Case Analysis

21st Aug, 2014

Revisional Powers of High Court or Sessions Judge exercisable if impugned order intermediate or quasi final #indianlaws

Any order which substantially affects the rights of the accused, or decides certain rights of the parties cannot be said to be an interlocutory order so as to bar a revision to the High Court […]
21st Aug, 2014

No person can be permitted to circumvent the law by trying to invoke misplaced sympathy #indianlaws

The subsequent purchaser cannot challenge the acquisition proceedings and that he would be only entitled to get the compensation.The provisions of the beneficial legislation cannot be permitted to be misused to the undue advantage of […]
21st Aug, 2014

Action of an Advocate duly authorised by his client similar to that of power-of-attorney acting on behalf of principal #indianlaws

Counsel appearing for a party is fully competent to put his signature to the terms of any compromise upon which a decree can be passed in proper compliance with the provisions of Order XXIII Rule […]
21st Aug, 2014

Court while dealing with prayer of vacation of interim injunction cannot decide the main controversy in issue #indianlaws

Court while dealing with prayer of vacation of interim injunction cannot decide the main controversy in issue
21st Aug, 2014

Court can deviate from agreed terms while appointing arbitrator in exceptional circumstances #indianlaws

Even if the arbitration agreement specifically provides for any particular qualification(s) of an arbitrator the same would not denude the power of the Court acting under Section 11(6), in an appropriate case to depart therefrom.
21st Aug, 2014

Issue of complaint under Section 138 N I Act being barred by time has to be raised before the Trial Court #indianlaws

High Court should consider the provisions of condonation of delay inserted as proviso to clause (b) of Section 142 of the NI Act before dismissing the complaint being barred by limitation
21st Aug, 2014

A hand written note intimating about dishonour of cheque satisfying all mandatory requirements is a valid legal notice #indianlaws

Hand written note about dishonour of cheque can be considered a notice under Section 138
11th Aug, 2014

Constitutionality of a Parliamentary Act not always maintainable before Delhi merely because it is the seat of Union of India #indianlaws

Passing of legislation by itself do not confer any such right to file a writ petition unless a cause of action arises therefor. A distinction between a legislation and executive action should be borne in […]
11th Aug, 2014

Goverment appeals are equally bound the limitation Act #indianlaws

Delay in filing appeal by Government cannot be condoned merely on the ground of want of administrative sanction  
11th Aug, 2014

Mere printed conditions on the back of consignment note not conclusive to restrict territorial jurisdiction #indianlaws

Jurisdiction stated in the printed format at the back of consignment note will not bind the parties unless parties agreed to the same.
11th Aug, 2014

Essentials of show cause notice and procedure in case of blacklisting of a vendor #indianlaws

A show cause notice must precede blacklisting, stipulating grounds of proposed action and resultant penalty
11th Aug, 2014

law relating to jurisdiction of presenting complaint under Section 138 N I Act revised again. #indianlaws

Cheque dishonor complaint to be filed before the Court within whose territorial jurisdiction cheque drawn was dishonored