Case Analysis

11th Oct, 2015

Specific performance may not be granted where the terms of contract give unfair advantage to one party #indianlaws

Where the terms of the contract or the conduct of the parties at the time of entering into the contract or the other circumstances under which the contract was entered into are such that the […]
11th Oct, 2015

Grant of Leave to Defend may be granted where the question is relating to Applicability of Order 37 #indianlaws

Where the applicability of Order 37 itself is in question, grant of leave to defend may be permissible. The Court before passing a decree is entitled to take into consideration the consequences therefor. The Courts […]
24th Sep, 2015

Drawer of the cheque, whether a human being or a body corporate or even firm liable for prosecution under S. 138 of N.I. Act

The Supreme Court has held that when the drawer of the cheque who falls within the ambit of Section 138 of the Act is a human being or a body corporate or even firm, prosecution […]
24th Sep, 2015

Bail granted cannot be generally cancelled as it would amount to review/recall of bail order

The parameters for grant of bail and cancellation of bail are entirely different. Bail granted under Section 439(1) of the CrPC can be cancelled where the accused: Misuses his liberty by indulging in similar criminal […]
24th Sep, 2015

Mere change of counsel cannot be a ground to recall witnesses #indianlaws

 As per both, Section 311 CrPC and Section 138 Evidence Act for the purposes of criminal trial, the order of re-examination at the desire of any person under Section 138, will have to necessarily be […]
24th Sep, 2015

Relative of Husband can be made party to proceedings under Domestic Violence Act before Family Court

Bombay High Court in a Judgement has held that family Court, entertaining proceedings under Domestic Violence Act, would be governed by the definition of ‘Respondent’ under the Domestic Violence Act and not under the Family Court Act
24th Sep, 2015

Notice under Section 138 is required to be given to the ‘drawer’ of the cheque and not to any other person#indianlaws

Notice under Section 138 N I Act is required to be given to the ‘drawer’ of the cheque so as to give the drawer an opportunity to make the payment and escape the penal consequences. […]
15th Sep, 2015

Before awarding relief of Specific Performance, Court first needs to satisfy on existence of valid and enforceable contract

The burden of showing the stipulations and terms of the contract and that the minds were in consensus lies on the plaintiff. If the stipulations and terms are uncertain, and the parties are not ad […]
15th Sep, 2015

Employee holding the post requiring trust and confidence is expected to behave with discipline and loyalty #indianlaws

Court should not adopt a lenient approach when employee holding a position of trust acts contrary to rules and such misconduct causes financial losses to the employer
14th Sep, 2015

Principles to be followed by Courts while granting/ rejecting Anticipatory Bails #indianlaws

The expression “may, if it thinks fit” occurring in Section 438(1) of the Code of Criminal Procedure (Code), gives discretion to the Court to exercise the power in a particular case or not, and once […]
14th Sep, 2015

Reliance on “Last Seen Theory” not safe in a case based on circumstantial evidence when time gap is long

In case of circumstantial evidence, court has to examine the entire evidence in its entirety and ensure that the only inference that can be drawn from the evidence is the guilt of the accused. 
14th Sep, 2015

Evidence recorded before Criminal Courts not conclusive for granting decree of specific performance

Where the plaintiff brings a suit for specific performance of contract for sale, the law insists upon a condition precedent to the grant of decree for specific performance that the plaintiff must show his continued […]