Case Analysis

11th Oct, 2014

Goverment cannot withdraw its assurance even if it is a party in a contract #indianlaws

Cancellation of allotment of land was the subject matter of challenge in the present writ petition filed under Article 226 of the Constitution of India. The allotments were stated to be made without inviting public […]
11th Oct, 2014

Daughters can avail benefits of amended Hindu Succession Act in a partition suit even when only preliminary decree is passed

 A suit for partition is not disposed of by passing of a preliminary decree until a final decree is passed partitioning the immovable property of the joint Hindu family by metes and bounds; that even […]
11th Oct, 2014

Reveune Records are not documents of title #indianlaws

 Revenue records do not evidence passing of title, or create title.
10th Oct, 2014

Whether right of women in Coparcenry property is retrospective? #indianlaws

.A bare perusal of sub-section (1) of Section 6 would clearly show that the legislative intent in enacting clause (a) is prospective i.e. daughter born on or after 9 September 2005 will become a coparcener […]
10th Oct, 2014

Complaint for dishonour of cheque could be filed through the Power of Attorney #indianlaws

In the light of section 145 of NI Act, it is open to the Magistrate to rely upon the verification in the form of affidavit filed by the complainant in support of the complaint under […]
28th Sep, 2014

Application of doctrine of promissory estoppel against State #indianlaws

 A party acting in reliance on a promise made by the Government if has altered his position, is entitled to enforce the promise against the Government, even though the promise is not in the form […]
28th Sep, 2014

DRAT can transfer appeal/ application under Section 17 of the SARFAESI Act from one DRT to another DRT #indianlaws

The issue for discussion before the Court was that the appeal/ application under Section 17 of the SARFAESI Act is maintainable only before the DRT within whose jurisdiction the asset/property with respect to which the […]
28th Sep, 2014

A decree for specific performance of an agreement to sell cannot be reversed on the ground of rise in price #indianlaws

Rise in price is a normal change of circumstances and, therefore, on that ground a decree for specific performance cannot be reversed. However, the court may take notice of the fact of increase in prices […]
28th Sep, 2014

Arbitrator cannot parties to act on a substituted contract-same shall be illegal or erroneous #indianlaws

When parties have arrived at a concluded contract and acted on the basis of those terms and conditions of the contract then substituting new terms in the contract by the Arbitrator or by the Court […]
28th Sep, 2014

How to prove Emails and other Electornic Records in Court #indianlaws

Proof of electronic record is a special provision introduced by the IT Act amending various provisions under the Evidence Act and these special provisions on evidence relating to electronic record would be governed by the […]
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 […]