Case Analysis

11th May, 2017

Provisions of Insolvency and Bankruptcy Code regarding time are not mandatory

NCLT in the matter of J K Jute Mills Company Limited Vs Surendera Trading Company; Company Appeal (AT) No. 9 of 2017 compared the prescription of time limit prescribed under Section 7, 9 and 10 […]
11th May, 2017

Interim orders cannot be granted in Arbitration proceedings where claim cannot be specifically enforced

Bombay High Court in the matter of B E Billimoira and Company Vs Mahindra Bebanco Developers Limited; Commercial Arbitration Petition (Ldg) No. 29 of 2017 held no interim order can be passed by Court/Arbitrator under […]
11th May, 2017

Court auction sale cannot be set aside just for asking

The Supreme Court Chilamkurti Bala Subrahmanyam
vs. Samanthapudi Vijaya Lakshmi; Civil Appeal No. 5988 of 2007 has held that for setting aside a court auction sale a charge of fraud or material irregularity under Order 21 […]
2nd May, 2017

Sale of a property by Bank invoking SARFESI is as good as sale made by borrower

Madras High Court in the matter of R. Arumugasamy Vs Authorised officer; Review Petition no. 82 and 83 of 2016 held that where there is more than one property mortgaged with the secured creditor, it […]
2nd May, 2017

Calculation of damages on account of defective goods

Delhi High Court in the matter of Thyssen Krupp Materials Vs Steel Authority of India; FAO (OS) 150/2002 held that Section 73 of Indian Contract Act stipulates the rule of damages for breach of contract, […]
2nd May, 2017

Magistrates have to be vigilant before issuing summons or taking cognizance of an offence

Supreme Court in the matter of Mahender Singh Dhoni Vs. Yerraguntla Shyamsundar; Transfer Petition (Criminal) no. 23 of 2016 cautioned the magistrates who have been conferred with the power of taking cognizance and issuing summons […]
2nd May, 2017

Complaints by a spouse to public authorities do not per se constitute Cruelty

Supreme Court in the matter of Raj Talreja Vs Kavita Talreja; Civil Appeal no. 10719/2013 held that mere filing of complaints against the spouse is not cruelty, if there are justifiable reasons to file the […]
2nd May, 2017

Parties by an Agreement can confer jurisdiction upon a Court in Arbitration matters

Supreme Court in the matter of Indus Mobile Vs. Datawind Innovations; Civil appeal no. 5370-5371/2017 in a landmark judgment has modified the understanding of law with regard to jurisdiction of Court. Age old law that […]
8th Apr, 2017

The scope of judicial review under Article 226 is limited to the deficiency in decision-making process and not the decision

Delhi High Court held that the Court should not interfere under A. 226, with the administrator’s decision unless it was illogical or suffers from procedural impropriety or was shocking to the conscience of the court, […]
20th Mar, 2017

Non- communication of terms and conditions of insurance policy amounts to deficiency in service

The NCDRC agreed with the conclusions of both the District forum and the State Commission that the terms and conditions, based upon which, the insurance claim had been repudiated, were never brought to the knowledge […]
17th Mar, 2017

Limitation Act applies to Arbitration and Conciliation Act 1996

Delhi High Court in the matter of Jammu and Kashmir State Power Development Corporation Vs K J M C Global Market; FAO (OS) 263/2016 held It is now well settled that the provisions of the […]
17th Mar, 2017

Lowest bidder not necessarily entitled to grant of tender

Delhi High Court in the matter of Inderjit Mehta Vs Union of India; WP (C ) 683/2017 decided on 2nd March, 2017 held there is no vested right of a participant in a tender to […]