Case Analysis

25th Feb, 2016

Arraigning of Partnership firm imperative to prosecute partner U/s.141 of the NI Act #indianlaws

There can be no dispute that as the liability is penal in nature, a strict construction of the provision would be necessitous. Therefore for maintaining the prosecution under Section 141 of the Act, arraigning of […]
24th Feb, 2016

SARFAESI prevails over the Sick Industrial Companies (Special Provisions) Act #indianlaws

The Supreme Court was observed that the purpose of the two enactments is entirely different. The purpose of one is to provide ameliorative measures for reconstruction of sick companies, and the purpose of the other […]
10th Feb, 2016

A female can be a Karta, if eldest amongst coparceners #indianlaws

The Delhi High Court has held that the impediment which prevented a female member of a HUF from becoming its Karta was that she does not possess the necessary qualification of coparcenership. Now that this […]
10th Feb, 2016

There is a presumption that a negotiable instrument is supported by consideration #indianlaws

The Hon’ble Court held that there is a presumption that a negotiable instrument is supported by consideration. There was no dispute that such a consideration existed in as much as the cheques were issued in […]
10th Feb, 2016

Intent of Parties to Arbitration cannot be ignored relating to law governing Arbitration #indianlaws

The Hon’ble Supreme Court has held that the parties are free to agree on application of three different laws governing their entire contract – (1) proper law of contract, (2) proper law of arbitration agreement […]
10th Feb, 2016

Public Prosecutor when asking for withdrawal of prosecution U/s 321 of CrPC to act independently with application of mind #indianlaws

The Supreme Court, in this case has held that while filing an application u/s 321 of CrPC, the Public Prosecutor is required to apply his own mind and the effect thereof on the society in […]
31st Jan, 2016

A second complaint to the District Forum is maintainable when the first complaint was dismissed for default #indianlaws

There is no provision parallel to the provision contained in Order 9 Rule 9(1) Code of Civil Procedure which contains a prohibition that if a suit is dismissed in default of the Plaintiff under Order […]
31st Jan, 2016

Common Areas cannot be converted into parking areas on the insistence of a society resident #indianlaws

Parking in the common area, would not convert such areas into parking areas. Such circulation and common areas are meant for the utilisation by all and cannot be appropriated, even temporarily by any person for […]
31st Jan, 2016

Provisions of the SARFAESI Act cannot be used to override the provisions of Rent Control Act #indianlaws

Supreme Court held that a landlord cannot be permitted to do indirectly what he has been barred from doing under the Rent Control Act, more so when the two legislations, that is the SARFAESI Act and […]
31st Jan, 2016

Giving of dowry and traditional presents does not always raise a presumption that it’s custody is with in-laws #indianlaws

The Court clarified that giving of dowry and the traditional presents at or about the time of wedding does not in any way raise a presumption that such a property was thereby entrusted and put […]
20th Jan, 2016

In the absence of pleading, evidence, if any, produced by the parties cannot be considered #indianlaws

Supreme Court observed that in the absence of pleading, evidence, if any, produced by the parties cannot be considered. It was further observed that no party should be permitted to travel beyond its pleading and […]
20th Jan, 2016

Application of mind is sine qua non for a valid sanction for initiating criminal proceedings against a public officer #indianlaws

Obtaining sanction is a precursory sacrosanct step to initiate criminal proceedings against public officer, and the lack of a valid sanction precludes the court from taking cognizance of the offence alleged.