Case Analysis

23rd Jan, 2017

Proceedings endangering, diminishing, dissipating or adversely impacting the assets of corporate debtor are not prohibited under section 14(1)(a) of the IBC

In a matter titled as Power Grid Corporation of India Vs. Jyoti Structures Limited, being OMP (COMM) 397/2016, decided on 11th December, 2017, Delhi High Court held that extending the moratorium to such proceedings would […]
15th Jan, 2017

Daily-wager cannot ordinarily seek relief of reinstatement upon Illegal Termination

The Hon’ble Supreme Court held that ordinary principles of grant of reinstatement is not to be applied mechanically in all cases. It may be employed in cases where the services of the regular/permanent workman are […]
11th Jan, 2017

Bar of Section 92 Evidence Act does not operate when the document is sham and not to be acted upon #legalupdates

In a case before the Madras HC, the court relied on judgments by the Apex Court in Gangabai vs. Chhabubai AIR 1982 SC 20 and Ishwar Dass Jain vs. Sohan Lal AIR 2000 SC 426 […]
11th Jan, 2017

Judicial interference in commercial matters of the government not warranted unless illegal/irrational #legalupdates

Supreme Court has cautioned that in commercial matters, judicial interference is warranted only when an administrative action of the Government is illegal, irrational or the process through which such action is taken is beyond procedural […]
10th Jan, 2017

To absolve its liability, an insurance company must not merely establish the defence that the policy has been breached, but must also show that the breach of the policy is so fundamental in nature that it brings the contract to an end

The supreme court was entertaining an appeal against the order of the National Commission, whereby the revision of the State Commission’s order absolving the liability of the insurance company was upheld in the matter titled […]
10th Jan, 2017

Allegation of fraud without proof does not render a decree fraudulent #legalupdates

When there is an allegation of fraud by non-disclosure of necessary and relevant facts or concealment of material facts, it must be inquired into. It is only after evidence is led coupled with intent to […]
10th Jan, 2017

HC does not have the power to punish for contempt of Supreme Court #legalupdates

There is, nothing in Contempt of Courts Act, 1971 or in Article 215 of Constitution which can be said to empower High Court to initiate proceedings suo-motu or otherwise for contempt of a superior Court […]
9th Jan, 2017

TV18 Home Shopping Network Ltd. Vs. M/S Indiaontime Express Pvt. Ltd. And Ors. CS(OS) 3309/2015

The purpose of Order 8 Rule 10 CPC is to expedite the trial and not penalise the defendant upon non-filing of the written statement. The courts can invoke its provisions to curb dilatory tactic, often […]
1st Jan, 2017

For an apology to be accepted in contempt proceedings, it should be immediate #indianlaws

Division Bench of Delhi High Court while dealing with a contempt proceedings held that an apology offered in contempt proceedings should be offered clearly and immediately, a belated apology may purge contempt but there is […]
1st Jan, 2017

Employer has the independence to decide the eligibility criterion for recruitment #indianlaws

In a case before the Delhi High Court, petitioner was denied appointment on ground that he only had three years diploma in Hotel Management instead of the required graduation degree of a recognized university. The […]
1st Jan, 2017

Parties to an arbitration agreement are free to decide both procedural and substantive law #indianlaws

Parties (to the contract) in the present case intended to provide for two opportunities at resolving their disputes or differences. First was a settlement by arbitration in India (‘arbitration result’) and second was by arbitration […]
14th Dec, 2016

Unilateral withdrawal of consent by a spouse at the time of mutual divorce without any grounds amounts to mental cruelty #indianlaws

The Delhi High Court in an appeal before them has held that unilateral withdrawal of consent by a spouse at the time of mutual divorce without any grounds amounts to mental cruelty. In a case […]