Case Analysis

5th Jan, 2014

Whether Hospitals carrying out commercial activities fall under Section 1o(23C) (iiiae), Income Tax Act, 1961

It was clarified that a hospital or institution to fall within the sub clause must exist solely for philanthropic purposes and not for the purpose of profit
1st Jan, 2014

Grant of leave to defend under Delhi Rent Control Act, 1958

Principles of grant of leave to defend in summary procedure proceedings of DRCA
11th Dec, 2013

Scope of Section 446 Companies Act, 1956

Principles governing staying of suit in pursuance of winding up proceedings
4th Dec, 2013

Whether mere referring and labeling the deed as “irrevocable” would not make the deed irrevocable

Whether mere referring and labeling the deed as “irrevocable” would not make the deed irrevocable
28th Nov, 2013

Judicial Review of the process of Grant of Contract

The Supreme Court of India after considering several authorities elaborated the law of tender as under:
24th Nov, 2013

Sale of Minor’s property cannot be done without obtaining the prior permission of the Court.

In view of the provisions of Section 8(2) of the Hindu Minority and Guardianship Act, 1956 one cannot mortgage or charge, or transfer by sale, gift of the minor’s property without taking prior permission of […]
21st Nov, 2013

If right transferred is not copyright or the right to use copyright but a limited right to use the copyrighted material, it does not give rise to royalty income

Whether the consideration received by the Assessee on grant of licences for use of software is royalty within the meaning of Article 12(3) of the Double Taxation Avoidance Agreement between India and the United States […]
20th Nov, 2013

Medical Doctors are not workmen

Medical Doctors discharging functions of medical officersare not “workmen” within the meaning of expression contained in Section 2(s) of the Industrial Disputes Act, 1947
11th Nov, 2013

Limitations in extending bar under Section 42 Arbitration and Conciliation Act, 1996

By merely filing an application before any Court, the bar under Section 42 cannot be extended, when another application is filed by a party before another Court, which has got jurisdiction. The Madras High Court […]
6th Nov, 2013

Restriction in the power of the Court to condone delay in re-filing objections to Arbitration Award

Court has the Jurisdiction to condone delay in re-filing even if the period extends beyond the time specified in Section 34(3) of the Arbitration and Conciliation Act, 1996
5th Nov, 2013

Restriction in the Service contract against taking employment with the competitiors raises no Competition issue

A clause in service contract restricting an employee from taking employment with the competitors, after he leaves the employment, for a particular period, raises no competition issue.
4th Nov, 2013

The Rule of Strict Liablity

Measuring liability of an Enterprise engaged in an hazardous or inherently dangerous industry, if by reason of an accident occurring in such industry, person die or are injured