Case Analysis

12th Aug, 2015

Official Liquidator cannot adjudicate claim of a Statutory Corporation# indianlaws

 The Supreme Court has held that the Official Liquidator has no jurisdiction to ascertain or adjudicate the claim of a secured creditor who has been permitted by the Company Judge to stand outside the liquidation […]
1st Aug, 2015

For computing period of limitation U/s. 468, Cr.P.C. the relevant date is that of filing of the complaint and not when cognizance is taken #indianlaws

For computing period of limitation U/s. 468, Cr.P.C. the relevant date is that of filing of the complaint and not the date when cognizance is taken.
1st Aug, 2015

Complaint alleging breach of trust and cheating must convincingly prove entrustment and deception #indianlaws

To constitute an offence punishable under Section 406 IPC, the essential ingredient is the “entrustment” of the property.  It is only after entrustment is shown, it can be said that there was criminal breach of […]
1st Aug, 2015

Amendment in Criminal Complaint is permissible where Court is yet to take cognizance of the offence(s) complained #indianlaws

Amendment in Criminal Complaint is permissible where Court is yet to take cognizance of the offence(s) complained. A Magistrate takes cognizance of an offence when he decides to proceed against the person accused of having […]
1st Aug, 2015

Under Section 52 of the Transfer of Property Act, 1882, the ‘lis’ continues so long as a final decree or order has not been obtained from the Court #indianlaws

Under Section 52 of the Transfer of Property Act, 1882, the ‘lis’ continues so long as a final decree or order has not been obtained from the Court. Even after the dismissal of a suit […]
23rd Jul, 2015

The court should not go beyond what is pleaded in pleadings for adjudication

When the facts necessary to make out a particular claim, or to seek a particular relief, are not found in the plaint, the court cannot focus the attention of the parties, or its own attention […]
23rd Jul, 2015

Director signing cheque in personal capacity is liable in a cheque dishonor case#indianlaws

Where the cheque is drawn by the employee of the appellant company on his personal account, even if it be for discharging dues of the appellant-company and its Directors, the appellant-company and its Directors cannot […]
23rd Jul, 2015

An unwed mother of the child can claim herself to be guardian of the child without notifying father #indianlaws

Whether an unwed mother can claim herself to be the guardian of the child without notifying father, was the subject matter for consideration before the Apex Court. The court while recognizing that the father’s right […]
9th Jul, 2015

Earlier decision of the coordinate bench binding upon any later coordinate bench deciding same or similar issues #Indianlaws

Precedents which enunciate rules of law form the foundation of administration of Justice and it has been held time and again that a single Judge of a High Court is ordinarily bound to accept as […]
9th Jul, 2015

Guidelines for Delhi Family Courts to maintain privacy of parties to proceedings #Indianlaws

Delhi High Court has given directions to the Family Courts to be cautious while dealing with privacy of parties to proceedings. It ruled that leave is to be sought from the Family Court before disclosing […]
9th Jul, 2015

Agreements to pass through test of pith and substance to determine its dominant purpose and consequent tax chargeability #Indianlaws

The question before the Supreme Court was “whether the amounts paid by  ONGC to the non-resident assessees /foreign companies for providing various services in connection with prospecting, extraction or production of mineral oil is chargeable […]
9th Jul, 2015

Person claiming exemption or concession to establish his entitlement to that exemption or concession #Indianlaws

A person who claims exemption in respect of Companies (Profits) Surtax Act, 1964 (‘Surtax Act’) has to establish his entitlement to that exemption.