Case Analysis

31st Oct, 2015

Liability Of Insurer Continues Notwithstanding The Contract Of Transfer Of Vehicle #indianlaws

Liability of insurer continues notwithstanding the contract of transfer of vehicle, such contractual liability cannot be said to be excluded by virtue of second proviso to Section 147(1) of the Motor Vehicles Act of 1988. […]
31st Oct, 2015

An Unstamped Instrument Is Not Admissible In Evidence Even For Collateral Purpose #indianlaws

In a suit for partition, an unregistered document can be relied upon for collateral purpose i.e. severancy of title, nature of possession of various shares but not for the primary purpose i.e. division of joint […]
31st Oct, 2015

Courts not to appoint a substitute arbitrator only in cases of clear prohibition in the Agreement #indianlaws

Whenever parties agree for arbitration and even name a specific arbitrator with no specific provision for appointment of another arbitrator on the recusal/withdrawal of the said arbitrator, the said omission is made up by Section […]
31st Oct, 2015

No copyright subsist in a title of work #indianlaws

A title of a work has been considered to be not fit to be the subject of copyright law. A title by itself is in the nature of a name of a work and is […]
11th Oct, 2015

While admitting public document in evidence its probative value has to be checked #indianlaws

A public document may be admissible, but as to whether the entry contained therein has any probative value may still be required to be examined in the facts and circumstances of a particular case. Even […]
11th Oct, 2015

Entries of mutation and jamabandi are public documents and thus admissible in evidence #indianlaws

The Himachal Pradesh High Court has held, that  public documents in the form of entries of mutation and jamabandi are relevant facts under Section 35 of the Indian Evidence Act 1872 and therefore admissible in evidence.
11th Oct, 2015

Directions given to trial courts on cases of child abuse and protection to child witnesses #indianlaws

Trial Court must ensure the examination of the child witness by giving due protection to him and bring the child out of the pressure of the Petitioner/ Accused as well as of the father of […]
11th Oct, 2015

Assignor does not lose right to continue appeal because of assignment during the pendency of appeal #indianlaws

Merely by transfer of the property during the pendency of the suit or the appeal, plaintiff or appellant, as the case may be, ordinarily has a right to continue the appeal. It is, at the […]
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 […]