Articles

17th Sep, 2018

The tenant is liable to pay mesne profit even if he continued to pay the monthly rent after the termination of the lease deed

In a recent judgment, the Delhi High Court, held that the mere acceptance of rent does not amount to waiver of notice to quit unless there is any other evidence to prove or establish that […]
17th Sep, 2018

A suit filed on the basis of an open, mutual and current account, limitation commences at the end of the financial year for which the transactions are entered into

The Delhi High Court held that when a suit is based on current, open, mutual account, the period of limitation as per Article I of the Limitation Act commences at the end of the financial […]
17th Sep, 2018

Under Companies Act 2013, the Tribunal can pass interim orders with respect to the conduct of the company’s affairs.

It was held by the National Company Law Appellate Tribunal that under Section 241 read with Section 242 of the Companies Act 2013, the Tribunal is empowered to pass interim order in a petition for […]
15th Sep, 2018

Appointment of officials of the government as arbitrator where the government itself is a party is hit by Section 12(5) read with Seventh Schedule of the amended Arbitration Act

The Delhi High Court noted that the relationship of Secretary, Ministry of Defence, GOI with the Union of India i.e. respondent in the present matter was hit by Section 12(5) read with Seventh Schedule of […]
14th Sep, 2018

Section 7 (5) and 7 (6) of the Insolvency and Bankruptcy Code 2016 make it clear that for the purpose of admitting an application under Section 7 of the Code, ‘default’ has to be ascertained as on the date of the decision of the adjudicating authority and not at the time of filing of the application.

  The said ratio was delivered by the National Company Law Appellate Tribunal in the matter of Core Hotels Ventures Private Limited and Anr. Vs. Bank of Baroda and Anr., Company Appeal (AT) (Insolvency) No. […]
14th Sep, 2018

Article 18 of the schedule of the Limitation Act, prescribing the limitation of three years from the date when the work is done, would come into play when no specific date for payment is fixed.

In a recent judgment, the Hon’ble High Court of Delhi observed that in the case when no specific date for payment is fixed, the cause of action accrues on the date when the work is […]
14th Sep, 2018

Relief under Section 6 of the Specific Relief Act is summary in nature and no appeal lies against it

The Supreme Court reminded the courts below that proceedings under Section 6 of the Specific Relief Act were not appealable in the light of Section 6(3) of the Act. The said observation was made by […]
14th Sep, 2018

Principle of Molding Relief can’t be invoked at an Interlocutory Stage

The Supreme Court has observed that principle of molding of relief could at best be resorted to at the time of consideration of final relief in the main suit and not at an interlocutory stage. […]
14th Sep, 2018

Railways empowered to frame its own rules to lay down service conditions of its Employees

The Supreme Court has held that the Railways is not bound by the memorandum issued by the Department of Personnel and Training (DoPT) and are empowered to frame its own rules to lay down the […]
13th Sep, 2018

If the vehicle owner was aware that the driving license of the driver was not genuine, the insurer will be absolved from liability

  In a recent judgment, the Supreme Court, held that the adjudicating tribunal has to analyze evidence and pleading to ascertain whether the vehicle owner was aware that the driving license of the driver was […]
13th Sep, 2018

Contempt Action without framing of charges not sustainable

The Division Bench of the Apex Court set aside the conviction and sentence imposed by the Delhi High Court under the Contempt of Court Act 1971, holding, inter-alia, that formal charges were not framed against […]
13th Sep, 2018

A suit filed on the basis of an open, mutual and current account, limitation commences at the end of the financial year for which the transactions are entered into

The Delhi High Court held that when a suit is based on current, open, mutual account, the period of limitation as per Article I of the Limitation Act commences at the end of the financial […]