Case Analysis

3rd Feb, 2020

A Court of civil jurisdiction cannot pass an order of stay of proceedings pending before a Criminal Court /Tribunal/adjudicatory body

The Delhi High Court in the matter of Harinder Singh Kochar vs. Blue Coast Infrastructure, FAO (OS) 8/2020 and CM APPL. 3425/2020 decided on 28.01.2020 held that a civil court cannot be permitted to pass […]

3rd Feb, 2020

Unequivocal statements made by counsel will be binding on clients

The Supreme Court in the matter of Om Kumar vs. Suresh Kumar (Civil Appeals No. 833-834 of 2020), decided on 30.01.2020 has observed that unequivocal statements made by counsel will be binding on their clients. […]

3rd Feb, 2020

A petition under section 14(1) of Companies Act can only be entertained after expiry of three months from the date of passing of Special Resolution

The National Company Law Appellate Tribunal, New Delhi in the case of M/s. Medeor Hospitals Limited (formerly known as Rockland Hospital Ltd) vs Registrar of Companies, Delhi (Company Appeal (AT) No. 394 of 2018) on […]

27th Jan, 2020

Appellate court cannot act as an appellate court in revision proceedings

The Supreme Court of India in the matter of Varadrajan vs. Kanakavali & Ors. (Civil Appeal No. 5673/2009) dated 22.01.2020 reiterated that an order passed by a subordinate court can be interfered with only if […]

27th Jan, 2020

Delay in intimating the insurance company about the theft of the vehicle cannot be ground to repudiate the insurance claim

The Supreme Court in the matter of Gurshinder Singh vs. Shriram General Insurance Co. Ltd. being Civil Appeal No. 653 of 2020 decided on 24.01.2020 held that denying the claim merely on the ground that […]

27th Jan, 2020

Under the Land Acquisition Act, Interest awarded under Section 34 is to be calculated from the date of award and not from the date of notification.

The Supreme Court in the case of Chanabasappa vs Karnataka Neeravari Nigam Ltd. & Anr (Civil Appeal no. 475 of 2020, Arising out of S.L.P. (Civil) No. 29148 of 2016) decided on 21.01.2020 held that […]

27th Jan, 2020

Consumer Commission can appreciate additional evidence on record at the stage of appeal and revision

National Commission in the matter of Branch Manager, Universal Sompo General Insurance Company vs. Didwania Exim Pvt Ltd. & Ors. (RP No. 533 of 2019), decided on 21.01.2020, has opined that additional evidence/ documents can […]

20th Jan, 2020

Where the decision of the Disciplinary Committee is not perverse, the Court would not change their decision in appeal

The Supreme Court in the case of Om Pal Singh vs Disciplinary Authority & Ors. (Civil Appeal no. 176 of 2020) decided on 14.01.2020 held that whenever the Court direct reinstatement, they should apply their […]

20th Jan, 2020

Proviso to Section 24(1) of the Arbitration and Conciliation Act, 1996 provides that oral hearing on the request of a party be granted as a matter of “right”

In the matter of Sukhbir Singh vs. M/s Hindustan Petroleum Corporation Limited bearing O.M.P. No. 1118 of 2014 decided on 16.01.2020, the Delhi High Court held that unless the right to require oral evidence or […]

20th Jan, 2020

Contractual employees engaged by a company entitled to Provident Fund benefit as per the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952

The Supreme Court in the matter of M/s Pawan Hans Limited & Ors. vs. Aviation Karamchari Sangathan & Ors. (Civil Appeal No. 353 of 2020) has observed that contractual employees engaged by a Company who […]

20th Jan, 2020

Inconvenience of the wife should be treated as the prime consideration in a proceeding under Section 24 of CPC arising out of a matrimonial suit.

The Calcutta High Court reiterated the above-mentioned proposition in the matter of Sanchayita Deb vs Sustana Deb (CO No. 3963 and 3964 of 2018) published on 15.01.2020. Also, in terms of language of section 9 […]

13th Jan, 2020

Basement parking is not a garage but forms a part of common area. NCDRC confirms that the club Area and the Basement Parking being common to all the allottees, developers are not entitled to collect charges for the same.

The National Consumer Disputes Redressal Commission, New Delhi in the case of Capital Greens Flat Buyer Association & Ors. vs DLF Universal Ltd. & Ors in consumer case no. 351 of 2015 on 03.01.2020 held […]

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