Case Analysis

17th Mar, 2020

SARFAESI & DRT proceedings will not extend Limitation period under Insolvency and Bankruptcy Code

The National Company Law Appellate Tribunal in the matter of Bimalkumar Manubhai Savalia vs. Bank of India [Company Appeal(AT) (Insolvency) No. 1166 of 2019] decided on 10.02.2020 held that the limitation period in view of […]

17th Mar, 2020

If signatures are admitted by Drawer, it is immaterial if entries are made by another person under section 138, NI Act.

The High Court of Kerala in the case of Sandhya Rani G. vs State of Kerala & Anr. (Crl. M.C. No. 1310 of 2019) on 13.03.2020 held that if the drawer admits the signature in […]

16th Mar, 2020

Once a charge is created upon a property then no further notices for attachment will be valid in any other recovery proceedings.

The Supreme Court in the case of M/s. Connectwell Industries Pvt. Ltd. vs. Union of India (Civil Appeal No. 1919 of 2010) on 06.03.2020 stated that if a charge is created upon a property then […]

16th Mar, 2020

Rule of last intention is applicable only when there is inconsistency in the bequests in a Will

The Supreme Court in the matter of M.S Bhavani & Anr vs. M.S Raghu Nandan, decided on 05.03.2020 observed that last intention rule is governed by the maxim “cum duo inter se pugnantia reperiuntur in […]

16th Mar, 2020

A person buying goods and using them himself exclusively for the purpose of earning a livelihood would be covered by the definition of “consumer” even if such use is commercial use

The Supreme Court in the matter of M\s Nandan Biomatrix Ltd. vs. S. Ambika Devi & Ors., Civil Appeal Nos. 7357-7376 of 2010 decided on 06.03.2020 held that a person buying goods and using them […]

4th Mar, 2020

Possession of foreign passport is not mandatory for applying for Indian citizenship.

The Calcutta High Court has pronounced the above-mentioned ratio in the matter of Bismillah Khan vs. Union of India & Others (W.P. 928(W) of 2020). Facts: The petitioner was a Pakhtoon citizen and due to […]

4th Mar, 2020

Where a time has been prescribed under a statute and discretion has not been granted to extend the time then the Officer would have no authority to either extend the time for deposit, or to entertain the application for setting aside the sale not supported by deposit

The Supreme Court in the matter of Narayan Yadav vs The State of Bihar (Civil Appeal No.9173 OF 2010) on 25.02.2020 held that in absence of any power conferred under Section 28 of Bihar & […]

4th Mar, 2020

In commercial suits, limitation of 120 days is applicable to file Section 8 of the Arbitration and Conciliation Act, 1996

The Delhi High Court in the matter of SSIPL Lifestyle Private Limited vs. Vama Apparels (India) Private Limited in CS(COMM) 735/2018 decided on 19.02.2020 held that in a commercial suit, the mandatory period of limitation […]

4th Mar, 2020

Suits with the basic relief of challenging the decree passed by the Debts Recovery Tribunal are not maintainable

The Supreme Court in the matter of Canara Bank vs P. Sekathal & Ors., decided on 28.02.2020 has observed that the suits with the basic relief of challenging the decree passed by the Debts Recovery […]

4th Mar, 2020

In a petition under section 14 (1) (e) of Delhi Rent Control Act, 1958, the Landlord can choose from his properties where he intends to carry on business.

The Hon’ble High Court of Delhi, in the case of Satish Kumar & Anr. vs Kanwar Raj Singh (RC .REV. 571/2015) on 25.02.2020 held that it is the primary duty of the Petitioner to intimate […]

24th Feb, 2020

Presumption available under Section 139 of the Negotiable Instruments Act, 1881 has to be rebutted only at the stage of leading evidence and not at the stage of taking cognizance

The Apex Court in the matter of Shiv Kumar Alias Jawahar Saraf vs Ramavtar Agarawal (Cr. App. No. 1688 of 2017) decided on 19.02.2020 upheld the order of the High Court which stated that the […]

24th Feb, 2020

An election cannot be challenged in a writ petition under Article 226 but only by way of an election petition

The Supreme Court in the matter of Gulabrao Ananda Patil vs. State of Maharashtra in Civil Appeal No. 1623 OF 2020 (Arising out of SLP (Civil) NO. 20814 OF 2019) decided on 14.02.2020 held that […]

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