Delhi High Court

14th Dec, 2016

Is suit for Partition maintainable in presence of a Will? #indianlaws

Delhi High Court in this case had to decide questions relating to whether legal heirs can maintain a suit for partition when the parent has left a will, and second one related to payment of […]
14th Dec, 2016

Proviso to Section 34(3) of the Arbitration Act is applicable only when there is sufficient cause for not making the application within the prescribed period #indianlaws

Delhi High Court in a recent judgment has held that for application of the provisions of Section 34(3) of the Arbitration Act and, in particular, the proviso thereto, before the further period of 30 days is triggered, […]
21st Jun, 2016

Meaning of Seat of Arbitration#indianlaws

The term “subject matter of the arbitration” cannot be confused with “subject matter of the suit”. The term “subject matter” in Section 2(1)(e) is confined to Part I. It has a reference and connection with the process […]
21st Jun, 2016

Transfer of the minor’s immovable property without the permission of the Court is not binding on the minor# indianlaws

Any transfer of the nature mentioned in sub- Section 2 of Section 8 Hindu Succession Act, of the minor’s immovable property without the permission of the Court is not binding on the minor irrespective of the […]
21st Jun, 2016

No service tax chargeable in respect of composite contracts like the ones between property buyers and builder# indianlaws

The arrangement between the buyer and the builder is a composite one which involves not only the element of services but also goods and immovable property. In order to sustain the levy of service tax […]
19th Apr, 2016

As long tenancy continues to be effective, tenanted premises remains a shared household under Domestic Violence Act #indianlaws

The tenanted premises where a woman lives with her husband would definitely come within the category of shared household but as long as the tenancy survives. A deserted wife who has been or is entitled […]
3rd Mar, 2016

TRAI Regulations compensating consumer for call dropping, upheld #indianlaws

Delhi High Court has held that the TRAI under the scheme of Act exercises both regulatory and regulation making powers. The Court stated that the regulation of TRAI which prescribes the liability of the Companies […]
25th Feb, 2016

Qualification clause for the purposes of pre-natal diagnostic tests(PNDT) invalid #indianlaws

Delhi High Court has held that Section 2(p) of the PNDT Act defining a Sonologist or Imaging Specialist, is bad to the extent it includes persons possessing a postgraduate qualification in ultrasonography or imaging techniques […]
25th Feb, 2016

IPAB has exclusive jurisdiction to consider and decide upon trademark registration invalidity #indianlaws

Delhi High Court has held that IPAB has exclusive jurisdiction to consider and decide upon the merits of a plea of trademark registration invalidity – applying Section 47 and 57 of the Act- in the […]
10th Feb, 2016

A female can be a Karta, if eldest amongst coparceners #indianlaws

The Delhi High Court has held that the impediment which prevented a female member of a HUF from becoming its Karta was that she does not possess the necessary qualification of coparcenership. Now that this […]
31st Jan, 2016

Common Areas cannot be converted into parking areas on the insistence of a society resident #indianlaws

Parking in the common area, would not convert such areas into parking areas. Such circulation and common areas are meant for the utilisation by all and cannot be appropriated, even temporarily by any person for […]
20th Jan, 2016

Application of mind is sine qua non for a valid sanction for initiating criminal proceedings against a public officer #indianlaws

Obtaining sanction is a precursory sacrosanct step to initiate criminal proceedings against public officer, and the lack of a valid sanction precludes the court from taking cognizance of the offence alleged.