Case Analysis

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.
2nd Jul, 2015

Bifurcation of cause of action not permissible to bring in applicability of Section 8 of the Arbitration & Conciliation Act, 1996

Cause of action in one matter cannot be bifurcated,  one to be decided by the arbitral tribunal and other to be decided by the civil court would inevitably delay the proceedings. The whole purpose of […]
2nd Jul, 2015

Position of law in arbitral reference in case of multiple, multi-party agreements with interlinked causes of action

 A non-signatory or third party could be subjected to arbitration without their prior consent, but this would only be in exceptional cases. The Court will examine these exceptions from the touchstone of direct relationship to […]
2nd Jul, 2015

Court to act with caution and circumspection while deciding on plea of not invoking arbitration on the ground of contract being void or voidable

Court ought to act with caution and circumspection whilst examining the plea that the main contract is void or voidable. The Court ought to decline reference to arbitration only where the Court can reach the […]
21st Jun, 2015

Cruelty has to be seen in relation to the conduct of parties to a marriage #indianlaws

Supreme Court in the case namely Shobha Rani vs. Madhukar Reddi, decided on 12.11.1987 (MANU / SC / 0419 / 1987 = [1988] 1 SCR 1010) dealt with the extent of “cruelty” as provided in […]