seeking recovery of possession when other co-owners object.

The Delhi High Court held that when there are various co-owners/co-landlords, only one co-owner/co-landlord cannot terminate the tenancy for seeking possession of the tenanted property and/or mesne profits. The observation was pronounced by an order […]
22nd Aug, 2018

It is for the Plaintiff to prove his case and Plaintiff cannot call upon the Court to order investigation by appointing expert under Order XXVI Rule 10-A

In a recent judgment, the Himachal Pradesh High Court, held that taking into consideration any dispute which does not require a local or scientific investigation, the Plaintiff cannot call upon the Court to order investigation […]
22nd Aug, 2018

There cannot be any oral gift of an immovable property, it can only be done by a registered instrument

The Delhi High Court has laid down that there cannot be any oral gift of an immovable property and that a gift becomes legally effectively only when a registered instrument is executed in the manner […]
22nd Aug, 2018

Children born out of a void marriage are entitled to a share only in the separate property and not to the joint family properties of their father

The Bombay High Court held that though Section 16 of the Hindu Marriage Act, 1955 confers legitimacy upon an offspring born out of a void marriage, such offspring is not entitled to a share in […]
21st Aug, 2018

Once the title of the Plaintiff seeking possession is proved, onus shifts upon the defendant to plead and prove his right to remain in the occupation of the said property.

In a recent judgment, the High Court of Delhi held that once it is established that the appellant/plaintiff has title to the property, it was for the respondent/defendant to plead and prove the right, if […]
21st Aug, 2018

Oral averments in deposition of partition having taken place is not discharge of onus of proof by the person alleging partition

The Delhi High Court in Veeru Parshad Gupta vs Jogeshwari Devi RFA 586/2018 on 25.07.2018 laid that oral averments in deposition of partition having taken place is not discharge of onus of proof by the […]
21st Aug, 2018

Limitation for the buyer to seek recovery of earnest money would begin from the date when forfeiture has been pleaded by the seller

The Delhi High Court has held that limitation of the appellant/ buyer to claim the amounts under the Agreements to Sell, and which are paid to the respondent/ seller, would only commence if the respondent/seller […]