Articles

5th Mar, 2018

Mention of specific date, day and time of appearance in a summon is a mandatory requirement of Order V Rule 20

In a recent judgment, the Supreme Court ruled that mentioning of date, day and time of appearance in a summons issued under Order V Rule 20 was a mandatory statutory requirement and not an empty […]
22nd Feb, 2018

Daughters born before the enactment of Hindu Succession Act, 1956 are also entitled to equal shares as son in ancestral property.

The Supreme Court held that daughters have equal rights in the Ancestral property, even if they were born before the enactment of Hindu Succession Act, 1956. The Apex Court on 01.02.2018 in the matter Danamma […]
22nd Feb, 2018

Interim order under Order 39 Rule 1 & 2 passed by the first appellate court is not appealable under Order 43 as the latter is exhaustive in nature

In a recent judgment, the Bombay High Court ruled that while entertaining the Regular Civil Appeal, if the First Appellate Court passes interim order under Order 39 Rules 1 and 2 of the CPC, it […]
22nd Feb, 2018

It is the duty of the Court to enforce the letter and spirit of family settlements without going into technicalities.

The Hon’ble High Court of Delhi in the case titled Satish Kumar Batra Vs. Harish Kumar Batra and Ors. (RFA 776/2016) on 09.02.2018 held that once family settlements are reduced in writing, they require registration. […]
22nd Feb, 2018

Conviction for causing disappearance of evidence merely because of failure to inform Police about crime not justified.

It was held by the Hon’ble Supreme Court that a person cannot be convicted for causing disappearance of evidence merely because he failed to inform the police about the crime.   It was so decided […]
12th Feb, 2018

Where payment is made on account of interest or debt before the expiry of prescribed period of limitation, a fresh period of limitation shall be computed from time to time when the payment was so made.

The Hon’ble Delhi High Court in the matter Rajinder Valecha & Anr Vs. Satpal & ANR (RFA 590/2016) on 02.02.2018 by discussing Section 18 and Section 19 of the Limitation Act, 1963 held that acknowledgment […]
12th Feb, 2018

Leave to defend must disclose facts which would disentitle the landlord from obtaining an order of eviction for bona fide need

The Hon’ble High Court of Delhi in the case titled Kailash Kumari Vs Shakuntala RC.REV. 6/2017 decided on 02.02.2018 held that in the application for leave to defend the tenant must set out the precise […]
12th Feb, 2018

In the cases where the insured was self-employed, the award of future prospects cannot be denied.

The Hon’ble Supreme Court in the matter Reliance General Insurance Company Ltd. Vs. Shalu Sharma and Ors (SLP (C) No. 23086 of 2016) decided on February 02, 2018, dismissed the petition where the insurer challenged […]
1st Feb, 2018

An eviction order can be passed on satisfaction of any one ground under the Rent legislation

The Supreme Court has held that it is not necessary for the landlord to make out all the grounds which he has taken in the plaint for claiming eviction of the tenant under the Rent […]
1st Feb, 2018

An Interim or Partial award, which finally settles an issue between the parties in an Arbitral Award and can be challenged under Section 34 separately and independently

The Supreme Court recently had the occasion to determine an issue “Whether an award delivered by an Arbitrator, which decides the issue of limitation, can be said to be an interim award, and whether such […]
1st Feb, 2018

Findings of fact as well as of law of the Arbitrator/ Arbitral Tribunal are ordinarily not amenable to interference under Section 34 or 37 of the Arbitration and Conciliation Act, 1996.

The Division Bench of the Delhi High Court held that “the finding of facts as well as of law by the Arbitrator/Arbitral Tribunal is not be interfered with unless the finding is either contrary to […]
1st Feb, 2018

If there are co-owners or co-landlords of the suit premises, then any co-owner or co-landlord can file a suit for eviction against the tenant. In other words, it is not necessary that all the owners/landlords should join in filing the eviction suit against the tenant.

The Hon’ble Supreme Court of India in the case titled Kanaklata Das & Ors. Vs. Naba Kumar Das & Ors. decided on 25.01.2018 that the plaintiff being a dominus litis cannot be compelled to make […]