Case Analysis

4th Nov, 2019

The State cannot enact a legislation providing an appeal directly to the Supreme Court.

The Supreme Court in its latest decision held that State Legislature cannot make law which takes away the supervisory jurisdiction of the High Court and provides an appeal directly to the Supreme Court. The Court […]
2nd Nov, 2019

The provisions of the Insolvency and Bankruptcy Code 2016 would have an over­riding effect over the Tea Act, 1953 and that no prior consent of the Central Government before initiation of the proceedings under Section 7 or Section 9 of the IBC would be required.

The Supreme Court in the matter of Duncans Industries Ltd. vs. A.J. Agrochem upheld the order of the NCLAT allowing the insolvency petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 initiated by […]
31st Oct, 2019

‘Amount Due’ not required to be proved in a proceeding under Negotiable Instruments Act in the same manner as if proving debt before Civil Court

The Supreme Court has observed that a complainant in a cheque bounce case need not prove the ‘amount due’ as if he is to prove a debt before civil court. The said ratio was held […]
30th Oct, 2019

Revenue Records do not confer title to a property, nor do they have any presumptive value on title:

The Supreme Court has reiterated that the revenue records do not confer title to a property nor do they have any presumptive value on the title.   The above mention observation was made in the […]
25th Oct, 2019

Purchaser of goods for Commercial Purpose is a ‘Consumer’ under Section 2 (1) (d) of COPRA, if he uses it himself for earning his livelihood

  The Supreme Court observed that if the commercial use of goods is by the purchaser himself for the purpose of earning his livelihood by means of self-employment, such purchaser of goods is a ‘consumer’. […]
7th Oct, 2019

Petition filed under section 433 of Companies Act 1956 beyond the period of three-years mentioned in Article 137 of the Limitation Act is time-barred, and cannot therefore be proceeded further

The Supreme Court in the matter of Jignesh Shah & Anr. v Union of India & Ors. (W.P. Civil No. 455/2019), decided on 25.09.2019 set aside the judgment of NCLAT & NCLT admitting a winding […]
7th Oct, 2019

Witnesses To Sale Deed/Will Need Not Necessarily Know Its Contents

The Supreme Court has observed that the witnesses to documents such as Sale Deeds and Wills need not necessarily know what is contained in them.   The said observations were recorded in the matter of […]
3rd Oct, 2019

Father’s self acquired property given to son by way of Will/gift will retain the character of self acquired property and will not become ancestral property, unless a contrary intention is expressed in the testament.

The Supreme Court had observed that as per Mitakshara law of Succession, father’s self acquired property given to son by way of Will/gifts will retain the character of self acquired will retain the character of […]
1st Oct, 2019

A client is not bound by an erroneous concession of law made by his lawyer before a judicial authority

The Supreme Court held that an erroneous concession in law can neither be binding on the client nor on the Court as there cannot be an estoppel against law. The above judgement was passed in […]
28th Sep, 2019

Consumer Fora have Jurisdiction to decide the legality of Statutory Fees.

The Hon’ble Supreme Court vide its order dated 16.09.2019, passed by three- judges Bench in Punjab Urban Planning and Development Authority (Now GREATER LUDHIANA AREA DEVELOPMENT AUTHORITY i.e GLADA) versus Vidya Chetal bearing SLP (C) […]
27th Sep, 2019

A housing society formed by and for individual flat owners, who in real terms own the property and who form themselves into a society so that services for maintenance and upkeep of the property, etc., could be availed of by them in a more systematic manner. Such society, in an ordinary case, can never be termed as an industry.

The Allahabad high Court in the matter of Arun Vihar Residents Welfare Association G.B. Nagar vs. State of UP (WP [C] 51047/2012), published on 16.09.2019, held that when personal services are rendered to members of […]
26th Sep, 2019

A landlord may be permitted to take benefit of subsequent events after filing of an eviction petition which buttress the landlord’s claim of bonafide need

The Delhi High Court reiterated that the landlord may be allowed to amend his eviction petition under the DRC Act to include events which occur post filing of an eviction petition and do not create […]