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13th Feb, 2017

Courts can consider subsequent events in adjudication of disputes #indianlaws

The Supreme Court in the matter of Nidhi Vs Ram Kirpal Sharma Civil Appeal no. 1008 of 2017 decided on 2nd Feb, 2017 that ordinarily, rights of the parties stand crystallized on the date of […]
13th Feb, 2017

Defamation in Civil Courts-An analysis #indianlaws

Defamation may be committed two ways viz; (i)speech, or ii) by writing and equivalent modes. The English common law describes the former as Slander and the latter as Libel. The claim of slander and libel […]
11th Feb, 2017

A co-owner can maintain suit for eviction without impleading other co-owners

Delhi High Court in the matter titled as  Ram Niwas Singh Vs. Rajendra Singh, RSA 25/2017 decided on 20.01.2017, held that co-owners to a property can file a suit for eviction of a tenant in […]
11th Feb, 2017

Remedies under Consumer Protection Act are in addition of other provisions for addressing grievances

NCDRC in the matter titled as Western Railway Vs Vinod Sharma First appeal no. 451/2015 decided on 18th January, 2017 has held notwithstanding provisions of Railways Act, 1989 and availability of Railways Claims Tribunal Act […]
11th Feb, 2017

Insurance Company not liable if the keys of vehicle are left inside the Vehicle

NCDRC (National Commission) in the matter of Mahavir Prasad Gupta Vs Oriental Insurance Co Ltd First Appeal no. 1060/2016 decided on 19th January, 2017 has held that Insurance company would not be liable to pay […]
11th Feb, 2017

Mandate of arbitrator shall be terminated where parties agree to terminate proceedings

Delhi High Court in a matter titled as Power Grid Corporation of India Ltd Vs. Deepak Cables (India) Limited; OMP (T)(COMM) 4/2017 decided on 25th January, 2017 held that under  14 (1)(b) of the Arbitration […]
11th Jan, 2017

Bar of Section 92 Evidence Act does not operate when the document is sham and not to be acted upon #legalupdates

In a case before the Madras HC, the court relied on judgments by the Apex Court in Gangabai vs. Chhabubai AIR 1982 SC 20 and Ishwar Dass Jain vs. Sohan Lal AIR 2000 SC 426 […]
11th Jan, 2017

Judicial interference in commercial matters of the government not warranted unless illegal/irrational #legalupdates

Supreme Court has cautioned that in commercial matters, judicial interference is warranted only when an administrative action of the Government is illegal, irrational or the process through which such action is taken is beyond procedural […]
10th Jan, 2017

Allegation of fraud without proof does not render a decree fraudulent #legalupdates

When there is an allegation of fraud by non-disclosure of necessary and relevant facts or concealment of material facts, it must be inquired into. It is only after evidence is led coupled with intent to […]
10th Jan, 2017

HC does not have the power to punish for contempt of Supreme Court #legalupdates

There is, nothing in Contempt of Courts Act, 1971 or in Article 215 of Constitution which can be said to empower High Court to initiate proceedings suo-motu or otherwise for contempt of a superior Court […]
1st Jan, 2017

For an apology to be accepted in contempt proceedings, it should be immediate #indianlaws

Division Bench of Delhi High Court while dealing with a contempt proceedings held that an apology offered in contempt proceedings should be offered clearly and immediately, a belated apology may purge contempt but there is […]
1st Jan, 2017

Employer has the independence to decide the eligibility criterion for recruitment #indianlaws

In a case before the Delhi High Court, petitioner was denied appointment on ground that he only had three years diploma in Hotel Management instead of the required graduation degree of a recognized university. The […]