Case Analysis

12th Feb, 2018

In the cases where the insured was self-employed, the award of future prospects cannot be denied.

The Hon’ble Supreme Court in the matter Reliance General Insurance Company Ltd. Vs. Shalu Sharma and Ors (SLP (C) No. 23086 of 2016) decided on February 02, 2018, dismissed the petition where the insurer challenged […]
1st Feb, 2018

An eviction order can be passed on satisfaction of any one ground under the Rent legislation

The Supreme Court has held that it is not necessary for the landlord to make out all the grounds which he has taken in the plaint for claiming eviction of the tenant under the Rent […]
1st Feb, 2018

An Interim or Partial award, which finally settles an issue between the parties in an Arbitral Award and can be challenged under Section 34 separately and independently

The Supreme Court recently had the occasion to determine an issue “Whether an award delivered by an Arbitrator, which decides the issue of limitation, can be said to be an interim award, and whether such […]
1st Feb, 2018

Findings of fact as well as of law of the Arbitrator/ Arbitral Tribunal are ordinarily not amenable to interference under Section 34 or 37 of the Arbitration and Conciliation Act, 1996.

The Division Bench of the Delhi High Court held that “the finding of facts as well as of law by the Arbitrator/Arbitral Tribunal is not be interfered with unless the finding is either contrary to […]
1st Feb, 2018

If there are co-owners or co-landlords of the suit premises, then any co-owner or co-landlord can file a suit for eviction against the tenant. In other words, it is not necessary that all the owners/landlords should join in filing the eviction suit against the tenant.

The Hon’ble Supreme Court of India in the case titled Kanaklata Das & Ors. Vs. Naba Kumar Das & Ors. decided on 25.01.2018 that the plaintiff being a dominus litis cannot be compelled to make […]
1st Feb, 2018

In a suit under Order XXXVII, the period of Limitation under Article 35 of Limitation Act commences from the date of dishonour of cheque and not from the date of cheque

In a recent judgement, the Delhi High Court held that for the purpose of Article 35 of the Limitation Act, 1963 the cause of action arises not on the date mentioned in the cheque but […]
1st Feb, 2018

Substituted Service is an exception to the normal mode of service hence its compliance must be strictly followed

The Supreme Court held that substituted service under Order 5 Rule 20 Code of Civil Procedure is an exception to the normal mode of service. It further held that while ordering substituted service the court […]
22nd Jan, 2018

Admissions in pleadings or judicial admission admissible under Section 58 of the Evidence Act, made by the parties or their agents at or before the hearing of the case, stand on a higher footing than evidentiary admission.

It was held that the object of the First Proviso to Section 92 of the Evidence Act is to give benefit of those cases where a person has been defrauded or intimidated or there is […]
22nd Jan, 2018

Caste is determined by birth and cannot be changed by marriage with a person of scheduled caste.

The Hon’ble Supreme Court of India in the case titled Sunita Singh Versus State of Uttar Pradesh and Others (Civil Appeal No. 487/2018) decided on 19.01.2018 that merely a woman is marrying someone belonging to […]
22nd Jan, 2018

The insurance company must at the time of accepting the premium advise the policy holder properly and not deny liability later

The insurance company cannot accept the premium without asking for any details and later deny its liability on the ground that such details were not provided opined the Supreme Court in I.C. Sharma vs The […]
22nd Jan, 2018

The Supreme Court cannot be regarded to be the Court of first instance for all purposes merely because it was the Court which appointed the Arbitrator.

Solely because a superior court appoints the arbitrator or issues directions or has retained some control over the arbitrator by requiring him to file the award in this Court, it cannot be regarded as a […]
22nd Jan, 2018

Mere objection raised in the written statement regarding maintainability of a suit in view of an existing arbitration clause is sufficient fulfillment of Section 8 of the Arbitration Act.

The Delhi High Court held that  a  party invoking the arbitration clause does not have to file a formal application seeking a specific prayer for reference of the dispute to arbitration as long as it […]