Case Analysis

14th Dec, 2016

Copyright Act includes all copying done for academic use if“justified by the demands of the course” #indianlaws

The Delhi High Court Division Bench in a landmark judgment has held that photocopying of copyrighted material for use “in the course of instruction” that is allowed under Section 52(1)(i) of the Copyright Act would […]
14th Dec, 2016

Is suit for Partition maintainable in presence of a Will? #indianlaws

Delhi High Court in this case had to decide questions relating to whether legal heirs can maintain a suit for partition when the parent has left a will, and second one related to payment of […]
14th Dec, 2016

Proviso to Section 34(3) of the Arbitration Act is applicable only when there is sufficient cause for not making the application within the prescribed period #indianlaws

Delhi High Court in a recent judgment has held that for application of the provisions of Section 34(3) of the Arbitration Act and, in particular, the proviso thereto, before the further period of 30 days is triggered, […]
14th Dec, 2016

Court cannot decide disputed questions of fact under Art. 226 of the Constitution of India, #indianlaws

The Supreme Court has held that the bank guarantee is an independent contract between the guarantor-bank and the guarantee-appellant. The guarantee is unconditional. Though the performance guarantee is against the breach by the lead promoter, […]
14th Dec, 2016

Cheque given as ‘Security’ is covered within the ambit of Section 138 of N.I Act #indianlaws

The Supreme Court in a judgment delivered in September has held that the dishonour of a post-dated cheque given for repayment of loan installment which is also described as “security” in the loan agreement is […]
21st Jun, 2016

Meaning of Seat of Arbitration#indianlaws

The term “subject matter of the arbitration” cannot be confused with “subject matter of the suit”. The term “subject matter” in Section 2(1)(e) is confined to Part I. It has a reference and connection with the process […]
21st Jun, 2016

Transfer of the minor’s immovable property without the permission of the Court is not binding on the minor# indianlaws

Any transfer of the nature mentioned in sub- Section 2 of Section 8 Hindu Succession Act, of the minor’s immovable property without the permission of the Court is not binding on the minor irrespective of the […]
21st Jun, 2016

No service tax chargeable in respect of composite contracts like the ones between property buyers and builder# indianlaws

The arrangement between the buyer and the builder is a composite one which involves not only the element of services but also goods and immovable property. In order to sustain the levy of service tax […]
6th Jun, 2016

True scope and ambit of the term Judgment #indianlaws

Every interlocutory order cannot be regarded as a judgment but only those orders would be judgments which decide matters of moment or affect vital and valuable rights of the parties and which work serious injustice […]
6th Jun, 2016

Apex Court interprets applicability of Sector 3 of the Sports Act, 2007 #indianlaws

Section 3(1), mandates sharing of live broadcasting signals with Prasar Bharati has to be ‘without its advertisements’. Exception is, however, made in sub-section (2) of Section 3 which enables the broadcasting service provider to even […]
6th Jun, 2016

Order of the Magistrate refusing to take cognizance revisable by Sessions Court #indianlaws

The order of the Magistrate refusing to take cognizance is revisable. This power of revision can be exercised by the superior Court, which in this case, will be the Court of Sessions itself, either on […]
6th Jun, 2016

Mere disregard of some code or procedure is not enough to establish guilt under Prevention of Corruption Act #indianlaws

Where the attempt of the prosecution was to bring the case within the fold of clause (ii) alleging that he misused his official position in issuing the certificate utterly fails as it is not even […]