Case Analysis

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 […]
17th Aug, 2019

Plaintiff cannot be forced to add parties against whom he does not want to fight.

The Supreme Court has reiterated that, in a suit, the plaintiff is the dominus litis and cannot be forced to add parties against whom he does not want to fight unless there is a compulsion […]
16th Aug, 2019

Section 9 insolvency plea cannot be rejected when disputed claim is not raised prior to demand notice: NCLAT

The National Company Law Appellate Tribunal has held that existence of a ‘disputed claim’ cannot be a ground to reject an application under Section 9 of the Insolvency and Bankruptcy Code 2016 (hereinafter referred as […]
14th Aug, 2019

Where the parties have chosen a court which has jurisdiction out of two or more competent courts having jurisdiction, only such court will have the jurisdiction to entertain a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996

The Apex Courts also reiterated Section 20 of the Arbitration and Conciliation Act parties party autonomy and the parties are free to agree on the place of arbitration. The above ratio was passed in the […]
13th Aug, 2019

Landlord can’t be precluded from filing eviction petition on the ground of bonafide need regarding non-residential premises.

The Supreme Court has held that the judgment Satyawati Sharma vs. Union of India which held that Section 14(1)(e) of the Delhi Rent Control Act is unconstitutional to the extent it discriminates between the premises […]
10th Aug, 2019

Section 143A of Negotiable Instruments Act on Interim Compensation is not retrospective

The Supreme Court ruled out the confusion and held that  Section 143A of the Negotiable Instruments Act (hereinafter referred as ‘the Act’) on payment of interim compensation to the complainant during the pendency of the […]
9th 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 […]
8th Aug, 2019

Exclusion of Daughter- In- Law from Health Scheme for Government Employee is not discriminatory.

The Hon’ble High Court of Delhi Court vide its order dated 23.07.2019 in Sh. Hukm Tejpratap Singh and Ors. vs. Government of NCT of Delhi and Ors. bearing W.P. (C) No. 9441 of 2018, held […]