Case Analysis

18th May, 2019

Section 21(b) does not provide for filing of a Revision Petition before the National Commission against an Order passed by the State Commission in execution proceedings.

The Supreme Court held that a revision under Section 21(b) can only be filed challenging a ‘consumer dispute’ and an execution proceedings being independent proceedings, cannot be said to fall under the meaning of “consumer […]
6th May, 2019

Once a document is admitted, rightly or wrongly, in the evidence, it is not permissible under Section 36 of the Stamp Act, at any subsequent stage of the Suit to reject the said document and it has to be acted upon as a document duly stamped, even though it forms foundation of the Suit

The Bombay High Court further held that Section 35 of the Stamp Act only gives finality to the decision in regard to the admissibility of the said document in evidence, it however does not operate […]
6th May, 2019

Categorisation of Unskilled employees as Semi Skilled and Semi Skilled as Skilled on the basis of their experience is ultra vires to the Minimum Wages Act.

The Supreme Court held that the Government while reconsidering the minimum wages ought not cross its jurisdiction and alter the provision of the contract between the employee and the employer. The Court further held that […]
6th May, 2019

Registered trade union can file insolvency petition as operational creditor on behalf of its members

A registered trade union which is formed for the purpose of regulating the relations between workmen and their employer can maintain a petition as an operational creditor on behalf of its members. The above-mentioned observation […]
6th May, 2019

Limitation Act applicable to suits, appeals, application filed in courts, not before statutory authorities

The Supreme Court has observed that the suits, appeals and applications referred to in the Limitation Act, 1963 are suits, appeals and applications which are to be filed in a Court and not before a […]
24th Apr, 2019

In order to claim extended stay compensation, the Claimant ought to substantiate the claim by showing the damages that it has incurred due to such delay and mere delay per se is not sufficient to claim compensation

The Delhi High Court observed that while deciding a petition under Section 34 of the Arbitration and Conciliation Act, 1996, the Courts should not re-assess or re-determine the evidence and interfere with the arbitral award […]
24th Apr, 2019

The advent of RERA does not bar a homebuyer from approaching the Consumer Fora

The NCDRC held that a homebuyer may approach either RERA authorities or consumer fora and none of the acts bars the jurisdiction of the other. However, both remedies cannot be pursued concurrently. The above ratio […]
24th Apr, 2019

Tenants can be evicted only by following procedure laid down in applicable rent control law

The Supreme Court has observed that the protection offered to a statutory tenant by Rent Control Laws can only be overcome by following the procedure laid out in such laws.   The Supreme Court delivered […]
24th Apr, 2019

Person ineligible to be Arbitrator under Sec.12(5) of Arbitration Act cannot appoint another arbitrator

The Supreme Court has held that the appointment of arbitrator by a person who himself is ineligible to be an arbitrator as per Section 12(5) of the Arbitration and Conciliation Act 1996 is void ab […]
19th Apr, 2019

Mere financial assistance to buy property cannot be termed as Benami Transaction.

The Supreme Court has observed that mere financial assistance to buy a property cannot be the sole determinative factor/circumstance to hold the transaction as benami in nature.   The Court delivered the reasoning in the […]
19th Apr, 2019

Court cannot appoint an Arbitrator when the contract containing the Arbitration Clause is Insufficiently Stamped

The Supreme Court has held that it would be necessary for the Court before considering and passing final orders on an application under Section 11(6) of the Arbitration Act to await the adjudication by the […]
11th Apr, 2019

Every Judicial Order/ Judgement/quasi-judicial order deciding the lis between the parties should be supported by reason

The Apex Court held that Judicial orders/quasi-judicial orders passed by any court/tribunal/authority deciding the lis between parties should be supported by reasoning and parties as well as appellate courts are entitled to know the reason […]