Case Analysis

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 […]
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 […]