While exercising the power under Order 7 Rule 11, the Court has to read averments in the plaint as a whole to find out whether it discloses a cause of action or whether the suit […]
There is a clear difference between revocation of a ‘tender’ and revocation of the ‘tender notice’. While revocation of the tender notice is the prerogative of the Corporation, revocation of the ‘tender’ could be only […]
When a repeal of an enactment is followed by a fresh legislation, such legislation does not affect the substantive rights of the parties on the date of suit or adjudication of suit unless such a […]
In the event of vehicle repossessed by the financer on account of non-payment of EMI’s, it would be financier’s liability to pay the tax liability towards road tax and penalty, as applicable.
Electronic documents are admissible as material evidence. The computer generated electronic records in evidence are admissible at a trial if proved in the manner specified by Section 65B of the Evidence Act.
The amendment in Land Acquistion Act 2013 brought by the Ordinance of 2014 would not be applicable to those case the appeals were pending much prior to the ordinance. Ordinance in so far as insertion […]
Even if there is no specific evidence of loss suffered by the Party alleging breach, the delay caused itself can be taken to have resulted in loss including loss of interest on the capital.
he parties should be directed to file a detailed affidavit of their assets, income and expenditure and the supporting documents in order to determine their true income. The assets, liabilities, income and expenditure of the […]
Order of sentence in a criminal case needs due application of mind. The Court has to give attention not only to the nature of crime, prescribed sentence, mitigating and aggravating circumstances to strike just balance […]
An important question, amongst other, that arose before the Court was to determine as to whether BCCI is ‘State’ within the meaning of Article 12 and if 19 of the Constitution of India and if […]
Whether leave to defend in a summary suit can be granted to a Defendant unconditionally or upon such terms as may appear to the Court or Judge to be just to put the defendant on […]