Case Analysis

13th Feb, 2017

Rebutting the presumption against accused in Section 138, N I Act #indianlaws

Delhi High Court in the matter of Mukesh Kumar Vs. State Crl. L P 555/2017 decided on 2nd Feburary, 2017 held the fact that the cheque has been signed by the accused is not denied […]
13th Feb, 2017

What is “sufficient cause” in terms of order 37 Rule 4 CPC #indianlaws

Bombay High Court in the matter titled as Purnendu Shekhar Mal Jain Vs. ACG Associated Capsules Private Limited in Appeal (L) no. 98 of 2016 decided on 1st Feb, 2017 held that the words “special […]
13th Feb, 2017

What is “Permanent disability” in Motor Accident cases #indianlaws

Supreme Court in the matter of Sandeep Khanuja Vs. Atul Dande; Civil Appeal no. 1329/2017 decided on 2nd Feb, 2017 held that the crucial factor which has to be taken into consideration, in a motor […]
13th Feb, 2017

Courts can consider subsequent events in adjudication of disputes #indianlaws

The Supreme Court in the matter of Nidhi Vs Ram Kirpal Sharma Civil Appeal no. 1008 of 2017 decided on 2nd Feb, 2017 that ordinarily, rights of the parties stand crystallized on the date of […]
13th Feb, 2017

Defamation in Civil Courts-An analysis #indianlaws

Defamation may be committed two ways viz; (i)speech, or ii) by writing and equivalent modes. The English common law describes the former as Slander and the latter as Libel. The claim of slander and libel […]
12th Feb, 2017

First Appeal is a valuable right of a litigant.

Supreme Court held that the right to file first appeal against the decree under Section 96 of the Code is a valuable legal right of the litigant. The jurisdiction of the first Appellate Court while […]
11th Feb, 2017

A co-owner can maintain suit for eviction without impleading other co-owners

Delhi High Court in the matter titled as  Ram Niwas Singh Vs. Rajendra Singh, RSA 25/2017 decided on 20.01.2017, held that co-owners to a property can file a suit for eviction of a tenant in […]
11th Feb, 2017

Remedies under Consumer Protection Act are in addition of other provisions for addressing grievances

NCDRC in the matter titled as Western Railway Vs Vinod Sharma First appeal no. 451/2015 decided on 18th January, 2017 has held notwithstanding provisions of Railways Act, 1989 and availability of Railways Claims Tribunal Act […]
11th Feb, 2017

Insurance Company not liable if the keys of vehicle are left inside the Vehicle

NCDRC (National Commission) in the matter of Mahavir Prasad Gupta Vs Oriental Insurance Co Ltd First Appeal no. 1060/2016 decided on 19th January, 2017 has held that Insurance company would not be liable to pay […]
11th Feb, 2017

Mandate of arbitrator shall be terminated where parties agree to terminate proceedings

Delhi High Court in a matter titled as Power Grid Corporation of India Ltd Vs. Deepak Cables (India) Limited; OMP (T)(COMM) 4/2017 decided on 25th January, 2017 held that under  14 (1)(b) of the Arbitration […]
31st Jan, 2017

Consumer courts are not meant for enriching the consumers

The Delhi State Commission on the question of amount of compensation in consumer oriented cases opined that “consumer courts are not meant for enriching of customers and the compensation claimed by the consumer in the […]
30th Jan, 2017

Scope of review under Code of Civil Procedure restated

The Delhi High Court held that to invoke review jurisdiction, there must be a glaring omission, patent mistake or a grave error in the impugned judgment. An order or decision or judgment cannot be corrected […]