Case Analysis

11th Mar, 2019

Applicability of Arbitration and Conciliation Act on the dispute between the landlord and the tenant in the Transfer of Property Act

The Hon’ble Supreme Court of India, in Vidya Drola & Ors. versus Durga Trading Corporation being Civil Appeal No. 2402 of 2019 on 28.02.2019  allowed the arbitration proceeding to resolve dispute between  the landlord and […]
11th Mar, 2019

The passing off suits based solely on the registered design is not maintainable.

Dismissing the suits filed by multinational footwear manufacturer Crocs Inc., the Delhi High Court has held that suit for action against passing off solely based on a design registered under the Designs Act 2000 is […]
11th Mar, 2019

Objection of unstamped and unregistered arbitration agreement is not an impediment to an arbitrator being appointed under Section 11(6) if there is a valid arbitration clause

The Delhi High Court held that the scope of Section 11(6) of the Arbitration and Conciliation Act, 1996 is limited to examining whether there is a valid arbitration clause between the parties. Objections such as […]
11th Mar, 2019

No Limitation Period To Seek Declaration Of A Marriage As ‘Null And Void

The Supreme Court has observed that no period of limitation is prescribed so far as presentation of petition for declaration to declare a marriage being null and void, under Section 24 of the Special Marriage […]
28th Feb, 2019

Independent assessment of merits of award cannot be made in an arbitration appeal.

The Supreme Court has observed that a court while considering an appeal under Section 37 of the Arbitration and Conciliation Act, cannot undertake an independent assessment of the merits of the award. The Supreme Court […]
28th Feb, 2019

Even a blank cheque leaf, would attract presumption under Section 139 of the Negotiable Instruments Act.

It was held by the Supreme Court that if a signed blank cheque is voluntarily presented to a payee, towards some payment, the payee may fill up the amount and other particulars at a later […]
28th Feb, 2019

120 Days deadline to file Written Statement is mandatory in Commercial Suits

Supreme Court has observed that proviso added to the Code of Civil Procedure by Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, is mandatory and no written statement can be […]
21st Feb, 2019

Mere agreement to sell the leased property to tenant would not terminate landlord-tenant relationship.

Mere execution of agreement to sell of the leased property with a tenant would not terminate the landlord-tenant relationship. The Supreme Court observed, If the parties really intended to surrender their tenancy rights as contemplated […]
16th Feb, 2019

Even a blank cheque leaf, voluntarily signed and handed over by the accused, which is towards some payment, would attract presumption under Section 139 of the Negotiable Instruments Act, in the absence of any cogent evidence to show that the cheque was not issued in discharge of a debt

It was held by the Supreme Court that if a signed blank cheque is voluntarily presented to a payee, towards some payment, the payee may fill up the amount and other particulars at a later […]
14th Feb, 2019

Transfer by Erroneous Representation of title will hold good if transferor acquires title later

Applying the principle of “feeding the grant by estoppel” under Section 43 of the Transfer of Property Act, the Supreme Court granted relief to a party, who was misled to purchase a property by erroneous […]
6th Feb, 2019

A buyer is not entitled for specific performance by paying only a small portion out of the total consideration as advance.

The Hon’ble High Court of Delhi held in a judgment that the acts where the less substantial consideration is paid and/ or the buyer is not in the possession of the subject property, the said […]
2nd Feb, 2019

Section 144 is attracted only when a decree or an order is varied or reversed in appeal, revision or any other proceeding or is set aside

The Apex Court held that a court of first instance may order for restitution only when a decree or an order is varied, reversed or set aside or modified. Such court is empowered to pass […]