Articles

23rd Feb, 2015

Compensation for damage payable even if no damage proved

Section 74 of the Indian Contract Act deals with the measure of damages in two classes of cases:  (i) Where the contract names a sum to be paid in case of breach; and (ii) where […]
22nd Feb, 2015

Effect of second provisio to Section 24(2) of 2013 Land Acquisition Act is not prospective

The Court held that the applicability of the second Proviso to Section 24(2) of the 2013 Act could not be relied upon as it is prospective in nature and does not take away vested rights
22nd Feb, 2015

Interim orders under Section 9 Arbitration and Conciliation Act can be passed even after passing of an Award

The Court observed that the words in Section 9 of the Act “the party may, before or during arbitral proceedings or at any time after the making of the arbitral award but before it is […]
22nd Feb, 2015

Definition of Machinery for the purpose of Sales Tax Act

The question of law raised was as to whether “Hydraulic Excavator” is a machine under Entry 2 or motor vehicle under Entry 13 of the Schedule attached to Act, 2007?
22nd Feb, 2015

Who would be a consumer for the Real Estate Transactions?

Mere submission of an application for allotment of a house, which does not result either in allotment or registration and consequent inclusion in the awaiting list for such an allotment, does not confer upon him […]
22nd Feb, 2015

Courts have to consider only the plaint in determining an application under Order 7 Rule 11 CPC

While exercising the  power under Order 7 Rule 11, the Court has to read averments in the plaint as a whole to find out whether it discloses a cause of action or whether the suit […]
22nd Feb, 2015

Forfeiture of earnest money does not infringe statutory rights

There is a clear difference between revocation of a ‘tender’ and revocation of the ‘tender notice’. While revocation of the tender notice is the prerogative of the Corporation, revocation of the ‘tender’ could be only […]
11th Feb, 2015

RFCTLARR Ordinance 2014 is prospective

When a repeal of an enactment is followed by a fresh legislation, such legislation does not affect the substantive rights of the parties on the date of suit or adjudication of suit unless such a […]
11th Feb, 2015

Financier is liable to pay road tax of vehicle repossessed.

In the event of vehicle repossessed by the financer on account of non-payment of EMI’s, it would be financier’s liability to pay the tax liability towards road tax and penalty, as applicable.
11th Feb, 2015

CCTV footages are material piece of evidence

Electronic documents are admissible as material evidence. The computer generated electronic records in evidence are admissible at a trial if proved in the manner specified by Section 65B of the Evidence Act. 
11th Feb, 2015

Amendment brought by Land Acquisition Ordinance 2014 is prospective

The amendment in Land Acquistion  Act 2013 brought by the Ordinance of 2014  would not be applicable to those case the appeals were pending much prior to the ordinance. Ordinance in so far as insertion […]
11th Feb, 2015

Actual loss need not be proved if amount stipulated is a genuine pre-estimate of loss

Even if there is no specific evidence of loss suffered by the Party alleging breach, the delay caused itself can be taken to have resulted in loss including loss of interest on the capital.