Case Analysis

23rd Jul, 2018

The non-mention of the gift deed and a contrary bequest in the Will makes the Will suspect.

  The High Court of Delhi held that all the circumstances such as, long gap of time, the non-mentioning of the gift deed, the non-production of an official from the Sub-Registrar’s Office, non-familiarity of the […]
20th Jul, 2018

Presumption u/s 139 of Negotiable Instruments Act can’t be rebutted by mere denial.

The Supreme Court reiterated that mere denial of a debt or liability cannot shift the burden of proof from the accused in a case of dishonour of the cheque. The Court also made it clear […]
18th Jul, 2018

An unregistered agreement to sell can be made basis for a suit for specific performance without having any effect under Section 53A of the Transfer of Property Act, 1882

The Supreme Court held that an unregistered agreement to sell can be received as evidence of a contract in a suit for specific performance however, the protection under Section 53A of Transfer of Property Act 1882 would not be available in case of unregistered agreement […]
17th Jul, 2018

Legal principles for proving of a will – Recapitulated

The Madras High Court was faced with a suit for grant of letter of administration wherein the it restated while applying the existing legal principles for proving genuineness of a will. The judgement was delivered […]
14th Jul, 2018

There is an implied surrender of tenancy when the tenant either explicitly or by necessary implication executes a mortgage deed with respect to the subject premise.

In a recent judgment, the Hon’ble High Court of Bombay held where a landlord executes a mortgage deed in favour of tenant in possession of the premises, this will amount to implied surrender of tenancy […]
12th Jul, 2018

Arbitral Tribunal has the power to Award interest unless specifically barred from awarding

The Supreme Court has again reiterated that an arbitrator has the power to award interest unless specifically barred from awarding it; and the bar must be clear and specific. This was so held in the […]
11th Jul, 2018

Salary Certificate not the only basis for Assessing Income of the Deceased for Calculating Compensation in cases of Motor Accident Claims.

The Apex Court in a recent judgment held that there is nothing in the law which requires the Tribunal to assess the income of the deceased only on the basis of a salary certificate for […]
7th Jul, 2018

The Court must bow down to the opinion of the experts.

In a recent judgment, the Hon’ble Supreme Court of India observed that the judges are not and cannot be experts in all fields and, therefore, they must exercise great restraint and should not overstep their […]
6th Jul, 2018

Order copy obtained through Right to Information Act, 2005 is as good as a certified under certain circumstances.

The High Court of Bombay in a recent judgement held that when a copy of order is not supplied to a party by the adjudicating authority and if the same is obtained by the said […]
4th Jul, 2018

First Owner of a Copyright is entitled to exploit work for a full term as prescribed by the Copyright Act and his right is not restricted to a period lesser than the one prescribed

The Producer of a work is entitled to exploit the work for the entire term prescribed under Section 26 of the Copyright Act 1957 and is not restricted for a particular period by an agreement […]
3rd Jul, 2018

Lok Adalat does not have the power to adjudicate a controversy on merits like a regular court

In a recent judgement, the Chattisgarh High Court held that by referring to ‘determination’ and ‘award’ by the Lok Adalat, the Legal Services Authorities Act does not contemplate nor require an adjudicatory judicial determination, but […]
15th Jun, 2018

Specific Performance of an unregistered Agreement to Sell permissible when possession of the property has not been handed over

In a recent judgment, the Delhi High Court observed that it is permissible to grant the relief of specific performance to execute a sale document against an unregistered agreement to sell when possession of the […]