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22nd Feb, 2015

Courts have to consider only the plaint in determining an application under Order 7 Rule 11 CPC

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 […]
22nd Feb, 2015

Forfeiture of earnest money does not infringe statutory rights

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 […]
11th Feb, 2015

RFCTLARR Ordinance 2014 is prospective

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 […]
11th Feb, 2015

Financier is liable to pay road tax of vehicle repossessed.

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.
11th Feb, 2015

CCTV footages are material piece of evidence

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. 
11th Feb, 2015

Amendment brought by Land Acquisition Ordinance 2014 is prospective

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 […]
11th Feb, 2015

Actual loss need not be proved if amount stipulated is a genuine pre-estimate of loss

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.
1st Feb, 2015

Husbands will find it tough while determining maintenance in matrimonial proceedings

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 […]
1st Feb, 2015

Victim’s plight cannot be ignored even when a crime goes unpunished for want of adequate evidence

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 […]
1st Feb, 2015

BCCI is amenable to the writ jurisdiction under Article 226 of Constitution of India

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 […]
20th Jan, 2015

Granting of unconditional leave to defend in summary trial – Legal Propositions

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 […]
20th Jan, 2015

What is the meaning of expression “As is where is basis”?

The Court held that the condition “as is whereas basis” does not mean that property may not be in existence at all.