Case Analysis

2nd Mar, 2017

Limitation under the National Green Tribunal Act, 2010 #legalupdates

The Tribunal has held that a recurring or continuous cause of action may give rise to a fresh cause of action resulting in fresh accrual of right to sue. The Tribunal was of the opinion […]
2nd Mar, 2017

Reciprocal Advertising #legalupdates

Hon’ble Delhi High Court in a matter explained propositions relating to comparative advertising which means “any trader is entitled to puff his own goods even though such puff as a matter of pure logic involves […]
2nd Mar, 2017

Deficiency in service on part of the Bank when title deeds under their custody are lost #legalupdates

In a case, before the National Commission, Bank took a stand that document had been ‘misplaced’, there shall still be a possibility that, document could be recovered at a later stage and returned to complainant. […]
2nd Mar, 2017

After acquisition of land, an allottee cannot be taken as necessary or proper party #legalupdates

Acquisition may either be for a “public purpose” or for a company. When land has been acquired for public purpose, land vests in State after the Collector has made an award and the possession is […]
2nd Mar, 2017

Relief u/s Section 20 of the Specific Relief Act is discretionary #legalupdates

In a case decided by Supreme Court, the Court has held that Section 20(1) of Specific Relief Act, 1963 indicates that, jurisdiction to decree specific performance is discretionary. Yet, discretion of Court is not arbitrary […]
28th Feb, 2017

A judgment rendered in probate proceedings though a judgment in rem would not be determinative of questions of title and questions of title, existence of property are beyond the jurisdiction of the Probate Court

The Hon’ble Court in the case titled Shri Rakesh Kumar Juneja & ORS. Vs. State Of Delhi & ANR. TEST CAS. 73/2017 decided on 22.12.2017, held that a Probate Court does not decide any questions […]
19th Feb, 2017

Which orders can be appealed against under Commercial Courts Act #indianlaws

Division Bench of Delhi High Court in the matter of HPL (India) Limited Vs. QRQ Enterprise, FAO (OS) (COMM) No. 12/2017 was considering the effect of Section 13 of Commercial Courts, Commercial division and Commercial […]
19th Feb, 2017

Courts cannot impose unlimited costs in civil proceedings #indianlaws

Division Bench of Delhi High Court in the matter of Bikramjit Ahluwalia Vs. Avnija Ahluwalia FAO(OS) 173/2016 held that there is no question of exercising of inherent powers contrary to the specific provisions of the […]
19th Feb, 2017

Custody of minor child to be determined by the welfare of the minor #indianlaws

The Supreme Court in the matter titled as Vivek Singh Vs. Romani Singh, Civil Appeal no. 3962/2016 decided on 13th February, 2017 was determining the issue of custody of a minor child. The Court reiterated […]
19th Feb, 2017

Industrial lease deed to be renewed as per the terms of lease #indianlaws

The Hon’ble Supreme Court in the matter of Orissa Industrial Infrastructure Development Corporation Vs. MESCO Kalinga Steel Limited; Civil Appeal no. 2545/2017, decided on 14th February, 2017 held that renewal of lease is a privilege […]
18th Feb, 2017

Judicially Separated Wife Is Also Entitled To Maintenance

The Supreme Court opined on the question of maintenance to a judicially separated wife that “The Court is required to look into the question whether the petitioner is entitled to maintenance or not and, if […]
18th Feb, 2017

Akshay Mehta and Ors. Vs. Usha Dutta and Ors.

Delhi High Court J Sanjeev Sachdeva 05.12.17 Application under O. VII R.17 CPC Facts: Defendant Nos. 2 to 4 seek amendment of the Written Statement dated 22.10.2007 as it was was not prepared at the […]