Delhi High Court

26th Jul, 2018

When in a previous suit between the same parties, the Plaintiff has failed to prove ownership to suit property, subsequent suit on the same point shall be barred as res-judicata

The High Court of Delhi in a recent judgement held that if an issue pertaining to ownership of a particular property has been previously decided in another suit between the same parties, the subsequent suit […]
24th Jul, 2018

Written Statement of Defendant can still be looked into when the defense has been stuck off under Order XVA.

The High Court of Delhi in a recent judgement held that even if the defense of the Defendant/Tenant has been struck off, the Written Statement filed by the said Defendant can be relied upon by […]
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 […]
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 […]
14th Jun, 2018

A petition filed under Section 34 of Arbitration Act cannot be barred by time if a copy of award has not been delivered to the Petitioner

The Hon’ble High Court of Delhi held that the compliance of Section 31 (5) of the Arbitration and Conciliation Act, 1996, (“the Act”) is a necessity for the clock of limitation to start ticking for […]
13th Jun, 2018

Ratio of Commissioner of Wealth Tax, Kanpur and Ors. Vs. Chander Sen and Ors reiterated

The Delhi High Court reiterated the law laid down in the landmark judgment of Commissioner of Wealth Tax, Kanpur and Ors. vs. Chander Sen and Ors. – if a person dies after passing of the […]
8th Jun, 2018

There cannot be inequitable partition of property held jointly and equally by parties

The Hon’ble High Court of Delhi held that an unequitable partition of a property cannot take place when all co-owners have equal right in the property. This was held by the Hon’ble High Court at […]
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 […]