The power of a Court to add a party to a proceeding cannot depend solely on the question whether he has interest in the suit property. The question is whether the right of a person […]
A visitation order means an order establishing the visiting times for a non-custodial parent with his or her children. Although the non-custodial parent is responsible for the care of the child during visits, visitation differs […]
The question of raising the presumption under said Section 20 would not arise unless it is shown that there was conscious acceptance of the amount knowing it to be illegal gratification.
Sections 5, 6, 7, 8 and 13 of the NTT Act were held to be unconstitutional, they since constituting the structure of the NTT Act and without these provisions the remaining provisions becoming ineffective and […]
Section 20 of the Specific Relief Act specifically provides that Court’s discretion to grant decree of specific performance is discretionary but not arbitrary and this discretion must be exercised in accordance with sound and reasonable […]
The Apex Court in the matter namely H. Venkatachala Iyengar vs. B.N. Thimmajamma & Ors. [AIR 1959 SC 443] dealt with an interesting and important question i.e. what is the true legal position in […]
Mere proof of “unfair trade practice” is not enough for claim or award of relief unless causing of loss is also established. Punitive damages are awarded against a conscious wrong doing unrelated to the actual loss […]
Where on an overall reading of the complaint under Section 138 N I Act, the High Court may quash the Complaint against the Director in the absence of more particularls about role of the Director […]
While computing the period from the making of the award till the commencement of the 2013 Act, Section 24(2) of the 2013 Act does not exclude any period during which the land acquisition proceeding might […]
It is always open to the appropriate government under Section 24(2), if it so chooses, to initiate proceedings for acquisition afresh in accordance with the provisions of 2013 Act. But, till that happens, the land, […]