Supreme Court

13th Feb, 2017

Defamation in Civil Courts-An analysis #indianlaws

Defamation may be committed two ways viz; (i)speech, or ii) by writing and equivalent modes. The English common law describes the former as Slander and the latter as Libel. The claim of slander and libel […]
12th Feb, 2017

First Appeal is a valuable right of a litigant.

Supreme Court held that the right to file first appeal against the decree under Section 96 of the Code is a valuable legal right of the litigant. The jurisdiction of the first Appellate Court while […]
15th Jan, 2017

Daily-wager cannot ordinarily seek relief of reinstatement upon Illegal Termination

The Hon’ble Supreme Court held that ordinary principles of grant of reinstatement is not to be applied mechanically in all cases. It may be employed in cases where the services of the regular/permanent workman are […]
11th Jan, 2017

Judicial interference in commercial matters of the government not warranted unless illegal/irrational #legalupdates

Supreme Court has cautioned that in commercial matters, judicial interference is warranted only when an administrative action of the Government is illegal, irrational or the process through which such action is taken is beyond procedural […]
10th Jan, 2017

To absolve its liability, an insurance company must not merely establish the defence that the policy has been breached, but must also show that the breach of the policy is so fundamental in nature that it brings the contract to an end

The supreme court was entertaining an appeal against the order of the National Commission, whereby the revision of the State Commission’s order absolving the liability of the insurance company was upheld in the matter titled […]
10th Jan, 2017

Allegation of fraud without proof does not render a decree fraudulent #legalupdates

When there is an allegation of fraud by non-disclosure of necessary and relevant facts or concealment of material facts, it must be inquired into. It is only after evidence is led coupled with intent to […]
10th Jan, 2017

HC does not have the power to punish for contempt of Supreme Court #legalupdates

There is, nothing in Contempt of Courts Act, 1971 or in Article 215 of Constitution which can be said to empower High Court to initiate proceedings suo-motu or otherwise for contempt of a superior Court […]
1st Jan, 2017

Parties to an arbitration agreement are free to decide both procedural and substantive law #indianlaws

Parties (to the contract) in the present case intended to provide for two opportunities at resolving their disputes or differences. First was a settlement by arbitration in India (‘arbitration result’) and second was by arbitration […]
14th Dec, 2016

Court cannot decide disputed questions of fact under Art. 226 of the Constitution of India, #indianlaws

The Supreme Court has held that the bank guarantee is an independent contract between the guarantor-bank and the guarantee-appellant. The guarantee is unconditional. Though the performance guarantee is against the breach by the lead promoter, […]
14th Dec, 2016

Cheque given as ‘Security’ is covered within the ambit of Section 138 of N.I Act #indianlaws

The Supreme Court in a judgment delivered in September has held that the dishonour of a post-dated cheque given for repayment of loan installment which is also described as “security” in the loan agreement is […]
6th Jun, 2016

True scope and ambit of the term Judgment #indianlaws

Every interlocutory order cannot be regarded as a judgment but only those orders would be judgments which decide matters of moment or affect vital and valuable rights of the parties and which work serious injustice […]
6th Jun, 2016

Apex Court interprets applicability of Sector 3 of the Sports Act, 2007 #indianlaws

Section 3(1), mandates sharing of live broadcasting signals with Prasar Bharati has to be ‘without its advertisements’. Exception is, however, made in sub-section (2) of Section 3 which enables the broadcasting service provider to even […]