Case Analysis

9th May, 2016

In the case of a valid nomination, a Cooperative Society is liable to transfer the share or interest of a member in the name of the nominee #indianlaws

Where a member of a cooperative society nominates a person in consonance with the provisions of the Rules, on the death of such member, the cooperative society is mandated to transfer all the share or […]
9th May, 2016

For quashing of proceedings against a Director u/s 138/141 of the Act it must be shown that no offence is made out against him and quashing is not to be granted merely on asking #indianlaws

When in view of the basic averment process is issued, the complaint must proceed against the Directors. But, if any Director of a company wants the process to be quashed by filing a petition under […]
9th May, 2016

Partial amount deposited as precondition for entertaining appeal U/s 18 of SARFAESI Act neither secured asset nor a lien #indianlaws

The partial deposit before the DRAT as a pre-condition for considering the appeal on merits in terms of Section 18 of the Act, is not a secured asset. It is not a secured debt either, […]
9th May, 2016

Income from tips is income from other sources, received from customers and not employer; Section 192 of IT Act, does not apply #indianlaws

The amount of tip paid by the employer to the employees has no reference to the contract of employment at all. Tips are received by the employer in a fiduciary capacity as trustee for payments […]
19th Apr, 2016

Judicial review, not an appeal from a decision, but a review of the manner in which decision was made #indianlaws

Judicial review is not an appeal from a decision but a review of the manner in which the decision is made. In connection with issue falling under service law, power of judicial review, as held, […]
19th Apr, 2016

Transaction in minor’s name contravening Guardianship Act, 1956 and also without any legal necessity is voidable #indianlaws

Section 7 of the Limitation Act makes it clear that when one of several persons who are jointly entitled to institute a suit or make an application for the execution of the decree and a […]
19th Apr, 2016

As long tenancy continues to be effective, tenanted premises remains a shared household under Domestic Violence Act #indianlaws

The tenanted premises where a woman lives with her husband would definitely come within the category of shared household but as long as the tenancy survives. A deserted wife who has been or is entitled […]
19th Apr, 2016

Rule of estoppel does not apply to proceedings under Section 13-B of Hindu Marriage Act #indianlaws

When a decree of divorce is sought under Section 13 of the Act, in view of compromise between the petitioner and the respondent, estoppel cannot operate against the Respondent. Rule of estoppel is a rule […]
3rd Apr, 2016

A person has a right to protect his possession against any person who cannot prove a better title by seeking a prohibitory injunction #indianlaws

Where a plaintiff is in lawful or peaceful possession of a property and such possession is interfered or threatened by the defendant, a suit for an injunction simpliciter will lie. A person has a right […]
3rd Apr, 2016

Consequences of non- compliance of an order, cannot be avoided on the ground that order was void or a nullity unless declared so #indianlaws

In the context of breach of an interim order, the order can be void or nullity but, the consequences flowing from its non­ compliance or breach cannot be avoided by the party by advancing the […]
3rd Apr, 2016

Writ Petitions against order passed by DRT in exercise of jurisdiction U/s 17 of the SARFAESI Act cannot be entertained #indianlaws

Writ petition under Article 226 of the Constitution should not be entertained when the alternate remedy is available under the Act, unless exceptional circumstances are made out. The writ remedy cannot be permitted to be […]
20th Mar, 2016

A party claiming adverse possession must prove that his possession is peaceful, open and continuous #indianlaws

A party claiming adverse possession must prove that his possession is “nec vi, nec clam, nec precario“, that is, peaceful, open and continuous. The possession must be adequate in continuity, in publicity and in extent […]