Case Analysis

9th Dec, 2015

Time to file reply to consumer complaint not later than 45 days from the receipt of notice #indianlaws

The Supreme Court held that the District Forum can grant a further period of 15 days in addition to the 30 days (from the date of notice) provided for in section 13 of the Act […]
1st Dec, 2015

Limitations on scope of Judicial Review of Administrative decisions #indianlaws

The Supreme held that judicial review of administrative action is intended to prevent arbitrariness, irrationality, unreasonableness, bias and mala fides. Its purpose is to check whether choice or decision is made “lawfully” and not to […]
1st Dec, 2015

Amendment cannot be allowed in the grounds of appeal or writ, once disposed #indianlaws

The Supreme Court held that when there does not exist any ground of challenge on merits in the writ petition High Court could not have adverted to it. If a party is allowed to seek […]
1st Dec, 2015

Retirement benefits cannot be denied in a case of Voluntary Retirement #indianlaws

The Supreme Court held that the Appellant ought not to be deprived of pension benefits merely because he styled his termination of services as “resignation” or because there was no provision to retire voluntarily at […]
1st Dec, 2015

Wife does not cease to be “Aggreived person” u/s 12 of DV Act, after a decree of judicial seperation #indianlaws

In the 2005 Act, the definition of “aggrieved person” clearly postulates about the status of any woman who has been subjected to domestic violence as defined under Section 3 of the said Act. As long […]
20th Nov, 2015

Highlights of Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Ordinance, 2015

President of India on 23rd October 2015 promulgated ordinance  providing for constitution of Commercial Courts, Commercial Division and Commercial Appellate Division in the High Courts for adjudicating commercial disputes of specified value and for matters connected […]
20th Nov, 2015

Key highlights of Arbitration and Conciliation (Amendment) Ordinance, 2015 #indianlaws

President of India on 23rd October 2015 promulgated ordinance namely, Arbitration and Conciliation (Amendment) Ordinance, 2015 bringing significant changes to the Arbitration and Conciliation Act, 1996 
20th Nov, 2015

Right to maintenance of Hindu widow not a mere formality #indianlaws

Supreme Court has held that, in whatever form a limited interest is created in favour of a Hindu widow, having a pre-existing right of maintenance, the said rights become an absolute right by the operation […]
20th Nov, 2015

Hindu Succession (Amendment) Act, 2005 prospective in effect #indianlaws

An amendment of a substantive provision is always prospective unless either expressly or by necessary intendment it is retrospective. Even a social legislation cannot be given retrospective effect unless so provided for or so intended […]
31st Oct, 2015

In The Case Of Composite Negligence Claimant Entitled To Sue Both Or Any One Of The Joint Tort Feasors #indianlaws

In case of accident caused by negligence of joint tort feasors, all the persons who aid or counsel or direct or join in committal of a wrongful act, are liable. In such case, the liability […]
31st Oct, 2015

Demand Of Illegal Gratification Also To Be Proved While Constituting Offence Of Corrupt Practices #indianlaws

The legal position with regard to Section 7 of the Prevention of Corruption Act is settled that mere possession and recovery of the currency notes from the accused without proof of demand will not bring […]
31st Oct, 2015

Expression “Fact Discovered” In S.27 Of Evidence Act Also Includes Mental Fact Besides Physical Or Material Fact #indianlaws

The expression “fact discovered” in Section 27 of the Evdence Act is not restricted to a physical or material fact which can be perceived by the senses. It does include a mental fact. The information […]