Articles

25th Oct, 2018

Readiness and willingness to perform contract must subsist throughout the case

A party to a contract has to show and establish his willingness and readiness to perform his part of contract throughout, including the day when the suit for specific performance was filed. This was held […]
23rd Oct, 2018

SARFESI Act 2002 has an overriding effect on other laws, including Code of Civil Procedure

A peculiar situation came before the Bombay High Court in the matter of M/s Corporation Bank vs. Hon’ble Chief Metropolitan Magistrate (Writ Petition No. 11729/2018) which was decided on 22nd October, 2018. In this matter […]
23rd Oct, 2018

If an examinee is unable to appear for examination due to medical reasons, this will not constitute first attempt for that paper

In absence of any Ordinance or Regulations of a university, if a student is unable to appear for a paper due to medical reasons, he or should will be deemed to have not attempted the […]
22nd Oct, 2018

Non- disclosure of common lifestyle diseases is not a ground to deny insurance claim

The National Consumer Disputes Redressal Commission observed that mere non-disclosure of lifestyle diseases does not become a ground for denial of insurance claim to the insured. However, such non-disclosure may result in reduced claims. The […]
18th Oct, 2018

High Court does not enjoy Appellate or Supervisory jurisdiction in adjudicating objections to Arbitration Award

A contract was granted for installation of power cables to M/s L S Cables (LSC). The contract granting company was M/s Power Grid Corporation (PGC). The agreement was signed between the parties on 22nd May, […]
18th Oct, 2018

‘Association’ referred under Section 2(1)(f)(iii) of The Arbitration and Conciliation Act would include a Consortium of Companies, one of which being a Foreign Company

The Supreme Court while holding that an ‘association’ referred to in the definition of International Commercial Arbitration under Section 2(1)(f)(iii) of the Arbitration and Conciliation Act, 1996, would include a consortium consisting of two or […]
18th Oct, 2018

Territorial jurisdiction for instituting proceeding before NCLT will be as per the registered office of the corporate debtor.

The Ld. National Company Law Appellant Tribunal while interpreting Sub-section (1) of Section 60 of the Insolvency and Bankruptcy Code, 2016 (I&B Code 2016), held that NCLT where the registered office of the corporate debtor […]
17th Oct, 2018

Arbitration agreement can be retrospectively applicable if the conduct of parties indicate that they continued to do business on similar terms

This was held by the Hon’ble High Court of New Delhi in the matter of Connaught Plaza Restaurants Pvt. Ltd. v. Radhakrishna Foodland Pvt. Ltd., OMP(I)(COMM) No. 103 of 2018, on 17th September, 2018. Challenge: […]
16th Oct, 2018

In absence of any urgency, matter cannot be referred to a Commissioner for recording of evidence without the consent of parties

This was held by the Hon’ble High Court of New Delhi in the matter of Savita Devi v. Lalit Kumar, CM (M) No. 1203 of 2018, on 3rd October, 2018. Challenge: The Petitioner/wife impugns order […]
15th Oct, 2018

Benefit of Section 17 of the Limitation Act is not applicable to proceedings under Section 34 of Arbitration Act. The period of limitation under Section 34(3) of the Arbitration Act is inviolable

The Supreme Court has held that delay in filing of objection cannot be justified on the grounds of Section 17 of the Limitation Act by taking a defence of fraud having been played on the […]
13th Oct, 2018

Cheque Bounce Complaint filed by Power of Attorney Maintainable in Law

The Apex Court in a recent decision has reiterated that a complaint under Section 138 of the Negotiable Instruments Act filed by a Power of Attorney holder would be maintainable in law. This was held […]
12th Oct, 2018

A claim for negligence against a doctor can succeed when it is proved that either he does not possess requisite skill which he professed to have possessed, or, he did not exercise such skill with reasonable competence

In a complaint based on alleged negligent acts of a surgeon, the apex court held that a surgeon or a doctor cannot and does not guarantee that the result of surgery would invariably be beneficial, […]