Case Analysis

2nd May, 2014

Directions to Criminal Courts for faster disposal of Cheque bounce cases #indianlaws

Delay in disposal of cheque bounce cases by the Courts of Law
20th Apr, 2014

Frustration of contract – the position in India #indianlaws

The doctrine of frustration is an aspect or part of the law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done
20th Apr, 2014

Breach of undertaking given to the Court amounts to playing fraud on the Court #indianlaws

Dishonoring an undertaking given to the court would amount to a fraud on court and that would inevitably affect the administration of justice
20th Apr, 2014

Transaction earnings in the usual course of business of trading in shares and securities and not for making static investments is stock-in-trade #indianlaws

Assessee was found to be deriving its income from dividends received from mutual funds and equity shares interest from investment of capital in partnership firm.  
20th Apr, 2014

Disputes under Micro, Small and Medium Enterprises Development Act, 2006 have to be adjudicated at Arbitration #indianlaws

Once the Act provides for a statutory remedy of arbitration in terms of Section 18(4), it was held that the relief of certiorari as sought for quashing all the proceedings before the Council was manifestly […]
20th Apr, 2014

Investing in real estate – be always ready for shock and surprises #indianlaws

Supertech Sealing case Noida
20th Apr, 2014

Hijras, Eunuchs, apart from binary gender, to be treated as “third gender” #indianlaws

 Hijras are neither men nor women and claim to be an institutional “third gender
10th Apr, 2014

Principles governing Anti-Suit Injunction – Meaning and Scope #indianlaws

The burden of establishing that the forum of choice is a forum non- conveniens or the proceedings therein are oppressive or vexatious would be on the party so contending to aver and prove the same. […]
10th Apr, 2014

All Directors in the Company are not vicariously liable to face prosecution in proceedings under Section 138 #Indianlaws

It was observed in the present matter that despite the legal position duly settled with number of judgments passed by the Supreme Court, the trend in complaints for dishonour of cheque against a Company that […]
10th Apr, 2014

Restriction on power of High Court to interfere in finding of facts under Article 226 and 227 of Constitution #indianlaws

 In the absence of mixed question of law and fact or question of law, the High Court cannot alter the finding under Articles 226 and 227 of the Constitution of India
10th Apr, 2014

Dishonoured Cheque if only towards an advance indicates that there was no existing liability #indianlaws

The payment by cheque in the nature of advance payment indicates that at the time of drawal of cheque, there was no existing liability.
10th Apr, 2014

The Court has to ensure neutrality, impartiality and independence of the third arbitrator #indianlaws #Arbitrationlaws

Court has to ensure neutrality, impartiality and independence of the third arbitrator