Case Analysis
25th Sep, 2019
The Supreme Court had observed that self-serving statements on income without any proof of financial resources is not sufficient to prove that plaintiff in a suit for specific performance was ready and willing to perform […]
24th Sep, 2019
The Supreme Court has observed that in every suit filed under Section 92 of the Code of Civil Procedure the grant of leave is necessary before the said suit can be said to be […]
16th Sep, 2019
The Hon’ble Supreme Court vide its order dated 05.09.2019, passed by three- judges Bench in M/s Mayavati Trading Pvt. Ltd. vs. Pradyuat Deb Burman bearing Civil Appeal No. 7023/2019, overruled the judgment in United India […]
16th Sep, 2019
An appeal shall lie to the High Court against every order passed in appeal by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), if the High Court is satisfied that the case involves a […]
16th Sep, 2019
The Supreme Court reiterated that an executing court cannot go behind a decree and re-examine the merits of the case of the parties. The above ratio was delivered by the Supreme Court in the matter […]
16th Sep, 2019
The Supreme Court has held that the rights of succession and inheritance of a Goan domicile shall be governed by the Portuguese Civil Code, 1867 as applicable in the State of Goa. Rights of succession […]
16th Sep, 2019
Suit for Specific performance can be refused for non- compliance of an essential promise in contract
The Supreme Court held that a party who does not perform one of the essential promises in a contract is not entitled to discretionary relief of specific performance of the very contract. The said judgment […]
14th Sep, 2019
Cause of action requires infringement of the right or breach of an obligation and comprises of all material facts on which the right and claim for the breach is founded, that is, some act done […]
13th Sep, 2019
The Supreme Court reiterated that S.23 refers not to a continuing right but to a continuing wrong which maybe defined as a continuing source of injury which renders the doer of the act responsible and […]
12th Sep, 2019
The Hon’ble Supreme Court vide its order dated 03.09.2019, passed in M/s Geo Miller & Co. Pvt. Ltd. vs. Chairman, Rajasthan Vidyut Utpadan Nigam Ltd. bearing Civil Appeal No. 967/2010, held that the limitation period […]
11th Sep, 2019
The High Court is of the opinion that there is no scope for presumption that wife would be dead, if she is not seen for about seven years. Law in this situation is that Husband […]
10th Sep, 2019
The Delhi High Court reiterated that remedies available to home buyers under the Consumer Protection Act, 1986 (CPA) and Real Estate (Development and Regulation) Act, 2016 (RERA) are concurrent. The said observation was held […]