Articles

6th Nov, 2013

Restriction in the power of the Court to condone delay in re-filing objections to Arbitration Award

Court has the Jurisdiction to condone delay in re-filing even if the period extends beyond the time specified in Section 34(3) of the Arbitration and Conciliation Act, 1996
5th Nov, 2013

Restriction in the Service contract against taking employment with the competitiors raises no Competition issue

A clause in service contract restricting an employee from taking employment with the competitors, after he leaves the employment, for a particular period, raises no competition issue.
4th Nov, 2013

The Rule of Strict Liablity

Measuring liability of an Enterprise engaged in an hazardous or inherently dangerous industry, if by reason of an accident occurring in such industry, person die or are injured
30th Oct, 2013

What is the fate of an agreement to sell executed in violation of the injunction order?

Merely because property in relation to which agreement was entered upon is no longer subject to any order of restrain, party seeking specific performance does not automatically becomes entitled to such relief.
29th Oct, 2013

Jurisdiction of Civil Court vis-à-vis Scope of Section 34 of the SARFESI

A Civil Court has no jurisdiction to entertain any suit or proceedings in respect of matters falling under Section 13(4) of the Securitisation Act as such matters comes under the jurisdiction of the DRT and […]
26th Oct, 2013

Date on which cause of action arose for filing complaint for dishonour of cheque is to be excluded for the purposes of limitation

While calculating the period of one month as prescribed under Section 142(b) of the Negotiable Instruments Act, 1881 for filing a criminal complaint on the ground of dishonour of cheque, the period is to be […]
23rd Oct, 2013

Hospital vicariously liable for its doctors and their conduct – whether on the panel of hospital or associated as visiting doctors.

Right to Health of a citizen is a fundamental right as guaranteed under Article 21 of the Constitution of India.
22nd Oct, 2013

Tax Appellatte Tribunal has no power in terms of Rule 24 of the Tribunal Rules to dismiss an appeal before it for non-prosecution

Whether Income Tax Appellate Tribunal (ITAT) in exercise of Rule 24 of the Income Tax Appellate Tribunal Rules, 1963 (Tribunal Rules) can dismiss the appeal for non prosecution, and, second, interpreting Rule 24 of the […]
20th Oct, 2013

Institutional Arbitration

Parties to contract relying upon their own set of agreed rules to their advantage are estopped from pleading to the contrary that the rules are inapplicable for any other purpose when such rules are themselves […]
16th Oct, 2013

Dishonour of Cheques-Vicarious liability of Directors

The Hon’ble Supreme Court in a matter dealt with the issue of vicarious liability of Directors in the offence of dishonour of cheque.
9th Oct, 2013

Court Fee (Delhi Amendment) Act, 2012 held invalid and ultra vires the Constitution and therefore struck down

In a set of writ petitions filed before the Delhi High Court, validity of Court Fee (Delhi Amendment) Act, 2012 was questioned and the same was sought to declared ultra vires and thus liable to […]
8th Oct, 2013

Income does not accrue in the year of export but in the year in which imports are made

The income accrues when there “arises a corresponding liability of the other party from whom the income becomes due to pay that amount