Case Analysis

31st Jul, 2014

Where time not the essence of contract, Parties thereto must perform their part within a reasonable time #indianlaws

The legal position suggests that in the case of agreement of sale relating to immovable property, time is not of the essence of the contract unless specifically provided to that effect. However, this does not […]
31st Jul, 2014

A tenant cannot be permitted to become the cause for denial of familial pleasures of the landlord #indianlaws

The term bona fide or genuinely refers to a state of mind. Requirement is not a mere desire. The degree of intensity contemplated by “requires” is much higher than in mere desire
31st Jul, 2014

Manufacturer restricting market to its authorised sellers alone does not amounts to abuse of dominance #indianlaws

Offline and online markets differ in terms of discounts and shopping experience and buyers weigh the options available in both markets and decides accordingly. If the price in the online market increase significantly, then the […]
31st Jul, 2014

Husband is obliged to see that his wife does not become a destitute, a beggar #indianlaws

if the husband is required to earn money with physical labour, if he is able bodied. There is no escape route from payment of maintenance, unless there is an order from the Court that the […]
31st Jul, 2014

Investor has to be cautious- expected returns may be far below the expectation #indianlaws

All investments were subject to markets risks and fluctuations and an investor has to exercise due caution while investing any amount in any Scheme. Simply, because the maturity amount is below their expectations they cannot […]
22nd Jul, 2014

Law relating to drafting an agreement-It should be is clear, simple and straight forward #indianlaws

These days with the use of computers and user friendly editing procedures like cut and paste facilities, the text is sourced and added hoping the same to be appropriate to the work to avoid redundancy, […]
22nd Jul, 2014

Wait-listed passengers holding e-ticket should not be in a position disadvantageous against those holding physical tickets #indianlaws

 Wait-listed ticket in the physical form, as distinct from e-ticket which is automatically cancelled, continues to exist, even if not confirmed on preparation of the “final chart”
22nd Jul, 2014

Confusion between medicinal products can be life threatening and not merely inconvenient #indianlaws

Confusion between medicinal products may be life threatening, not merely inconvenient.  Thus there should be as many clear indicators as possible to distinguish two medicinal products from each other.
22nd Jul, 2014

A major child can claim maintenance from his father in exceptional circumstances #indianlaws

A major son of the well educated and economically sound parents can claim educational expenses from his father or mother irrespective of the fact that he has attained majority
22nd Jul, 2014

Condition of pre-deposit for entertaining appeal has no nexus with the order of stay #indianlaws

 A pre-deposit condition to deposit the amount being condition precedent for entertaining appeal, has no nexus with the order of stay, as such an order may or may not be passed by the National Commission. […]
22nd Jul, 2014

Arbitration and Conciliation Act, 1996 not applicable to arbitrate disputes between licensees and generating companies #indianlaws

The Supreme Court relying on the settled principle held that the special law overrides the general law and accordingly, Section 11 of the Arbitration and Conciliation Act, 1996 would have no application to the question […]
22nd Jul, 2014

Bank cannot recover the money from the account holder wrongly credited to the account #indianlaws

The Court while making reference to Section 72 of the Indian Contract Act mentioned that the Bank does have a right to recover the money paid under a mistake. In the instant case, however, under […]