Case Analysis

11th Dec, 2014

Arbitrator has to deliver the Award within the prescribed or extended time

The court never terminates the mandate of an arbitrator. It stands terminated on the happening of an event or event. The court only declares it.
1st Dec, 2014

Scope of Judicial Review of award of contracts

What is the scope of judicial review of award of contracts was the issue before Court in the matter namely, Jagdish Mandal vs. State of Orissa and Ors., decided on 11.12.2006 [MANU/SC/0090/2007 = [2006] Supp […]
1st Dec, 2014

Importer of product cannot claim to be proprietor of label mark belonging to Exporter

In order to claim the proprietory right on the trade mark of the exporter, the importer has to show that the mark has become inextricably connected with him in the eyes of the public. 
1st Dec, 2014

Winding up Petition not a legitimate mean to seek payment of dues when there exist a bonafide dispute

The creditor in order to seek winding up of a company must prove that the debt is clear and unimpeachable in law and the debt must have crystallized and if the accounts are not settled, […]
1st Dec, 2014

Compromise decree to be challenged in the same suit and not a subsequent suit

An agreement or compromise should not be deemed to be lawful if the same is void or voidable under Indian Contract Act, 1872.
1st Dec, 2014

Search and seizure under Section 132 of the Income Tax Act 1961 is not confiscation

The provision contained in Section 132(1) of the Income Tax Act 1961 enables the competent authority to direct for issue of search and seizure on the basis of formation of an opinion which a reasonable […]
1st Dec, 2014

What is “Public Policy” within the meaning of Section 34 Arbitration and Conciliation Act 1996

The expression “justice” when it comes to setting aside an award under the public policy ground can only mean that an award shocks the conscience of the court
24th Nov, 2014

Nature and Incidents of a Partition Suit

The Apex Court in the case namely R. Ramamurthi Iyer vs Raja V. Rajeswara Rao reported as AIR 1973 SC 643 dealt with the law relating to partition i.e. how the nature and incidents a […]
24th Nov, 2014

While granting interim injunction in cases of bank guarantees the width and amplitude of Courts powers is narrower

Ordinarily, encashment of an unconditional bank guarantee is not injuncted by a court. In order to obtain an order of injunction, the aggrieved party is required to demonstrate that it is either a case of […]
24th Nov, 2014

Neither of the party to an arbitration agreement can unilaterally change its terms and conditions for its own advantage

An arbitration agreement is an independent agreement and is binding on both the parties and neither of the parties can unilaterally change the terms and conditions of any agreement.
24th Nov, 2014

Rent of a building ordinarily includes charges, if any, paid towards fixtures and fittings

Rent is the consideration paid for use and occupation of property and in broader sense, it is the compensation or fee paid, usually periodically, for the use of the rented property, land, buildings, equipment and […]
24th Nov, 2014

Writ Court cannot direct grant of compensation towards acquisition where action suffers from delay and latches

No direction under Article 226 of the Constitution against the State to initiate land acquisition proceedings in respect of land after lapse of sufficient time could be issued.