Case Analysis

22nd Jan, 2018

A registered society ought to independently be a party to Arbitration Agreement in order to be amenable to Section 8 of Arbitration Act

The Delhi High Court reiterated that arbitration cannot be invoked against a non-party to the arbitration agreement. It was also held that the mere fact that the members of a registered society are parties to […]
22nd Jan, 2018

Out of turn Permanent Membership to children of existing members of Delhi Gymkhana Club restrained.

The Delhi High Court upheld a Trial Court order provisionally restraining Delhi Gymkhana Club from granting out-of-turn permanent memberships to children of existing members. A Single bench of the Delhi High Court on 04.12.2018 in […]
22nd Jan, 2018

Interpretation of the definition of “Dispute” and “existence of disputes” under the Insolvency and Bankruptcy Code, 2016

The definition of the term “dispute” has been expanded and is not restricted to pending suits and arbitration. It includes correspondences exchanged between parties showing a dispute relating to payment of debt as well. The […]
22nd Jan, 2018

A Scribe/Draftsman can be an attesting witness to a Will

A Single Bench of Delhi High Court has held that even a draftsman can be an attesting witness, if the draftsman has signed on the Will having animus attestandi.  The expression animus attestandi means that […]
22nd Jan, 2018

Section 21 of the Specific Relief Act enables the Court to award compensation in lieu of the specific performance when a contract has become impossible for no fault of the plaintiff

The Hon’ble Supreme Court of India held in the case titled Urmila Devi and ors. vs The Deity, Mandir Shree Chamunda Devi, through Temple Commissioner and ors. (Civil Appeal no. 462 OF 2018 arising out of SLP 25771/2013) decided on 10.01.2018.   Challenge […]
22nd Jan, 2018

The insured is entitled to the amount for which the goods were insured even if that be less than the actual value of the goods.

The Hon’ble Supreme Court of India in the case titled I.C. Sharma Vs The Oriental Insurance Co. Ltd. (Civil Appeal no. 3167 OF 2017)decided on 10.01.2018affirmed that the person insured is entitled to the amount […]
22nd Jan, 2018

How is an HUF created after the commencement of Hindu Succession Act 1956?

Delhi High Court recently clarified the position of law in regard to creation/existence of HUF. It was held that an HUF can come into existence prior to passing of the Hindu Succession Act in the […]
18th Jan, 2018

Once no objection is raised within a reasonable period of time with respect to alleged defects in the goods, then, the buyer cannot thereafter object to any defect in the goods.

The Hon’ble High Court in the case titled M/S. Kcl Ltd. Vs. Thomson Press India Ltd.  RFA 1007/2017 and 1014/2017 decided on 06.12.2017, upheld the decision of the Trial Court and held that the appellant/defendant […]
18th Jan, 2018

General reference to a standard form of contract of one party will be enough for incorporation of arbitration clause.

The Hon’ble Supreme Court of India in the case titled M/s INOX Wind Ltd. Vs. M/s Thermocables Ltd. (Civil Appeal No. 19 of 2018) decided on 05.01.2018 set aside the decision of the Hon’ble High […]
18th Jan, 2018

Interpretation of the definition of “Dispute” and “existence of disputes” under the Insolvency and Bankruptcy Code, 2016

The definition of the term “dispute” has been expanded and is not restricted to pending suits and arbitration. It includes correspondences exchanged between parties showing a dispute relating to payment of debt as well. The […]
18th Jan, 2018

Neither the Standards of Weights and Measures Act, 1976 nor the Legal Metrology Act, 2009, would apply so as to interdict the sale of mineral water in hotels and restaurants at prices which are above the MRP.

The Hon’ble Supreme Court of India in the case titled Federation of Hotel and Restaurant Associations of India Vs Union of India and Ors (Civil Appeal no. 21790 OF 2017) decided on 12.12.2017 affirmed the […]
17th Jan, 2018

Amendment to pleadings permissible after commencement of trial if no prejudice is being caused

The Supreme Court held that amendment in pleadings under Order VI Rule 17 could be allowed even after commencement of trial if no prejudice is caused to the other party. The said judgment was passed […]