Case Analysis

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 […]
2nd Mar, 2014

Principles of grant of damages under Section 73 and 74 of the Indian Contract Act, 1872

Sections 73 and 74 of Contract Act contemplates that in a contract the party who suffers by such breach is entitled to receive compensation for any loss which naturally arises in the usual course of […]
27th Feb, 2014

What Is An “Agreement” Under The Competition Act, 2002

It is the duty of the Competition Commission to eliminate practices having adverse effect on competition, promote and sustain competition, protect the interests of consumers and ensure freedom of trade in the markets of India.
27th Feb, 2014

What Constitutes Mental Cruelty in a Matrimonial Proceeding? #indianlaws

There cannot be any comprehensive definition of the concept of ‘mental Cruelty’ within which all kinds of cases of mental cruelty can be covered. An attempt is however made to incorporate certain tests which would […]
27th Feb, 2014

Tax treatment of employees stock Option (ESOP)

Whether discount on issue of Employee Stock Options is allowable as deduction in computing the income under the head profits and gains in business