Delhi High Court

17th May, 2018

Readiness and willingness under Section 16 (c) of the Specific Performance Act has to be supported by documentary evidence

The Hon’ble High Court of Delhi in an appeal filed under Section 96, CPC has held that readiness and willingness as per Section 16(c) of the Specific Performance Act can only exist if the same […]
24th Apr, 2018

A bank guarantee is an independent agreement and is to be performed on its own terms

In a recent judgment, the Delhi High Court, held that the invocation of an unconditional bank guarantee cannot be interfered with unless there is fraud and irretrievable injustice. There should be a prima facie case […]
23rd Apr, 2018

A Counter Claim is an independent proceeding and cannot be dismissed merely for the reason that the arbitration proceedings are dismissed by the Arbitrator

The Delhi High Court held in a judgment that where an arbitration proceeding was dismissed for non-prosecution, the Counter Claim being a separate and independent claim is still maintainable and is bound to be decided […]
13th Apr, 2018

Plaint cannot be returned under Order VII Rule 10 if Defendant waives pleas objecting to the Territorial Jurisdiction

In a recent judgment, the Delhi High Court, held that a party can institute the suit only at the place of its registered office and not at its branch office, if no cause of action […]
9th Apr, 2018

Appellate Court must discuss Pleadings and Evidence in its Judgment.

In a recent judgment, the Delhi High Court, under its power of superintendence under Article 227 of the Constitution of India, 1949, ruled that it is mandatory upon the appellate Court to independently weigh the […]
7th Apr, 2018

Trial court can’t order accused to undergo life term beyond 14 years without chance for remission

The Delhi High Court has said the trial court cannot order an accused to undergo life imprisonment for a certain number of years beyond 14 years without being considered for remission. In the matter of […]
5th Apr, 2018

Arbitration Agreement referring to disputes between “partners” would include disputes involving legal representatives of a deceased partner

In a recent judgment the Delhi High Court pronounced that merely because the arbitration agreement refers to the disputes between ‘partners’, the same cannot debar or take away the right of enforcement of such an […]
3rd Apr, 2018

Applications which causally explain the cause of delay, without explaining each day’s delay is liable to be dismissed.

Each day’s delay has to be properly explained either for filing or for refiling. Where delay is attempted to be explained casually and no effort has been made to explain each day’s delay, application are […]
2nd Apr, 2018

Benefit of Section 53A of Transfer of Property Act 1882 available only on appropriately stamped and registered instruments

Under Section 53-A of the Transfer of Property Act, the benefit of an agreement to sell in the nature of part performance could not be given unless the agreement to sell was stamped for the […]
22nd Feb, 2018

It is the duty of the Court to enforce the letter and spirit of family settlements without going into technicalities.

The Hon’ble High Court of Delhi in the case titled Satish Kumar Batra Vs. Harish Kumar Batra and Ors. (RFA 776/2016) on 09.02.2018 held that once family settlements are reduced in writing, they require registration. […]
12th Feb, 2018

Where payment is made on account of interest or debt before the expiry of prescribed period of limitation, a fresh period of limitation shall be computed from time to time when the payment was so made.

The Hon’ble Delhi High Court in the matter Rajinder Valecha & Anr Vs. Satpal & ANR (RFA 590/2016) on 02.02.2018 by discussing Section 18 and Section 19 of the Limitation Act, 1963 held that acknowledgment […]
12th Feb, 2018

Leave to defend must disclose facts which would disentitle the landlord from obtaining an order of eviction for bona fide need

The Hon’ble High Court of Delhi in the case titled Kailash Kumari Vs Shakuntala RC.REV. 6/2017 decided on 02.02.2018 held that in the application for leave to defend the tenant must set out the precise […]