Delhi High Court

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 […]
21st Aug, 2018

Once the title of the Plaintiff seeking possession is proved, onus shifts upon the defendant to plead and prove his right to remain in the occupation of the said property.

In a recent judgment, the High Court of Delhi held that once it is established that the appellant/plaintiff has title to the property, it was for the respondent/defendant to plead and prove the right, if […]
21st Aug, 2018

Oral averments in deposition of partition having taken place is not discharge of onus of proof by the person alleging partition

The Delhi High Court in Veeru Parshad Gupta vs Jogeshwari Devi RFA 586/2018 on 25.07.2018 laid that oral averments in deposition of partition having taken place is not discharge of onus of proof by the […]
21st Aug, 2018

Limitation for the buyer to seek recovery of earnest money would begin from the date when forfeiture has been pleaded by the seller

The Delhi High Court has held that limitation of the appellant/ buyer to claim the amounts under the Agreements to Sell, and which are paid to the respondent/ seller, would only commence if the respondent/seller […]
3rd Aug, 2018

An arbitration clause cannot oust the jurisdiction of a company court to adjudicate the winding up petition as a dispute regarding insolvency is a non-arbitrable dispute

The Delhi High Court reiterated that an arbitration clause cannot be a bar on institution and adjudication of a winding up petition by a company court as a dispute relating to insolvency pertain to right […]
1st Aug, 2018

Facts suppressed and misrepresented in plaint cannot be amended in order to bring the same on record at a later stage under Order VI Rule 17

In a recent judgment, the Delhi High Court, held that when a party fails to approach the Court with clean hands by suppressing and/or fabricating material facts, such a party ought to be disentitled from […]
31st Jul, 2018

If an Executor to a Will fails his duty, the beneficiaries/legatees to that Will may intervene.

In a recent judgment, the Delhi High Court, held that in case of a petition for probate of a Will, if the executor fails in his duty, any of those whom he represents are entitled […]
30th Jul, 2018

No frustration of contract if parties agree that force majeure condition would not operate

The Delhi High Court reiterated, that if parties to a contract agree to fulfil their obligations despite an intervening/force majeure circumstance, there can be no frustration of contract, in the matter of Bharat Heavy Electricals […]
28th Jul, 2018

Final Decision by an Adjudicatory Authority, if not challenged would be res judicata in a later proceeding between the parties

The Delhi High Court in Bayerische Motoren Werks AG  vs Madan Walia RFA No. 602/2005 decided on  9th July, 2018 held that the issues between the parties already stand decided by the judgment of Intellectual […]