Case Analysis

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
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 […]