Case Analysis

24th Apr, 2018

A bank guarantee is an independent agreement and is to be performed on its own terms

In a recent judgment, the Delhi High Court, held that the invocation of an unconditional bank guarantee cannot be interfered with unless there is fraud and irretrievable injustice. There should be a prima facie case […]
23rd Apr, 2018

A Counter Claim is an independent proceeding and cannot be dismissed merely for the reason that the arbitration proceedings are dismissed by the Arbitrator

The Delhi High Court held in a judgment that where an arbitration proceeding was dismissed for non-prosecution, the Counter Claim being a separate and independent claim is still maintainable and is bound to be decided […]
19th Apr, 2018

Commercial dispute above the specified value will be entertained by a Commercial Court even in cases where relief is not susceptible to monetary value.

In a recent judgment, the Bombay High Court reiterated that in terms of Section 10, Section 12 and Section 2(i) coupled with Section 15(2) of the of the Commercial Courts Act, where the subject matter […]
19th Apr, 2018

An Umpire under the Arbitration Act 1940 need only to review the evidence and submissions on points of disagreement between the Arbitrators.

The Hon’ble Apex court held that Article 4 of Schedule 1 of the Arbitration Act 1940 clearly states that when the Umpire enters upon a Reference, the Arbitrators become functus officio. The Umpire takes upon […]
14th Apr, 2018

Defamatory allegations against office of Chief Minister to constitute an offence should have reasonable connection with the discharge of public duties of Chief Minister.

In a landmark judgment on law relating to Defamation, the Supreme Court, closed criminal proceedings against chief spokesperson of Indian National Congress for having made defamatory allegations against the Chief Minister. The reason for closure […]
13th Apr, 2018

Plaint cannot be returned under Order VII Rule 10 if Defendant waives pleas objecting to the Territorial Jurisdiction

In a recent judgment, the Delhi High Court, held that a party can institute the suit only at the place of its registered office and not at its branch office, if no cause of action […]
12th Apr, 2018

Divorce Decree under Mutual Consent is appealable

The Allahabad High Court has held that Divorce decree by consent is also appealable if the consent is disputed and is alleged to be not free & bonafide in the absence of inquiry by court. […]
9th Apr, 2018

Appellate Court must discuss Pleadings and Evidence in its Judgment.

In a recent judgment, the Delhi High Court, under its power of superintendence under Article 227 of the Constitution of India, 1949, ruled that it is mandatory upon the appellate Court to independently weigh the […]
7th Apr, 2018

Stay of proceedings ordinarily not to be granted beyond six months

The Supreme Court in a landmark case has directed that in all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry […]
7th Apr, 2018

Trial court can’t order accused to undergo life term beyond 14 years without chance for remission

The Delhi High Court has said the trial court cannot order an accused to undergo life imprisonment for a certain number of years beyond 14 years without being considered for remission. In the matter of […]
6th Apr, 2018

The Arbitration and Conciliation (Amendment) Act, 2015 is prospective in nature

In a recent judgment, the Apex Court ruled that the Arbitration and Conciliation (Amendment) Act, 2015 will be applicable in those arbitral proceedings that have commenced under Section 21 of the Arbitration and Conciliation Act, […]
5th Apr, 2018

Arbitration Agreement referring to disputes between “partners” would include disputes involving legal representatives of a deceased partner

In a recent judgment the Delhi High Court pronounced that merely because the arbitration agreement refers to the disputes between ‘partners’, the same cannot debar or take away the right of enforcement of such an […]