When the facts necessary to make out a particular claim, or to seek a particular relief, are not found in the plaint, the court cannot focus the attention of the parties, or its own attention […]
Where the cheque is drawn by the employee of the appellant company on his personal account, even if it be for discharging dues of the appellant-company and its Directors, the appellant-company and its Directors cannot […]
Whether an unwed mother can claim herself to be the guardian of the child without notifying father, was the subject matter for consideration before the Apex Court. The court while recognizing that the father’s right […]
Precedents which enunciate rules of law form the foundation of administration of Justice and it has been held time and again that a single Judge of a High Court is ordinarily bound to accept as […]
Delhi High Court has given directions to the Family Courts to be cautious while dealing with privacy of parties to proceedings. It ruled that leave is to be sought from the Family Court before disclosing […]
The question before the Supreme Court was “whether the amounts paid by ONGC to the non-resident assessees /foreign companies for providing various services in connection with prospecting, extraction or production of mineral oil is chargeable […]
Cause of action in one matter cannot be bifurcated, one to be decided by the arbitral tribunal and other to be decided by the civil court would inevitably delay the proceedings. The whole purpose of […]
A non-signatory or third party could be subjected to arbitration without their prior consent, but this would only be in exceptional cases. The Court will examine these exceptions from the touchstone of direct relationship to […]
Court ought to act with caution and circumspection whilst examining the plea that the main contract is void or voidable. The Court ought to decline reference to arbitration only where the Court can reach the […]
Supreme Court in the case namely Shobha Rani vs. Madhukar Reddi, decided on 12.11.1987 (MANU / SC / 0419 / 1987 = [1988] 1 SCR 1010) dealt with the extent of “cruelty” as provided in […]
It was held as not within ken of the High Court in writ jurisdiction to declare any property as unencumbered one. Such rights between private parties cannot be made subject-matter of writ jurisdiction and to […]