Case Analysis

30th Oct, 2013

What is the fate of an agreement to sell executed in violation of the injunction order?

Merely because property in relation to which agreement was entered upon is no longer subject to any order of restrain, party seeking specific performance does not automatically becomes entitled to such relief.
29th Oct, 2013

Jurisdiction of Civil Court vis-à-vis Scope of Section 34 of the SARFESI

A Civil Court has no jurisdiction to entertain any suit or proceedings in respect of matters falling under Section 13(4) of the Securitisation Act as such matters comes under the jurisdiction of the DRT and […]
26th Oct, 2013

Date on which cause of action arose for filing complaint for dishonour of cheque is to be excluded for the purposes of limitation

While calculating the period of one month as prescribed under Section 142(b) of the Negotiable Instruments Act, 1881 for filing a criminal complaint on the ground of dishonour of cheque, the period is to be […]
23rd Oct, 2013

Hospital vicariously liable for its doctors and their conduct – whether on the panel of hospital or associated as visiting doctors.

Right to Health of a citizen is a fundamental right as guaranteed under Article 21 of the Constitution of India.
22nd Oct, 2013

Tax Appellatte Tribunal has no power in terms of Rule 24 of the Tribunal Rules to dismiss an appeal before it for non-prosecution

Whether Income Tax Appellate Tribunal (ITAT) in exercise of Rule 24 of the Income Tax Appellate Tribunal Rules, 1963 (Tribunal Rules) can dismiss the appeal for non prosecution, and, second, interpreting Rule 24 of the […]
20th Oct, 2013

Institutional Arbitration

Parties to contract relying upon their own set of agreed rules to their advantage are estopped from pleading to the contrary that the rules are inapplicable for any other purpose when such rules are themselves […]
16th Oct, 2013

Dishonour of Cheques-Vicarious liability of Directors

The Hon’ble Supreme Court in a matter dealt with the issue of vicarious liability of Directors in the offence of dishonour of cheque.
9th Oct, 2013

Court Fee (Delhi Amendment) Act, 2012 held invalid and ultra vires the Constitution and therefore struck down

In a set of writ petitions filed before the Delhi High Court, validity of Court Fee (Delhi Amendment) Act, 2012 was questioned and the same was sought to declared ultra vires and thus liable to […]
8th Oct, 2013

Income does not accrue in the year of export but in the year in which imports are made

The income accrues when there “arises a corresponding liability of the other party from whom the income becomes due to pay that amount
7th Oct, 2013

Mortgage by deposit of title deeds whether requires compulsory registration?

When borrower and the creditor choose to reduce a contract in writing as the sole evidence of terms between them, It since becoming integral part of the transaction, shall require registration under Section 17 of […]
7th Oct, 2013

Courts while adjudicating issue relating to dishonour of cheque cannot impose compensation/ fine more than twice the cheque amount

Under Section 138 of the Negotiable Instruments Act, 1881, while dealing with the offence of dishonor of cheque, recovery of the amount payable under the instrument, power to levy fine is restricted to twice the […]
30th Sep, 2013

Jurisdiction of SEBI in regard to GDRs

In matters relating to issuance, trading and conversion of Global Depositories Receipts (GDRs), the jurisdiction rest with the RBI and/or the Ministry of Finance