Case Analysis

4th Jun, 2018

National Company Law Appellate Tribunal is not justified in dismissing the main appeal for non-compliance of the direction to deposit the amount as a condition for grant of stay

  Supreme Court has held Appeals to Appellate Tribunal under Section 53B of the Competition Act 2002 does not impose any condition of pre-deposit for entertaining the appeal. Therefore, right to file the appeal and […]
2nd Jun, 2018

Indian Succession Act does not bar the succession of property of any Indian Christian by a by a foreign national by inheritance

The Apex Court held that there is no bar under the Indian Succession Act upon devolution of property of an Indian Christian upon a foreign national by succession. The said dicta was pronounced by the […]
1st Jun, 2018

Indian Succession Act does not bar the succession of property of any Indian Christian by a foreign national by inheritance

The Apex Court held that there is no bar under the Indian Succession Act upon devolution of property of an Indian Christian upon a foreign national by succession. The said dicta was pronounced by the […]
31st May, 2018

Whether the deed in question was merely an Extension of a lease or was it Renewal of lease?

The Calcutta High Court opined that if the period of demise expires, then that period can be extended by a fresh demise, by whatever name one may call it. It may be called a new […]
28th May, 2018

Purchaser of property for the purpose of expansion of an existing business, does not fall in the ambit of “Consumer” within the meaning of the Consumer Protection Act

In a recent pronouncement of the National Consumer Disputes Redressal Commission, New Delhi (referred to as “NCDRC” hereinafter) held that a purchaser of a commercial unit would be a consumer within the meaning of Section […]
18th May, 2018

In commercial transaction effected through several interconnected agreements, all parties are subject to the arbitration clause contained in the main agreement even if there is no arbitration clause in the ancillary agreement.

In a recent judgment, the Supreme Court held that where several parties are involved in a single commercial project executed through several interconnected agreements/contracts then all parties can be covered by the arbitration clause in […]
17th May, 2018

Readiness and willingness under Section 16 (c) of the Specific Performance Act has to be supported by documentary evidence

The Hon’ble High Court of Delhi in an appeal filed under Section 96, CPC has held that readiness and willingness as per Section 16(c) of the Specific Performance Act can only exist if the same […]
4th May, 2018

Objection about the territorial or pecuniary jurisdiction, if not taken at an earliest, the same cannot be allowed to be taken at a subsequent stage.

The National Consumer Dispute Redressal Commission held that if a party fails to raise an objection with respect to the maintainability of the complaint on the issue of lack of territorial or pecuniary jurisdiction, the […]
4th May, 2018

Whether the relief of injunction and specific performance can be said to be accruing from the same cause of action as thus hit by Order II Rule 2

The Hon’ble Supreme Court held that a plaintiff could not claim the relief of specific performance of agreement in the suit filed for permanent injunction. This was held by the Hon’ble Supreme Court in the […]
1st May, 2018

In case where the arbitral tribunal rules that it has no jurisdiction, an appeal against that order would lie under Section 37 of the Arbitration and Conciliation Act 1996.

The Hon’ble High Court of Delhi held that in a case where the Arbitral Tribunal proceeds to pass an award after overruling the objection relating to jurisdiction, the remedy lies in Section 34 of the […]
30th Apr, 2018

Maintaining Status Quo in case of an existing tenancy means continuing with the property being under rent

The Hon’ble High Court of Delhi held that in appeal filed under Section 96 of CPC that in a case wherein an order to maintain status quo has been imposed on a property already under […]
30th Apr, 2018

Legal heirs of an original tenant can be evicted on order of eviction against one of them

The Apex Court held that when original tenant dies, the legal heirs inherit the tenancy as joint tenants and occupation of one of the tenant is occupation of all the joint tenants. It was held […]