Case Analysis

19th Mar, 2019

Pre-Deposit Clauses to invoke Arbitration Makes Arbitral Process ineffective and expensive

The Hon’ble Supreme Court of India, vide its order dated 11.03.2019 in M/s ICOMM TELE LTD. vs Punjab State Water Supply and Sewerage Board and Anr. Civil Appeal No. 2713 of 2019, struck down the […]
19th Mar, 2019

Preferential right of heirs under section 22 of Hindu Succession Act applicable also to agricultural lands

The Supreme Court has held that the preferential right given to an heir of a Hindu under Section 22 of the Hindu Succession Act is applicable even if the property in question is an agricultural […]
19th Mar, 2019

Mere denial or mere creation of doubt does not rebut the presumption under Section 139 of the NI Act

The Apex Court held that circumstances like lack of documentary evidence to show the source of funds of complainant to advance the loan or lack of any written record of the transaction in the form […]
19th Mar, 2019

Marginal Delay in Deposit of Court Fees not a Ground to Refuse Prosecution of Suit on Merits

The Bombay High Court held that marginal delay in payment of the deposit of court fees cannot be a ground to deprive the opportunity to prosecute suit on merits. The said decision was held in […]
11th Mar, 2019

Applicability of Arbitration and Conciliation Act on the dispute between the landlord and the tenant in the Transfer of Property Act

The Hon’ble Supreme Court of India, in Vidya Drola & Ors. versus Durga Trading Corporation being Civil Appeal No. 2402 of 2019 on 28.02.2019  allowed the arbitration proceeding to resolve dispute between  the landlord and […]
11th Mar, 2019

The passing off suits based solely on the registered design is not maintainable.

Dismissing the suits filed by multinational footwear manufacturer Crocs Inc., the Delhi High Court has held that suit for action against passing off solely based on a design registered under the Designs Act 2000 is […]
11th Mar, 2019

Objection of unstamped and unregistered arbitration agreement is not an impediment to an arbitrator being appointed under Section 11(6) if there is a valid arbitration clause

The Delhi High Court held that the scope of Section 11(6) of the Arbitration and Conciliation Act, 1996 is limited to examining whether there is a valid arbitration clause between the parties. Objections such as […]
11th Mar, 2019

No Limitation Period To Seek Declaration Of A Marriage As ‘Null And Void

The Supreme Court has observed that no period of limitation is prescribed so far as presentation of petition for declaration to declare a marriage being null and void, under Section 24 of the Special Marriage […]
28th Feb, 2019

Independent assessment of merits of award cannot be made in an arbitration appeal.

The Supreme Court has observed that a court while considering an appeal under Section 37 of the Arbitration and Conciliation Act, cannot undertake an independent assessment of the merits of the award. The Supreme Court […]
28th Feb, 2019

Even a blank cheque leaf, would attract presumption under Section 139 of the Negotiable Instruments Act.

It was held by the Supreme Court that if a signed blank cheque is voluntarily presented to a payee, towards some payment, the payee may fill up the amount and other particulars at a later […]
28th Feb, 2019

120 Days deadline to file Written Statement is mandatory in Commercial Suits

Supreme Court has observed that proviso added to the Code of Civil Procedure by Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, is mandatory and no written statement can be […]
21st Feb, 2019

Mere agreement to sell the leased property to tenant would not terminate landlord-tenant relationship.

Mere execution of agreement to sell of the leased property with a tenant would not terminate the landlord-tenant relationship. The Supreme Court observed, If the parties really intended to surrender their tenancy rights as contemplated […]