Case Analysis

11th Jan, 2016

Claim petition is maintainable at a place where insurance company is carrying on its business #indianlaws

The provision for territorial jurisdiction has to be interpreted consistent with the object of facilitating remedies for the victims of accidents. Hyper technical approach in such matters can hardly be appreciated. There is no bar […]
2nd Jan, 2016

Continuing guarantee by the Guarantor cannot be revoked as he is bound by the terms of guarantee #indianlaws

When the guarantor had clearly agreed that the guarantee he had entered into with the Bank was a continuing one, which was to continue and remain in operation for all subsequent transactions,it then was not […]
2nd Jan, 2016

Property valued less than circle rate prescribed can be registered #indianlaws

Delhi High Court has clarified that the parties presenting instruments/transfer document of basements of residential properties for registration, if of a consideration lower than the consideration/ valuation in accordance with the circle rates, shall upon […]
2nd Jan, 2016

Proceedings by a secured creditor under SARFAESI Act cannot be interfered with by a Company Judge under the Companies Act #indianlaws

The required provisions of the Companies Act are incorporated in the SARFAESI Act for harmonizing the SARFAESI Act with the Companies Act in respect of dues of workmen and their protection under Section 529 A […]
2nd Jan, 2016

Assignments of Life Insurance policies are valid and binding #indianlaws

Apex Court clarified that the insurance policies issued by LIC (Appellant) are transferable and assignable in accordance with the provisions of the Insurance Act, 1938 and in terms of the contract of life insurance.The Apex […]
1st Jan, 2016

Doctrine of promissory estoppel not enforceable when claimant himself is at fault #indianlaws

The principle of promissory estoppel cannot be invoked in cases of any misrepresentation, in a case of where a candidate not eligible for appointment is selected by mistake contrary to the terms of the advertisement […]
1st Jan, 2016

Testator can make will only of those properties of which he is the owner #indianlaws

Will is to be executed with regard to the property which the testator possesses, and the dispute, if any, relating to the same is not to be scuttled down under proceeding brought under probate. 
1st Jan, 2016

Person to be classified as wilful defaulter cannot be denied legal representation by bank #indianlaws

Borrowers of the Banks/FIs who are proposed to be classified/ declared as wilful defaulters and are given an opportunity of hearing before the GRC are entitled to be represented therein through advocates.
9th Dec, 2015

Consent in divorce by mutual consent must be valid subsisting consent when case is heard #indianlaws

Mutual consent to the divorce is a sine qua non for passing a decree for divorce under Section 13-B. Mutual consent should continue till the divorce decree is passed. It is a positive requirement for […]
9th Dec, 2015

Appellate court to allow plea of additional evidence for ‘substantial cause’ and only if it is ‘required’ by the Court #indianlaws

For expending the power under Order 41 Rule 27 the Appellate Court has to read the words “or for any other substantial cause” with the word “requires”, which is set out at the commencement of […]
9th Dec, 2015

Proximate & live link between cruelty based on dowry demand and death is a must to prove dowry death #indianlaws

  To attract the provisions of Section 304B, one of the main ingredients of the offence which is required to be established is that “soon before her death” she was subjected to cruelty or harassment […]
9th Dec, 2015

Husband has a pre-existing duty to take care of health and safety of the wife #indianlaws

It is a duty of the husband to take care of the health and safety of the petitioner-wife. In the instant case also it was a primary duty of the husband only to provide facilities […]