Case Analysis

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
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.