Case Analysis

27th Feb, 2014

Criminal liability for dishonour of cheques under Section 138 of Negotiable Instruments Act.

It is only the “drawer” of the cheque who can be made liable for the penal action under the provisions of the N.I. Act and as law is well settled, a strict interpretation is required […]
21st Feb, 2014

Challenging the orders of Subordinate Courts under Article 226 and 227 of the Constitution of India

The writ jurisdiction of the High Court under Article 226 and 227 of the Constitution of India is a very effective and powerful remedy available in law
21st Feb, 2014

Concept of Matrimonial Home under Domestic Violence Act 2005 and Hindu Marriage Act, 1955

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 falls under the definition of shared household .
21st Feb, 2014

Principles governing grant of damage for breach of contract

In the judgment as passed by the Supreme Court in Oil & Natural Gas Corporation Ltd. vs. SAW Pipes Ltd. [AIR2003SC2629] dated 17.04.2003 the Court dealt with the issue relating to determination of compensation for […]
21st Feb, 2014

Partnership between two Hindu Undivided Families (HUF)

Issue relating to Registration of Partnership firm formed by two Hindu Undivided Families for the purposes of provisions of the Income Tax Act and conditions necessary in connection related thereto.
21st Feb, 2014

Distribution of State largesse by Public Authority

While a Public Authority cannot distribute State largesse arbitrarily, and all the eligible persons have to be allowed level playing field
21st Feb, 2014

Power of the High Court to extend stay on recovery envisaged under Income Tax Act, 1961

The third proviso also does not bar or prohibit the Revenue or departmental representative from making a statement that they would not take coercive steps to recover the impugned demand
21st Feb, 2014

Recognition of Foreign Matrimonial Judgement in India #indianlaws #marriagelaws

Supreme Court dealt with the issue relating to Recognition of Foreign Matrimonial Judgment in India when parties to marriage are Hindu and the scope of applicable statutory provisions in connection thereto
18th Feb, 2014

Valuation of suit of Cancellation for the purpose of Court Fees Act

In a suit for cancellation of sale deed which was executed for a specified amount, the Court Fee has to be paid on that amount and not on the basis of the market value of […]
16th Feb, 2014

Scope of Sections 397 and 398 read with Sections 402 and 403 of the Companies Act, 1956

Section 397 of the Act empowers the Company Law Board to make such orders as it thinks fit with a view to bring an end to the matters complained of.
10th Feb, 2014

Whether filing of Form No. 32 or acceptance of resignation submitted by a Director is necessary for the same to be effective?

A Director is placed in a fiduciary position to that of a company and, therefore, it is the duty of a Director to ensure that the assets of the company are preserved and protected.
10th Feb, 2014

Whether protection of Rent Control legislation are available to premises covered under Public Premises Act, 1971

Whether the tenants as well as licencees, who are protected under the respective State Laws could be called unauthorised occupants on applying the provisions prescribed under the Public Premises Act