Articles

22nd Jan, 2018

The insured is entitled to the amount for which the goods were insured even if that be less than the actual value of the goods.

The Hon’ble Supreme Court of India in the case titled I.C. Sharma Vs The Oriental Insurance Co. Ltd. (Civil Appeal no. 3167 OF 2017)decided on 10.01.2018affirmed that the person insured is entitled to the amount […]
22nd Jan, 2018

How is an HUF created after the commencement of Hindu Succession Act 1956?

Delhi High Court recently clarified the position of law in regard to creation/existence of HUF. It was held that an HUF can come into existence prior to passing of the Hindu Succession Act in the […]
18th Jan, 2018

Once no objection is raised within a reasonable period of time with respect to alleged defects in the goods, then, the buyer cannot thereafter object to any defect in the goods.

The Hon’ble High Court in the case titled M/S. Kcl Ltd. Vs. Thomson Press India Ltd.  RFA 1007/2017 and 1014/2017 decided on 06.12.2017, upheld the decision of the Trial Court and held that the appellant/defendant […]
18th Jan, 2018

General reference to a standard form of contract of one party will be enough for incorporation of arbitration clause.

The Hon’ble Supreme Court of India in the case titled M/s INOX Wind Ltd. Vs. M/s Thermocables Ltd. (Civil Appeal No. 19 of 2018) decided on 05.01.2018 set aside the decision of the Hon’ble High […]
18th Jan, 2018

Interpretation of the definition of “Dispute” and “existence of disputes” under the Insolvency and Bankruptcy Code, 2016

The definition of the term “dispute” has been expanded and is not restricted to pending suits and arbitration. It includes correspondences exchanged between parties showing a dispute relating to payment of debt as well. The […]
18th Jan, 2018

Neither the Standards of Weights and Measures Act, 1976 nor the Legal Metrology Act, 2009, would apply so as to interdict the sale of mineral water in hotels and restaurants at prices which are above the MRP.

The Hon’ble Supreme Court of India in the case titled Federation of Hotel and Restaurant Associations of India Vs Union of India and Ors (Civil Appeal no. 21790 OF 2017) decided on 12.12.2017 affirmed the […]
17th Jan, 2018

Amendment to pleadings permissible after commencement of trial if no prejudice is being caused

The Supreme Court held that amendment in pleadings under Order VI Rule 17 could be allowed even after commencement of trial if no prejudice is caused to the other party. The said judgment was passed […]
14th Jan, 2018

How is an HUF created after the commencement of Hindu Succession Act 1956?

Delhi High Court recently clarified the position of law in regard to creation/existence of HUF. It was held that an HUF can come into existence prior to passing of the Hindu Succession Act in the […]
1st Sep, 2017

Long possession of property does not entitle to protection from dispossession

The Delhi High Court in Krishan Lal vs. Union of India and Ors. decided on08.08.2017 following the judgment of the Hon’ble Supreme Court in the case of Behram Tejani and Others v. Azeem Jagani (2017) […]
1st Sep, 2017

Ownership by adverse possession

The Delhi High Court in Ved Prakash and Ors. vs. Niranjan Singh on 09.08.2017 stated that in order to establish claim of adverse possession, the first and basic ingredient in law is that the possession […]
1st Sep, 2017

Valuation of a suit property for the purpose of jurisdiction is different from valuation for the purpose of Court fees

The Supreme Court in J. Vasanthi and Ors. Vs.  N. Ramani Kanthammal (D) Rep. by L.Rs. and Ors. Civil Appeal No. 3396 of 2017 on 10.08.2017 stated that proper valuation of a suit property stands on […]
1st Sep, 2017

Essentials of mortgage by conditional sale

The Supreme Court in the matter of Vithal Tukaram Kadam vs Vamanrao Sawalaram Bhosale decided on 9 August, 2017 Civil Appeal Nos. 7245-7246 OF 2011 summarised the essentials of an agreement, to qualify as a […]