Case Analysis

7th Jul, 2018

The Court must bow down to the opinion of the experts.

In a recent judgment, the Hon’ble Supreme Court of India observed that the judges are not and cannot be experts in all fields and, therefore, they must exercise great restraint and should not overstep their […]
6th Jul, 2018

Order copy obtained through Right to Information Act, 2005 is as good as a certified under certain circumstances.

The High Court of Bombay in a recent judgement held that when a copy of order is not supplied to a party by the adjudicating authority and if the same is obtained by the said […]
4th Jul, 2018

First Owner of a Copyright is entitled to exploit work for a full term as prescribed by the Copyright Act and his right is not restricted to a period lesser than the one prescribed

The Producer of a work is entitled to exploit the work for the entire term prescribed under Section 26 of the Copyright Act 1957 and is not restricted for a particular period by an agreement […]
3rd Jul, 2018

Lok Adalat does not have the power to adjudicate a controversy on merits like a regular court

In a recent judgement, the Chattisgarh High Court held that by referring to ‘determination’ and ‘award’ by the Lok Adalat, the Legal Services Authorities Act does not contemplate nor require an adjudicatory judicial determination, but […]
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 […]
12th Jun, 2018

The onus to prove the municipal number of the property is upon the plaintiff as it is he who has approached the court for relief of possession of a particular property

Challenge:  Trial court dismissed the suit by also holding that Appellant/Plaintiff claimed to seek possession of the property No. A-27, but Respondent/Defendant Nos. 1 and 2 pleaded that they had no connection with the suit […]
11th Jun, 2018

Protection provided to the Consumers under the Consumer Protection Act is in addition to the remedies available under any other Statute.

Challenge: The complainant had complained that the possession of the unit booked was not delivered within a maximum period of three years from the date of agreement. The Opposite parties had taken the plea that […]
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 […]
7th Jun, 2018

Burden of proof to establish that transaction was entered into by pardanashin lady, after clearly understanding its nature, rests upon person who seeks to sustain a transaction

Orissa High Court has held that the burden of proof shall always rest upon the person who seeks to sustain a transaction entered into with a pardanashin lady to establish that the said document was […]
6th Jun, 2018

Difference between extension and renewal of lease deed

Calcutta High Court in a matter laid down the difference between “extension” and “renewal” of the lease deed. It was held that in the case of renewal, a new lease is required while in the […]