Case Analysis

28th Sep, 2014

Pre-mature filing of complaint under Section 138 N I Act is liable to be dismissed #indianlaws

 Any complaint before the expiry of 15 days from the date on which the notice has been served on the drawer/accused is no complaint at all in the eye of law. It is not the […]
24th Sep, 2014

Termination of tenancy under Section 106 TPA not necessary for State Rent Contol legislations #indianlaws

The theory of double protection or additional protection has been  stretched too far and without a proper and due consideration of all its remifications.It was accordingly held that no notice to quit is necessary under […]
24th Sep, 2014

Regulatory actions are not amenable to the jurisdiction of Competition Commission #indianlaws

Issue of abuse of dominance by IRDA did not arise and no case of contravention of the provisions of section 4 of the Act was made out against IRDA.
24th Sep, 2014

Guidelines laid down for handing over the property on Supardari #indianlaws

Delhi High Court has laid down guidlines for handing over of seized properties on Supardari
24th Sep, 2014

Mere appointment of a contractor or employee does not Absolve Corporation from its statutory duties #indianlaws

It was held by the Supreme Court held a Corpoation who grants the boating rights to contractor would continue to be liable to suprevise the boating activities and pay for the loss of life during boating.
24th Sep, 2014

Supreme Court not a Court within the meaning of Section 2(1)(e) of the Arbitration and Conciliation Act, 1996 #indianlaws

Supreme Court under no circumstances to be considered as “Court” for the purposes of Section 2(1)(e), and whether the Supreme Court does or does not retain seisin after appointing an Arbitrator
10th Sep, 2014

Liability of the surety is co-extensive with that of the principal debtor #indianlaws

It was held that if the composite decree is a decree which is both a personal decree as well as a mortgage decree, without any limitation on its execution, the decree-holder, in principle, cannot be […]
10th Sep, 2014

Lottery Business not under the purview of Competition Act, 2002 #indianlaws

Competition Act would be applicable to legitimate trade and goods to ensure competition in the market, to protect the interest of the consumers and freedom of trade in markets which are res commercium. The lottery […]
10th Sep, 2014

DRT/ DRAT empowered to lay down its procedure to regulate the proceeding #indianlaws

An application under Section 22(2)(b) of the Recovery of Debts due to Banks and Financial Institution Act, 1993 RDBFI Act) for production of original/certified copies of the documents mentioned in the petition was filed. On […]
10th Sep, 2014

laws of pleading in complaint under Section 138 Negotiable Instruments Act #indianlaws

It is not necessary to aver in the complaint that in spite of the return of the notice unserved, it is deemed to have been served or that the addressee is deemed to have knowledge […]
10th Sep, 2014

Arbitrator cannot decide upon issues not arbitrable in a Contract of Arbitration

It is  not open to the Arbitrator to arbitrate upon the disputes which in view of a specific clause in the contract to the effect of they been “excepted” issues. 
30th Aug, 2014

Disputes cannot be referred to an Arbitrator when there are serious allegations of fraud #indianlaws

Section 8 of the Arbitration and Conciliation Act, 1996 (Act) provides for powers of the judicial authority/ Court to refer parties to arbitration where there is an agreement to this effect. There are number of […]