Case Analysis

1st Sep, 2017

Essentials of mortgage by conditional sale

The Supreme Court in the matter of Vithal Tukaram Kadam vs Vamanrao Sawalaram Bhosale decided on 9 August, 2017 Civil Appeal Nos. 7245-7246 OF 2011 summarised the essentials of an agreement, to qualify as a […]
10th Aug, 2017

Powers of Police under Section 498A IPC curtailed

The Hon’ble Supreme Court of India in the matter of Rajesh Sharma Vs. State of UP, Criminal appeal no. 1265 of 2017, decided on 27th July, 2017 inter-alia gave the following guidelines in regard to […]
10th Aug, 2017

Power of Court in revision jurisdiction is limited

  The Hon’ble Supreme Court in the matter of Gandhe Vijay Kumar Vs. Mulji, Civil appeal no. 1384 of 2011 decided on 27th July, 2017 while deciding upon the powers of the Hon’ble High Court […]
10th Aug, 2017

Difference between Mortgage by conditional sale and Sale with a condition to repurchase

The Supreme Court of India in the matter of Bibi Fatima vs. M. Ahamed Hussain, Civil Appeal no. 7023/2012, decided on 1st August, 2017 opined on the question that whether a transaction is a mortgage by conditional sale […]
31st Jul, 2017

Readiness and Willingness must continue through out the proceedings

The Calcutta High Court in the matter of Amit Mondal Vs. Pannalal Das decided on 6th July, 2017 has held that Section 16(c) of the Specific Relief Act, provides that, in order to get a […]
31st Jul, 2017

Sale of an immovable property can only be made by Registered instruments

The Supreme Court in the matter of The Greater Bombay Co-operative Bank Limited vs. Nagraj Ganeshmal Jain decided on 26th July, 2017, being Civil Appeal Nos. 009777-009778 of 2017 has reiterated yet again that immoveable […]
31st Jul, 2017

Eviction only when property sublet without the permission of the landlord.

The Supreme Court in the matter Bhairon Sahai (D) vs. Bishamber Dayal (D) decided on 18th July, 2017, while dealing with a petition under Section 14(1)(b) of Delhi Rent Control Act 1958 has held that […]
27th Jun, 2017

INSIGHT TO NATIONAL COMPANY LAW TRIBUNAL #legalupdates

The National Company Law Tribunal (NCLT) was established U/s 408 of The Companies Act, 2013. It was constituted on 1st June 2016 i.e. fourteen years after its introduction by amendment in the Companies Act in […]
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 […]