Case Analysis

22nd May, 2016

HC to apply its mind while granting or non granting of appeal u/s 378 of CrPC #indianlaws

  In deciding the question whether requisite leave should or should not be granted, the High Court must apply its mind, consider whether prima facie case has been made out or arguable points have been […]
20th May, 2016

Conviction cannot be based on the only circumstance of ‘last seen together’ #indianlaws

A conviction cannot be based on the only circumstance of last seen together. Normally, last seen theory comes into play where the time gap, between the point of time when the accused and the deceased […]
20th May, 2016

Right to life include right to live with dignity; Human dignity is a constitutional value and a goal #indianlaws

The rights that are guaranteed to differently abled persons under the Equal Opportunities, Protection of Rights and Full Participation Act, 1995 are founded on the sound principle of human dignity which is the core value […]
20th May, 2016

Application of Part I of the Arbitration Act, 1996 is excluded where seat of Arbitration is outside India #indianlaws

Where the parties choose a juridical seat of Arbitration outside India and provide that the law which governs Arbitration will be a law other than Indian law, part I of the Act would not have […]
20th May, 2016

Power to release land from acquisition cannot be exercised arbitrarily and has be consistent with the doctrine of public trust #indianlaws

Use of power for a purpose different from the one for which power is conferred is colourable exercise of power. Statutory and public power is trust and the authority on whom such power is conferred […]
16th May, 2016

Waiting period in divorce by mutual consent waived after considering educational background of parties #indianlaws

In this case, the Court after considering the educational background of the parties, and the entire facts and circumstances, held that the situation posed was peculiar where the Court should invoke its jurisdiction under Article […]
16th May, 2016

Family Court empowered to give declaration – no matter whether relief is affirmative or negative #indianlaws

Supreme Court observed that under Section 7(1) Explanation (b), a Suit or a proceeding for a declaration as to the validity of both marriage and matrimonial status of a person is within the exclusive jurisdiction […]
12th May, 2016

It is not the form in which deed is clothed, but the nature of transaction, which is decisive #indianlaws

A document, as is well known, must be read in its entirety. When character of a document is in question, although the heading thereof would not be conclusive, it plays a significant role. Intention of […]
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 […]