Articles

11th Aug, 2014

Constitutionality of a Parliamentary Act not always maintainable before Delhi merely because it is the seat of Union of India #indianlaws

Passing of legislation by itself do not confer any such right to file a writ petition unless a cause of action arises therefor. A distinction between a legislation and executive action should be borne in […]
11th Aug, 2014

Goverment appeals are equally bound the limitation Act #indianlaws

Delay in filing appeal by Government cannot be condoned merely on the ground of want of administrative sanction  
11th Aug, 2014

Mere printed conditions on the back of consignment note not conclusive to restrict territorial jurisdiction #indianlaws

Jurisdiction stated in the printed format at the back of consignment note will not bind the parties unless parties agreed to the same.
11th Aug, 2014

Essentials of show cause notice and procedure in case of blacklisting of a vendor #indianlaws

A show cause notice must precede blacklisting, stipulating grounds of proposed action and resultant penalty
11th Aug, 2014

law relating to jurisdiction of presenting complaint under Section 138 N I Act revised again. #indianlaws

Cheque dishonor complaint to be filed before the Court within whose territorial jurisdiction cheque drawn was dishonored
31st Jul, 2014

Where time not the essence of contract, Parties thereto must perform their part within a reasonable time #indianlaws

The legal position suggests that in the case of agreement of sale relating to immovable property, time is not of the essence of the contract unless specifically provided to that effect. However, this does not […]
31st Jul, 2014

A tenant cannot be permitted to become the cause for denial of familial pleasures of the landlord #indianlaws

The term bona fide or genuinely refers to a state of mind. Requirement is not a mere desire. The degree of intensity contemplated by “requires” is much higher than in mere desire
31st Jul, 2014

Manufacturer restricting market to its authorised sellers alone does not amounts to abuse of dominance #indianlaws

Offline and online markets differ in terms of discounts and shopping experience and buyers weigh the options available in both markets and decides accordingly. If the price in the online market increase significantly, then the […]
31st Jul, 2014

Husband is obliged to see that his wife does not become a destitute, a beggar #indianlaws

if the husband is required to earn money with physical labour, if he is able bodied. There is no escape route from payment of maintenance, unless there is an order from the Court that the […]
31st Jul, 2014

Investor has to be cautious- expected returns may be far below the expectation #indianlaws

All investments were subject to markets risks and fluctuations and an investor has to exercise due caution while investing any amount in any Scheme. Simply, because the maturity amount is below their expectations they cannot […]
22nd Jul, 2014

Law relating to drafting an agreement-It should be is clear, simple and straight forward #indianlaws

These days with the use of computers and user friendly editing procedures like cut and paste facilities, the text is sourced and added hoping the same to be appropriate to the work to avoid redundancy, […]
22nd Jul, 2014

Wait-listed passengers holding e-ticket should not be in a position disadvantageous against those holding physical tickets #indianlaws

 Wait-listed ticket in the physical form, as distinct from e-ticket which is automatically cancelled, continues to exist, even if not confirmed on preparation of the “final chart”