Articles

30th Aug, 2014

Automobile Companies charged with mammoth penalty by Competition Commission of India #indianlaws

The Commission observed that in deciding the remedies its primary objective is to correct the distortions in the aftermarket, to provide corrective measures to make the market more competitive, to eradicate practices having foreclosure effects […]
30th Aug, 2014

Complaint against dishonor of cheque payable AT PAR can be filed where the cheque was dishonored #indianlaws

By the present judgment, the Bombay High Court drawn a distinction or rather clarified that cheques payable at par if gets dishonored, the complaint filed against commission of such offence punishable under Section 138 of […]
30th Aug, 2014

Cheque dishonoured due to Stop Payment instructions may or may not be covered under Section 138 of NI Act #indianlaws

If the accused shows that in his account there were sufficient funds to clear the amount of the cheque at the time of presentation of the cheque for encashment at the drawer bank and that […]
30th Aug, 2014

Court not to substitute Arbitrator’s view by its own unless error apparent on the face of record #indianlaws

In considering objections to the Award passed by an Arbitrator, the Court is not justified in reappraising the material on record and substituting its own view in place of Arbitrator’s view.
21st Aug, 2014

Contracts of insurance including the contracts of life assurance are contracts uberrima fides i.e. contracts on utmost good faith #indianlaws

There are three conditions for application of second part of section 45 of the Insurance Act, namely, (a) The statement must be on a material matter or must suppress facts which it was material to […]
21st Aug, 2014

Revisional Powers of High Court or Sessions Judge exercisable if impugned order intermediate or quasi final #indianlaws

Any order which substantially affects the rights of the accused, or decides certain rights of the parties cannot be said to be an interlocutory order so as to bar a revision to the High Court […]
21st Aug, 2014

No person can be permitted to circumvent the law by trying to invoke misplaced sympathy #indianlaws

The subsequent purchaser cannot challenge the acquisition proceedings and that he would be only entitled to get the compensation.The provisions of the beneficial legislation cannot be permitted to be misused to the undue advantage of […]
21st Aug, 2014

Action of an Advocate duly authorised by his client similar to that of power-of-attorney acting on behalf of principal #indianlaws

Counsel appearing for a party is fully competent to put his signature to the terms of any compromise upon which a decree can be passed in proper compliance with the provisions of Order XXIII Rule […]
21st Aug, 2014

Court while dealing with prayer of vacation of interim injunction cannot decide the main controversy in issue #indianlaws

Court while dealing with prayer of vacation of interim injunction cannot decide the main controversy in issue
21st Aug, 2014

Court can deviate from agreed terms while appointing arbitrator in exceptional circumstances #indianlaws

Even if the arbitration agreement specifically provides for any particular qualification(s) of an arbitrator the same would not denude the power of the Court acting under Section 11(6), in an appropriate case to depart therefrom.
21st Aug, 2014

Issue of complaint under Section 138 N I Act being barred by time has to be raised before the Trial Court #indianlaws

High Court should consider the provisions of condonation of delay inserted as proviso to clause (b) of Section 142 of the NI Act before dismissing the complaint being barred by limitation
21st Aug, 2014

A hand written note intimating about dishonour of cheque satisfying all mandatory requirements is a valid legal notice #indianlaws

Hand written note about dishonour of cheque can be considered a notice under Section 138