Case Analysis

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 […]
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 […]