Articles

22nd Jul, 2014

Confusion between medicinal products can be life threatening and not merely inconvenient #indianlaws

Confusion between medicinal products may be life threatening, not merely inconvenient.  Thus there should be as many clear indicators as possible to distinguish two medicinal products from each other.
22nd Jul, 2014

A major child can claim maintenance from his father in exceptional circumstances #indianlaws

A major son of the well educated and economically sound parents can claim educational expenses from his father or mother irrespective of the fact that he has attained majority
22nd Jul, 2014

Condition of pre-deposit for entertaining appeal has no nexus with the order of stay #indianlaws

 A pre-deposit condition to deposit the amount being condition precedent for entertaining appeal, has no nexus with the order of stay, as such an order may or may not be passed by the National Commission. […]
22nd Jul, 2014

Arbitration and Conciliation Act, 1996 not applicable to arbitrate disputes between licensees and generating companies #indianlaws

The Supreme Court relying on the settled principle held that the special law overrides the general law and accordingly, Section 11 of the Arbitration and Conciliation Act, 1996 would have no application to the question […]
22nd Jul, 2014

Bank cannot recover the money from the account holder wrongly credited to the account #indianlaws

The Court while making reference to Section 72 of the Indian Contract Act mentioned that the Bank does have a right to recover the money paid under a mistake. In the instant case, however, under […]
10th Jul, 2014

Law relating to act of blacklisting any person in respect of business ventures #indianlaws

In the judgment as passed by Supreme Court in the matter namely M/s. Southern Painters Vs. Fertilizers & Chemicals Travancore Ltd. and another, decided on 10.09.1993 (reported as AIR 1994 SC 1277 = 1994Supp(2)SCC699), dealt […]
10th Jul, 2014

Relinquishment Deed only acknowledging acts already done does not require registration #indianlaws

The question before the Bombay High Court was whether relinqushment deed requires registration
10th Jul, 2014

Alternative remedy to filing of appeal under Section 53T of Competition Act not an absolute bar # indianlaws

The issue before Court in the present appeal was of the maintainability of a writ petition under Article 226 of the Constitution of India against the order of the Competition Appellate Tribunal (Tribunal), otherwise is […]
10th Jul, 2014

Mere existence of dispute between parties to contract not sufficient to restrain enforcement of Bank Guarantees

Bank guarantee is absolute and unequivocal. There are only two exceptions to this rule. First, when there is a clear fraud of an egregious nature about which bank has notice. Second, is irretrievable injury which, […]
10th Jul, 2014

Fatwa have no force of law #indianlaws

The Supreme Court was called upon to answer a question  whether Dar-ul-Qaza is a parallel court and ‘Fatwa’ has any legal status.
10th Jul, 2014

Arrest in dowry cases should not be an automatic outcome of complaint #indianlaws

Supreme Court in a recent judgement made arrest difficult in the matrimonial disputes to avoid abuse of penal provisions under Section 498A IPC and Dowry Prohibition Act
30th Jun, 2014

Prosecution of Directors under Section 138 of the N I Act requires impleadment of Company #indianlaws

The irresistible conclusion for maintaining the prosecution under Section 141 of the Act, arraigning of a company as an accused is imperative. The other categories of offenders can only be brought in the dragnet on […]