Case Analysis

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 […]
20th Aug, 2018

Convict confined in open prison can be released on furlough without surety from relatives.

The Bombay High Court has held that a convict confined to open prison can be released on furlough by the sanctioning authority by doing away with the requirement of execution of bond by the relatives […]
20th Aug, 2018

Civil Courts in Muslim divorce proceedings can grant incidental reliefs of maintenance and right in the matrimonial property

The Bombay High Court took a view that reliefs of maintenance and right in the matrimonial property are incidental to the main relief of ‘dissolution of marriage’ hence, they are required to be considered in […]
16th Aug, 2018

Share of a coparcener after partition is ancestral property qua his male heirs but separate property qua other relations

The Supreme Court reaffirmed that upon partition, a coparcener’s share in the ancestral property is ancestral property as regards his male issue in which such male issue will have an interest by birth. As regards […]
6th Aug, 2018

Prior Notice to other party before filing application to set aside arbitral award not mandatory

  The Supreme Court has held that the requirement [under Section 34(5)] of Arbitration and Conciliation Act of prior notice to the other party before filing an application to set aside an arbitral award is […]
4th Aug, 2018

Proprietor of a Trade Mark cannot enjoy monopoly over the entire class of goods

The Supreme Court in M/S. Nandhini Deluxe vs. Karnataka Co-Operative Milk Producers Federation Ltd. [CIVIL APPEAL NO. 2943-2944 OF 2018], decided on 26.07.2018 has held that the proprietor of a trade mark cannot enjoy monopoly […]
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 […]
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 […]