Articles

10th Apr, 2014

Restriction on power of High Court to interfere in finding of facts under Article 226 and 227 of Constitution #indianlaws

 In the absence of mixed question of law and fact or question of law, the High Court cannot alter the finding under Articles 226 and 227 of the Constitution of India
10th Apr, 2014

Dishonoured Cheque if only towards an advance indicates that there was no existing liability #indianlaws

The payment by cheque in the nature of advance payment indicates that at the time of drawal of cheque, there was no existing liability.
10th Apr, 2014

The Court has to ensure neutrality, impartiality and independence of the third arbitrator #indianlaws #Arbitrationlaws

Court has to ensure neutrality, impartiality and independence of the third arbitrator
3rd Apr, 2014

All live-in relationship are not in the nature of Marriage #indianlaws

In the judgment as passed by the Supreme Court in Indra Sarma vs. V.K.V. Sarma [Dated 26.11.2013, Criminal Appeal No. 2009 of 2013] the Court dealt with the issue as to whether a “live-in relationship” […]
3rd Apr, 2014

Institute of Chartered Accountant(ICAI) is an enterprise within the meaning of Competition Act, 2002

Non-regulatory activities of ICAI would fall within the definition of ‘enterprise’ as organizing of CPE seminars cannot be understood as sovereign function attracting exemption under the definition of ‘enterprise’. #CompetitionAct  
3rd Apr, 2014

Predation through Judicial process-An increasing threat to Competition #indianlaws

Competition Commission formed a prima facie opinion that JCB by abusing their dominant position in the relevant market sought to stifle competition in the relevant market
2nd Apr, 2014

In case of illegal collection of tax, it is obligatory on the part of revenue to refund money with interest

The issue before the Apex Court was whether the revenue is legally responsible under Section 244A of the Income Tax Act, 1961 (Act) for payment of interest on the refund of tax made to the […]
2nd Apr, 2014

Delay in delivery of possession and defective construction in the flat makes builder liable to pay compensation #Compensation

In the judgment as passed by the Supreme Court in Lucknow Development Authority vs. M.K. Gupta [Dated 05.11.1993, reported as AIR 1994 SC 787 = 1994 SCC (1) 243] the Court dealt with the issues […]
2nd Apr, 2014

Court may grant maintenance under Section 125 Cr P C even after minor daughter attains majority #indianlaws #marriagelaws

The court in order to avoid multiplicity of proceedings should have entertained the application filed by the daughter on attaining majority for the reason that ultimately the applicant was entitled for maintenance
2nd Apr, 2014

An Arbitration Award should not be disturbed merely because two views are possible

Court hearing objections under Section 34 of the Act should not interfere with the award merely because there are two views are possible
2nd Apr, 2014

Meaning of “readiness and willingness” in a suit for specific performance #indianlaws

Two issues were posed before the Apex Court for adjudication, firstly, the jurisdiction of High Court while entertaining the Second Appeal, and secondly, meaning of the expression readiness and willingness a suit for specific performance. […]
2nd Apr, 2014

Burden of proof of proving that any property has not been partitioned lies on the party alleging it

There is a presumption that until the contrary is proved, every Hindu family is joint and undivided and all its property is Joint