All Categories

10th Oct, 2014

Complaint for dishonour of cheque could be filed through the Power of Attorney #indianlaws

In the light of section 145 of NI Act, it is open to the Magistrate to rely upon the verification in the form of affidavit filed by the complainant in support of the complaint under […]
28th Sep, 2014

Application of doctrine of promissory estoppel against State #indianlaws

 A party acting in reliance on a promise made by the Government if has altered his position, is entitled to enforce the promise against the Government, even though the promise is not in the form […]
28th Sep, 2014

DRAT can transfer appeal/ application under Section 17 of the SARFAESI Act from one DRT to another DRT #indianlaws

The issue for discussion before the Court was that the appeal/ application under Section 17 of the SARFAESI Act is maintainable only before the DRT within whose jurisdiction the asset/property with respect to which the […]
28th Sep, 2014

A decree for specific performance of an agreement to sell cannot be reversed on the ground of rise in price #indianlaws

Rise in price is a normal change of circumstances and, therefore, on that ground a decree for specific performance cannot be reversed. However, the court may take notice of the fact of increase in prices […]
28th Sep, 2014

Arbitrator cannot parties to act on a substituted contract-same shall be illegal or erroneous #indianlaws

When parties have arrived at a concluded contract and acted on the basis of those terms and conditions of the contract then substituting new terms in the contract by the Arbitrator or by the Court […]
28th Sep, 2014

How to prove Emails and other Electornic Records in Court #indianlaws

Proof of electronic record is a special provision introduced by the IT Act amending various provisions under the Evidence Act and these special provisions on evidence relating to electronic record would be governed by the […]
28th Sep, 2014

Pre-mature filing of complaint under Section 138 N I Act is liable to be dismissed #indianlaws

 Any complaint before the expiry of 15 days from the date on which the notice has been served on the drawer/accused is no complaint at all in the eye of law. It is not the […]
24th Sep, 2014

Termination of tenancy under Section 106 TPA not necessary for State Rent Contol legislations #indianlaws

The theory of double protection or additional protection has been  stretched too far and without a proper and due consideration of all its remifications.It was accordingly held that no notice to quit is necessary under […]
24th Sep, 2014

Regulatory actions are not amenable to the jurisdiction of Competition Commission #indianlaws

Issue of abuse of dominance by IRDA did not arise and no case of contravention of the provisions of section 4 of the Act was made out against IRDA.
24th Sep, 2014

Guidelines laid down for handing over the property on Supardari #indianlaws

Delhi High Court has laid down guidlines for handing over of seized properties on Supardari
24th Sep, 2014

Mere appointment of a contractor or employee does not Absolve Corporation from its statutory duties #indianlaws

It was held by the Supreme Court held a Corpoation who grants the boating rights to contractor would continue to be liable to suprevise the boating activities and pay for the loss of life during boating.
24th Sep, 2014

Supreme Court not a Court within the meaning of Section 2(1)(e) of the Arbitration and Conciliation Act, 1996 #indianlaws

Supreme Court under no circumstances to be considered as “Court” for the purposes of Section 2(1)(e), and whether the Supreme Court does or does not retain seisin after appointing an Arbitrator