Case Analysis

9th Mar, 2016

Grandson has no birth right in grandfather’s properties to claim partition during lifetime of his father #indianlaws

When a male Hindu dies leaving behind a female relative specified in Class I of the Schedule or a male relative specified in that Class who claims through such female relative surviving him, then the […]
9th Mar, 2016

Power to extend time of assessment cannot be exercised after the expiry of presribed period of assessment #indianlaws

The Supreme Court held that upon the lapse of the period of limitation prescribed, the right of the Department to assess an assesse gets extinguished and this confers a very valuable right on the assesse. […]
3rd Mar, 2016

Principles of Res Judicata #indianlaws

Supreme Court has held that for a defence of res judicata to succeed, it is necessary to show that the claim in the subsequent suit or proceedings is in fact founded upon the same cause […]
3rd Mar, 2016

TRAI Regulations compensating consumer for call dropping, upheld #indianlaws

Delhi High Court has held that the TRAI under the scheme of Act exercises both regulatory and regulation making powers. The Court stated that the regulation of TRAI which prescribes the liability of the Companies […]
3rd Mar, 2016

Casual workers are covered under the definition of ‘employee’ as defined in ESI Act #indianlaws

Supreme Court has held that Section 2(22) of the ESI Act covers the “casual employees” employed for a few days on a work of perennial nature and wages as defined in section 2(22) and wage […]
3rd Mar, 2016

Prevention of Corruption Act applies to Private Banks as well #indianlaws

The Supreme Court held that, clearly, the object of enactment of PC Act was to make the anti-corruption law more effective and widen its coverage. In view of definition of public servant in Section 46A […]
25th Feb, 2016

Qualification clause for the purposes of pre-natal diagnostic tests(PNDT) invalid #indianlaws

Delhi High Court has held that Section 2(p) of the PNDT Act defining a Sonologist or Imaging Specialist, is bad to the extent it includes persons possessing a postgraduate qualification in ultrasonography or imaging techniques […]
25th Feb, 2016

IPAB has exclusive jurisdiction to consider and decide upon trademark registration invalidity #indianlaws

Delhi High Court has held that IPAB has exclusive jurisdiction to consider and decide upon the merits of a plea of trademark registration invalidity – applying Section 47 and 57 of the Act- in the […]
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 […]