Case Analysis

6th Sep, 2015

Court to act cautiously while pronouncing judgment in a case where opposite party (Defendant) fails to file Written Statement#indianlaws

The Supreme Court has ruled that the Court, at no stage, can act blindly or mechanically. While enabling the Court to pronounce judgment in a situation where no Written Statement is filed by the defendant, […]
6th Sep, 2015

Punishments should be proportionate to the nature and gravity of the offences#indianlaws

In a writ before the Supreme Court,a declaration was sought that Section 364A inserted in the Indian Penal Code (IPC) by Act 42 of 1993 was ultra vires the Constitution to the extent of prescribing […]
6th Sep, 2015

Apex Court interprets the term ‘First Learns’ under Limitation Act#indianlaws

The Hon’ble Supreme Court has interpreted the meaning of the term “first learns” as provided under Article 91(a) of the Limitation Act, 1963 and held that the provision of Article 91 (a) of the Limitation […]
6th Sep, 2015

In economic offences, power u/s 482 CrPC should be used sparingly#indianlaws

The Supreme Court has held in the inherent power of the High Court under Section 482 CrPC should be sparingly used. In economic offences Court must not only keep in view that money has been […]
27th Aug, 2015

The Personal Bankruptcy (Declaration and Rehabilitation) Bill, 2015 #indianlaws

The proposed legislation focuses upon the Declaration of bankruptcy and the process of Rehabilitation of such person in the backdrop of the term “Willful defaulter”. The major importance of this word is that a person […]
27th Aug, 2015

Benami Transactions(Prohibition) (Amendment) Bill, 2015, an amendment which will kill the existing law #indianlaws

An amendment to amend Benami Transaction Prohibition Act is in offing, which will have large impact on the Benami law
23rd Aug, 2015

State barred from setting aside acquisition upon its subsequent failure in carrying out compliance

State barred from setting aside acquisition upon its subsequent failure in carrying out compliance with Section 11A 1894 LA Act
23rd Aug, 2015

Writ Court may entertain disputes arising out of contract in exceptional circumstances #indianlaws

A While entertaining an objection as to the maintainability of a writ petition under Article 226 of the Constitution, the court should bear in mind the fact that the power to issue prerogative writs under […]
23rd Aug, 2015

Mere admission of tenancy does not necessarily mean passing of a decree on admissions #indianlaws

Judgment on admission is not a matter of right and rather is a matter of discretion of the Court. Where the defendants have raised objections which go to the root of the case, it would […]
12th Aug, 2015

The charges applicable on Landing & Parking Charges by Airport Authority Of India cannot be treated as ‘Rent’ under Section 194-I of the Income Tax Act#indianlaws

The Supreme Court has held that the charges which are fixed by the AAI for landing and take-off services as well as for parking of aircrafts are not for the ‘use of the land’. These […]
12th Aug, 2015

Appellate Tribunal has the jurisdiction to condone the delay in filing an appeal under Section 18 (1) of the SARFAESI Act#indianlaws

The Supreme Court held that delay in filing an appeal under Section 18 (1) of the SARFAESI Act can be condoned by the Appellate Tribunal under proviso to Section 20 (3) of the RDB Act […]
12th Aug, 2015

Arbitrator’s decision is generally binding upon the parties as it is a tribunal selected by the Parties#indianlaws

The Hon’ble Supreme Court has held that arbitrator’s adjudication is generally considered binding between the parties for he is a tribunal selected by the parties and the power of the court to set aside the […]