Case Analysis

30th Jun, 2014

Burden to rebut the presumption of service lies on the party, challenging the factum of service #indianlaws

 The presumption under Section 114(f) of the Evidence Act read with Section 27 of the General Clauses Act is rebuttable on a consideration of evidence of flawless character
30th Jun, 2014

Remedy under section 9 of A & C Act should not be granted for the purpose of providing security of an award #indianlaws

The Court’s jurisdiction to arrest a ship in an action in rem should not be exercised for the purpose of providing security of an award, which may be made in arbitration proceedings
30th Jun, 2014

Six months waiting period for second motion in divorce by mutual consent: no hardship to parties #indianlaws

Whether statutory waiting period of six months referred to in Section 13-B(2) of the HMA can be waived/ condoned by the Court?
27th Jun, 2014

All one needs to know about Will in India #indianlaws

The law on intestate succession is governed by the Indian Succession Act, 1925 for all communities except Muslims.
27th Jun, 2014

Hindu Law of Succession #indianlaws

This article discusses the journey of a Hindu succession laws from the Mitakshara era to the present era where the women have been empowered
19th Jun, 2014

Doctrine of promissory estoppel #indianlaws

Section 116, Evidence Act provides that no tenant of Immovable property or person claiming through such tenant shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, […]
19th Jun, 2014

Writ Court should not intervene where Adjudicating Authority under Prevention of Money Laundering Act #indianlaws

High Courts to avoid stating that the writ jurisdiction being discretionary, should not ordinarily be exercised by quashing a show cause notice.
19th Jun, 2014

Power of competent authority to summon any person to give evidence or produce records not illegal #indianlaws

Section 50(2) of the PML Act, vest power in the competent authority to summon any person whose attendance he considers necessary whether to give evidence or to produce any records during the course of any investigation or […]
19th Jun, 2014

Mere denial of liability in Cheque dishonour is not sufficent shift burden on complainant #indianlaws

Mere distorted version or mere taking up the plea or the defence that accused is not liable to pay any amount or be discharged the amount are not sufficient to put back the burden on to […]
19th Jun, 2014

Injunction by the Court will not hold invocation of Section 24 of RFCTLARR 2013 #indianlaws

The conditions set out in Section 24(2) of RFCTLARR Act 2013 are unqualified and it does not matter as to what was the reason behind the non-payment of compensation or for not taking possession. I […]
19th Jun, 2014

Revocation of Patents #indianlaws

If “any person interested” has filed proceedings under Section 25(2) of the Patents Act, the same would eclipse all similar rights available to the very same person under Section 64(1) of the Patents Act.
9th Jun, 2014

Objections against proceedings of Acquisition – Status under the repealed and repealing Act #indianlaws

As per Section 15 of the 2013 Act any person interested in any land notified under Section 11(1) as being required or likely to be required for a public purpose, may within sixty days from […]