Delhi High Court

18th Sep, 2018

Letter of administration to be granted for an immovable property if all other legal heirs served through publication and have not contested the petition

In a recent judgment, the Delhi High Court, held that when two Class II legal heirs have filed their no-objection to the petition for grant of letter of administration and other Class II heirs have […]
18th Sep, 2018

Jurisdiction of the Court for Trademark Infringement can be invoked under CPC or Trade Marks Act

The Delhi High Court in the instant matter gave a wide interpretation as to what constitutes “use of a trade mark”. Court has held that in a trade mark action, use of mark includes not […]
17th Sep, 2018

The tenant is liable to pay mesne profit even if he continued to pay the monthly rent after the termination of the lease deed

In a recent judgment, the Delhi High Court, held that the mere acceptance of rent does not amount to waiver of notice to quit unless there is any other evidence to prove or establish that […]
17th Sep, 2018

A suit filed on the basis of an open, mutual and current account, limitation commences at the end of the financial year for which the transactions are entered into

The Delhi High Court held that when a suit is based on current, open, mutual account, the period of limitation as per Article I of the Limitation Act commences at the end of the financial […]
15th Sep, 2018

Appointment of officials of the government as arbitrator where the government itself is a party is hit by Section 12(5) read with Seventh Schedule of the amended Arbitration Act

The Delhi High Court noted that the relationship of Secretary, Ministry of Defence, GOI with the Union of India i.e. respondent in the present matter was hit by Section 12(5) read with Seventh Schedule of […]
14th Sep, 2018

Article 18 of the schedule of the Limitation Act, prescribing the limitation of three years from the date when the work is done, would come into play when no specific date for payment is fixed.

In a recent judgment, the Hon’ble High Court of Delhi observed that in the case when no specific date for payment is fixed, the cause of action accrues on the date when the work is […]
13th Sep, 2018

A suit filed on the basis of an open, mutual and current account, limitation commences at the end of the financial year for which the transactions are entered into

The Delhi High Court held that when a suit is based on current, open, mutual account, the period of limitation as per Article I of the Limitation Act commences at the end of the financial […]
8th Sep, 2018

Arbitrator to be appointed should be as per the Arbitration Agreement

The Delhi High Court in a recent matter set aside an award passed by a three-member arbitral tribunal even as the agreement between the parties provided for appointment of a sole arbitrator only. The Single […]
29th Aug, 2018

Restriction for Remarriage Under Hindu Marriage Act primarily applicable to parties contesting the Decree of Divorce.

The Supreme Court delivered an important judgment qua the provision in the Hindu Marriage Act 1955 which puts a condition on a divorcee in contracting a second marriage. It has been held that the protection […]
24th Aug, 2018

If the defendant fails to pursue his case or does so in a lackadaisical manner by not filing his written statement in a commercial suit, the courts should invoke the provisions of Order VIII Rule 10 to decree such cases.

In a recent judgment, the High Court of Delhi observed and held that Order VIII Rule 10 has been inserted by the legislature to expedite the process of justice. The courts can invoke its provisions […]
23rd Aug, 2018

Single co-owner cannot terminate tenancy for seeking recovery of possession when other co-owners object.

The Delhi High Court held that when there are various co-owners/co-landlords, only one co-owner/co-landlord cannot terminate the tenancy for seeking possession of the tenanted property and/or mesne profits. The observation was pronounced by an order […]
22nd Aug, 2018

There cannot be any oral gift of an immovable property, it can only be done by a registered instrument

The Delhi High Court has laid down that there cannot be any oral gift of an immovable property and that a gift becomes legally effectively only when a registered instrument is executed in the manner […]