Case Analysis

2nd Sep, 2019

The appeal against acquittal in prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, would lie under Section 378(4) of the Code of Criminal Procedure

The text of Section 378(4) of the Code of Criminal Procedure(hereinafter referred as ”the Code”) is quite clear and it is confined to an order of acquittal passed in a case instituted upon a complaint […]
31st Aug, 2019

Temporary injunction cannot be granted where the suit itself is prima facie not maintainable

The Calcutta High Court subscribed to the view that if a suit prima facie appears to be not maintainable for want of a necessary party, an interim injunction cannot be granted since the co-sharers have […]
30th Aug, 2019

Personal law of succession and not the rule of primogeniture would be applicable to the succession of private properties of an erstwhile ruler of a princely town

The Supreme Court again clarified that the properties declared by an erstwhile ruler to be his private properties under the agreement of accession ceased to be attached to the “gaddi” and were partible estate of […]
29th Aug, 2019

Filing of Cross Objections by Defendants not necessary to dispute adverse findings in a dismissed suit

The Supreme Court has observed that it is not necessary that the defendants should file cross objections to the appeal against dismissal of a suit to dispute certain findings adverse to them in the judgment […]
28th Aug, 2019

‘Group Of Companies’ doctrine can be invoked to bind non-signatory companies to Arbitration if there is a direct relationship and/or composite nature of transaction between the parties

The Supreme Court held that the ‘Group of Companies’ doctrine could be invoked to bind the non-signatory company or inclusion of a third party to an arbitration is possible if there is a direct relationship […]
27th Aug, 2019

Workman Dues of Pension, Gratuity, PF not included in liquidation Assets: NCLAT

The National Company Law Appellate Tribunal in “State Bank of India vs Moser Baer Karamchari Union & Anr” in Company Appeal (AT) (Insolvency) No. 396 of 2019 (decided on 19.08.2019) confirmed that the dues should […]
26th Aug, 2019

Alienation of Suit property is not illegal merely because it was done during pendency of suit: Supreme Court

The bench in the case of “Madhukar Nivrutti Jagtap & ors. vs Smt. Pramilabai Chandulal Parandekar & ors” (Civil Appeal No. 5382 of 2007) decided on 13.08.2019 reiterated that the effect of doctrine of lis […]
24th Aug, 2019

Unfair warranty policy amounts to abuse of dominant position under section 4 of the Competition Act, 2002

The Competition Commission of India in the matter of Matrix Info System Pvt. Ltd. vs. Intel Corporation & Anr. (Case No. 05 of 2019) on 12.08.2019 held Intel Corporation to be in contravention under Section […]
23rd Aug, 2019

Outer limitation for suit for possession based on title is not lost merely because relief of declaration is also sought.

The Supreme Court has held that merely because relief of declaration is also sought in a suit for possession, the outer limitation of 12 years is not The above reasoning was pronounced by the Constitutional […]
22nd Aug, 2019

A sale with a mere condition of retransfer is not a mortgage by conditional sale

The Supreme Court yet again reiterated that if the sale and agreement to repurchase are embodied in separate documents then the transactions cannot be called mortgage by conditional sale irrespective of whether the documents are […]
21st Aug, 2019

Interim compensation order under Section 143A of the Negotiable Instruments Act, 1881 must be a reasoned order and also can be applied retrospectively

The Madras High Court held that the trial courts hearing cheque bounce cases under Section 138 of the Negotiable Instruments Act, 1881 can order payment of interim compensation of up to 20% under the newly […]
19th Aug, 2019

Irretrievable Breakdown of marriage cannot be a ground in itself to dissolve marriage

The Delhi High Court reiterated that irretrievable breakdown of marriage could be an additional circumstance to dissolve a marriage in addition to the ground provided under Section 13 of the Hindu Marriage Act. The above […]