Case Analysis

3rd Apr, 2014

All live-in relationship are not in the nature of Marriage #indianlaws

In the judgment as passed by the Supreme Court in Indra Sarma vs. V.K.V. Sarma [Dated 26.11.2013, Criminal Appeal No. 2009 of 2013] the Court dealt with the issue as to whether a “live-in relationship” […]
3rd Apr, 2014

Institute of Chartered Accountant(ICAI) is an enterprise within the meaning of Competition Act, 2002

Non-regulatory activities of ICAI would fall within the definition of ‘enterprise’ as organizing of CPE seminars cannot be understood as sovereign function attracting exemption under the definition of ‘enterprise’. #CompetitionAct  
3rd Apr, 2014

Predation through Judicial process-An increasing threat to Competition #indianlaws

Competition Commission formed a prima facie opinion that JCB by abusing their dominant position in the relevant market sought to stifle competition in the relevant market
2nd Apr, 2014

In case of illegal collection of tax, it is obligatory on the part of revenue to refund money with interest

The issue before the Apex Court was whether the revenue is legally responsible under Section 244A of the Income Tax Act, 1961 (Act) for payment of interest on the refund of tax made to the […]
2nd Apr, 2014

Delay in delivery of possession and defective construction in the flat makes builder liable to pay compensation #Compensation

In the judgment as passed by the Supreme Court in Lucknow Development Authority vs. M.K. Gupta [Dated 05.11.1993, reported as AIR 1994 SC 787 = 1994 SCC (1) 243] the Court dealt with the issues […]
2nd Apr, 2014

Court may grant maintenance under Section 125 Cr P C even after minor daughter attains majority #indianlaws #marriagelaws

The court in order to avoid multiplicity of proceedings should have entertained the application filed by the daughter on attaining majority for the reason that ultimately the applicant was entitled for maintenance
2nd Apr, 2014

An Arbitration Award should not be disturbed merely because two views are possible

Court hearing objections under Section 34 of the Act should not interfere with the award merely because there are two views are possible
2nd Apr, 2014

Meaning of “readiness and willingness” in a suit for specific performance #indianlaws

Two issues were posed before the Apex Court for adjudication, firstly, the jurisdiction of High Court while entertaining the Second Appeal, and secondly, meaning of the expression readiness and willingness a suit for specific performance. […]
2nd Apr, 2014

Burden of proof of proving that any property has not been partitioned lies on the party alleging it

There is a presumption that until the contrary is proved, every Hindu family is joint and undivided and all its property is Joint
9th Mar, 2014

Can a Hindu Husband marry for the second time by embracing Islam? #indianlaws #marriagelaws

The second marriage of a Hindu husband after his conversion to Islam is a void marriage in terms of Section 494 IPC.
2nd Mar, 2014

Injunction on Invocation of bank guarantees #indianlaws

The Courts, thus, should, be slow in putting a restrain in realizing such a bank guarantee.
2nd Mar, 2014

‘Shared Household’ under Domestic Violence Act 2005 #marriagelaws #indianlaws

The Supreme Court dealt with the issue relating to Scope and meaning of the expression Shared Household vis-à-vis question as to whether in the property (ies) wherever the husband and wife lived together last becomes […]