Case Analysis

1st Feb, 2015

Husbands will find it tough while determining maintenance in matrimonial proceedings

he parties should be directed to file a detailed affidavit of their assets, income and expenditure and the supporting documents in order to determine their true income. The assets, liabilities, income and expenditure of the […]
1st Feb, 2015

Victim’s plight cannot be ignored even when a crime goes unpunished for want of adequate evidence

Order of sentence in a criminal case needs due application of mind. The Court has to give attention not only to the nature of crime, prescribed sentence, mitigating and aggravating circumstances to strike just balance […]
1st Feb, 2015

BCCI is amenable to the writ jurisdiction under Article 226 of Constitution of India

An important question, amongst other, that arose before the Court was to determine as to whether BCCI is ‘State’ within the meaning of Article 12 and if 19 of the Constitution of India and if […]
20th Jan, 2015

Granting of unconditional leave to defend in summary trial – Legal Propositions

Whether leave to defend in a summary suit can be granted to a Defendant unconditionally or upon such terms as may appear to the Court or Judge to be just to put the defendant on […]
20th Jan, 2015

What is the meaning of expression “As is where is basis”?

The Court held that the condition “as is whereas basis” does not mean that property may not be in existence at all.
19th Jan, 2015

Cheque dishonour proceedings upon reaching the stage of Section 145(2) of NI Act or beyond to continue in Court conducting trial

It is only when the stage of proceedings in cases filed under Section 138 of the Act has reached the stage of Section 145(2) of the Act or beyond thereof, such case shall continue to […]
19th Jan, 2015

Factors to be examined in determining suit for partition/possession

The Court is required to go through the merits of the claim of the respective parties in proper perspective and then to record a finding regarding extent of shares received by each coparcener/co-owner keeping in […]
19th Jan, 2015

Official Liquidator steps into the shoes of Director of the Company in liquidation to performing statutory functions

The Official Liquidator was held to be an officer of the Court and that for the purpose of discharging statutory obligations imposed under the Act, 1956, the Official Liquidator merely steps into the shoes of […]
11th Jan, 2015

Essential points for determination by Courts while exercising power of Judicial Review of awarding of contract

The court should not substitute its own decision for the decision of an expert evaluation committee. If there is a good reason why the project should not be undertaken, then the time to object is […]
11th Jan, 2015

General Principle governing cases of delay in delivery or non-delivery of housing units

What are the governing principles while deciding upon the issue of delay in making delivery of premises by development authorites or in other words where development authority forming layouts and allots plots/flats (or houses) by […]
11th Jan, 2015

Service Tax levy on Advocates not against Constitutional Mandate

The services provided to a individual client by a individual advocate continues to be exempted from the purview of the Finance Act and consequently Service Tax but when an individual advocate provides service or agrees […]
11th Jan, 2015

Presumtion under Section 90 is available only when document is proved to be 30 years old

 Plea for relaxation  of proof of documents cannot be granted as the antiquity of the document is the very reason for justification for it to be bestowed with the curial presumption that the signature and every […]