Case Analysis

1st Feb, 2019

Mere Agreement to Sell of the Leased Property to the tenant would not terminate Landlord-Tenant relationship

In a recent judgment, the Supreme Court observed that mere agreement to sell the property of the landlord to the tenant would not result in termination of landlord-tenant relationship between the parties unless there is […]
30th Jan, 2019

A suit, seeking enforcement of statutory right, filed by an unregistered partnership firm will not be barred by law.

The Hon’ble High Court of Delhi held in a judgment that Section 69 (2) of the Indian Partnership Act 1932 cannot bar the enforcement by way of suit by an unregistered firm in respect of […]
22nd Jan, 2019

If a party enters premise as a tenant, in the absence of relevant documents, he cannot claim ownership

In a recent judgment, the High Court at New Delhi, held that the landlord is the best judge of his requirement for residential or business purpose and  has complete freedom in the matter. The said […]
21st Jan, 2019

‘Cheque Bounce’ Complaint based on second notice after Re-Presentation of Cheque Maintainable

The Supreme Court has held that a ‘cheque bounce’ complaint filed based on the second statutory notice issued after re-presentation of cheques, is maintainable. The said ruling was held in the mater of M/s Sicagen […]
11th Jan, 2019

Former employee not disqualified from acting as an Arbitrator, even after 2015 Amendment to the Arbitration and Conciliation Act 1996

The Supreme Court has held that the Arbitration and Conciliation Act, 1996, does not disqualify a former employee from acting as an arbitrator provided that there are no justifiable doubts as to his independence and […]
11th Jan, 2019

Dismissal of application to file a suit as an indigent person is not a bar against filing an appeal as an indigent person.

The Supreme Court of India held in a judgment that if an application of the person to file a suit as an indigent person under Order 33 of the Code of Civil Procedure 1908 (hereinafter […]
11th Jan, 2019

Readiness and willingness to perform a contract is the most important issue for considering grant of specific performance of a contract

In a recent judgment, the Supreme Court, held that in the present case, readiness and willingness to perform a contract is a question of fact and the same is to be determined during appreciation of […]
11th Jan, 2019

Notified Order issued under Extradition Act can be given retrospective effect.

In an important judgment, the Delhi High Court has held that the Extradition Act 1962 is not a penal statue, therefore issuance of a Notified Order making the provisions applicable of the Act to the […]
10th Jan, 2019

Seller cannot forfeit the earnest money received under an agreement to sell even if buyer is guilty of breach

In a recent judgment, the Delhi High Court held that any forfeiture of earnest money will be hit by Section 74 of the Indian Contract Act, 1872 unless loss is pleaded and proved by the […]
10th Jan, 2019

In case of builders, failure to obtain necessary sanctions and approval from concerned authorities does not fall under force majeure

In a recent judgment, the National Consumer Disputes Redressal Forum held that the builder’s inability to obtain requisite permission for construction of flats is not a valid reason and does not justify delay in possession […]
10th Jan, 2019

The purpose of Section 31(2) of the Arbitration and Conciliation Act 1996 is to ensure that the absence of minority members of tribunals do not lead to any fresh litigation.

The Hon’ble High Court of Delhi held that where an award has been signed by the majority of the members of the arbitral tribunal, such an award will be an award of the arbitral tribunal, […]
8th Jan, 2019

Section 69(2) of Indian Partnership Act, 1932 does not bar filing of a suit based on dishonour of a cheque

The Delhi High Court held that a dishonour of cheque is a cause of action which does not arise from a contract between the parties and therefore the bar under Section 69(2) of Indian Partnership […]