18th Mar, 2015

What is the meaning of Fraud within the meaning of Section 13 CPC #Indianlaws

It is only when the defendant is taken by surprise of the fraud played by the plaintiff  that he can challenge the decree or foreign judgment on the ground of fraud. 
18th Mar, 2015

Law laid down as declaratory in nature, is to be reckoned as law always #indianlaws

It would be open to the parties to exclude the application of the provision of Part I by express or implied agreement. Unless there is express or implied exclusion, the whole of Part I would […]
15th Mar, 2015

High Court can quash certain non-compoundable offence under Section 482 Cr P C

Criminal cases having overwhelmingly and pre-dominatingly civil favour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising […]
14th Mar, 2015

High Court cannot entertain a Petition under Article 226 against the Armed Forces Tribunal

The Supreme Court pointed out if the High Court entertains a petition Under Article 226 of the Constitution of India against order passed by Armed Forces Tribunal Under Section 14 or Section 15 of the […]
12th Mar, 2015

Who is an “interested person” for challenging anti-dumping duty under Customs Tariff Act 1975

Delhi High Court was seized of a matter wherein the principal challenge for setting aside impostion of anti-dumping duty was that Petitioner was an intersted person and was not given an oral hearing by the […]
7th Mar, 2015

Challenge to Acquisition proceedings under Section 24 can be made also be Subsequent purchaser

The Division Bench of Delhi High Court recently dealt with a writ petition wherein the Petitioners, who were the subsequent owners of the land which was acquired under Land Acquisition Act, 1894, filed a petition […]
7th Mar, 2015

Jurisdiction of Civil Court, where there is an arbitration clause between the parties

In this particular matter the dispute was between lender-Sundram Finance and borrowers-Respondent no. 1 and 2. A suit was instituted by the Respondents, wherein an application under Section 8 of Arbitration and Conciliation Act, 1996 […]
5th Mar, 2015

Interpreting “Consideration Paid or Consideration Provided” in reference to Benami Transaction

The Court in the case namely Pawan Kumar Gupta vs. Rochiram Nagdeo, decided on 20.04.1999(Civil Appeal No. 2369 of 1999) (MANU/SC/1187/1999: AIR1999SC1823), besides other issues dealt with the issue relating to Benami Transaction. As per […]
5th Mar, 2015

Anti-Suit in Injunction in matrimonial matters

The principles governing the grant of anti-suit injunction being essentially an equitable relief, the Courts in India has the powers to issue anti-suit injunction to a party over whom it has personal jurisdiction in an […]
5th Mar, 2015

Ex-parte decree in summary suit not be lightly distrubed

Setting aside of ex-parte decree under Order XXXVII Rule 4 of the Code cannot be allowed in routine and special circumstances are required to be established. However, the expression “special circumstances” has to be construed […]
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