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10th Jul, 2014

Alternative remedy to filing of appeal under Section 53T of Competition Act not an absolute bar # indianlaws

The issue before Court in the present appeal was of the maintainability of a writ petition under Article 226 of the Constitution of India against the order of the Competition Appellate Tribunal (Tribunal), otherwise is […]
10th Jul, 2014

Mere existence of dispute between parties to contract not sufficient to restrain enforcement of Bank Guarantees

Bank guarantee is absolute and unequivocal. There are only two exceptions to this rule. First, when there is a clear fraud of an egregious nature about which bank has notice. Second, is irretrievable injury which, […]
10th Jul, 2014

Fatwa have no force of law #indianlaws

The Supreme Court was called upon to answer a question  whether Dar-ul-Qaza is a parallel court and ‘Fatwa’ has any legal status.
10th Jul, 2014

Arrest in dowry cases should not be an automatic outcome of complaint #indianlaws

Supreme Court in a recent judgement made arrest difficult in the matrimonial disputes to avoid abuse of penal provisions under Section 498A IPC and Dowry Prohibition Act
30th Jun, 2014

Prosecution of Directors under Section 138 of the N I Act requires impleadment of Company #indianlaws

The irresistible conclusion for maintaining the prosecution under Section 141 of the Act, arraigning of a company as an accused is imperative. The other categories of offenders can only be brought in the dragnet on […]
30th Jun, 2014

Promise to pay time barred debts under Section 25 of Contract Act must be express #indianlaws

 An implied promise to pay inferred from an acknowledgment could not be made the basis of the suit to recover a debt barred at the time of the acknowledgment unless it is express
30th Jun, 2014

Burden to rebut the presumption of service lies on the party, challenging the factum of service #indianlaws

 The presumption under Section 114(f) of the Evidence Act read with Section 27 of the General Clauses Act is rebuttable on a consideration of evidence of flawless character
30th Jun, 2014

Remedy under section 9 of A & C Act should not be granted for the purpose of providing security of an award #indianlaws

The Court’s jurisdiction to arrest a ship in an action in rem should not be exercised for the purpose of providing security of an award, which may be made in arbitration proceedings
27th Jun, 2014

All one needs to know about Will in India #indianlaws

The law on intestate succession is governed by the Indian Succession Act, 1925 for all communities except Muslims.
27th Jun, 2014

Hindu Law of Succession #indianlaws

This article discusses the journey of a Hindu succession laws from the Mitakshara era to the present era where the women have been empowered
19th Jun, 2014

Doctrine of promissory estoppel #indianlaws

Section 116, Evidence Act provides that no tenant of Immovable property or person claiming through such tenant shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, […]
19th Jun, 2014

Writ Court should not intervene where Adjudicating Authority under Prevention of Money Laundering Act #indianlaws

High Courts to avoid stating that the writ jurisdiction being discretionary, should not ordinarily be exercised by quashing a show cause notice.