Case Analysis

14th Sep, 2018

Article 18 of the schedule of the Limitation Act, prescribing the limitation of three years from the date when the work is done, would come into play when no specific date for payment is fixed.

In a recent judgment, the Hon’ble High Court of Delhi observed that in the case when no specific date for payment is fixed, the cause of action accrues on the date when the work is […]
14th Sep, 2018

Relief under Section 6 of the Specific Relief Act is summary in nature and no appeal lies against it

The Supreme Court reminded the courts below that proceedings under Section 6 of the Specific Relief Act were not appealable in the light of Section 6(3) of the Act. The said observation was made by […]
14th Sep, 2018

Principle of Molding Relief can’t be invoked at an Interlocutory Stage

The Supreme Court has observed that principle of molding of relief could at best be resorted to at the time of consideration of final relief in the main suit and not at an interlocutory stage. […]
14th Sep, 2018

Railways empowered to frame its own rules to lay down service conditions of its Employees

The Supreme Court has held that the Railways is not bound by the memorandum issued by the Department of Personnel and Training (DoPT) and are empowered to frame its own rules to lay down the […]
13th Sep, 2018

If the vehicle owner was aware that the driving license of the driver was not genuine, the insurer will be absolved from liability

  In a recent judgment, the Supreme Court, held that the adjudicating tribunal has to analyze evidence and pleading to ascertain whether the vehicle owner was aware that the driving license of the driver was […]
13th Sep, 2018

Contempt Action without framing of charges not sustainable

The Division Bench of the Apex Court set aside the conviction and sentence imposed by the Delhi High Court under the Contempt of Court Act 1971, holding, inter-alia, that formal charges were not framed against […]
13th Sep, 2018

A suit filed on the basis of an open, mutual and current account, limitation commences at the end of the financial year for which the transactions are entered into

The Delhi High Court held that when a suit is based on current, open, mutual account, the period of limitation as per Article I of the Limitation Act commences at the end of the financial […]
8th Sep, 2018

If the Complainant fails to prove that cheque has been dishonored as provided under Section 146 of the Negotiable Instruments Act or by any other mode, presumption in favor of the said Complainant will not arise

In a recent judgment, the Bombay High Court, held that the Complainant has to prove the basic fact of dishonor of cheque before the burden of proof is discharged by her to establish that an […]
8th Sep, 2018

Arbitrator to be appointed should be as per the Arbitration Agreement

The Delhi High Court in a recent matter set aside an award passed by a three-member arbitral tribunal even as the agreement between the parties provided for appointment of a sole arbitrator only. The Single […]
6th Sep, 2018

A person can’t acquire Adverse Possession by simply remaining in permissive possession, for howsoever long it may be

The Supreme Court exposited that one who holds possession on behalf of another i.e. permissive possession, does not by mere denial of the other’s title, make his possession adverse so as to give himself the […]
5th Sep, 2018

There has to be an assertion of ownership title in the person who claims adverse possession to the knowledge of the true owner and the world at large.

In a recent judgment, the Hon’ble High Court of Delhi observed and held that it is the manifest duty of the person claiming adverse possession to prove that there was an assertion of hostile ownership […]
31st Aug, 2018

Under Section 47 of the Code of Civil Procedure 1908, only the Executing Court has the power to determine whether the decree has been satisfied.

In a recent judgment, the Hon’ble Supreme Court of India observed and held that it is the manifest duty of the executing court to execute the decree as it stands, without adding anything to it. […]