Case Analysis

1st Nov, 2018

The date of last appellate court judgement and not the date of trial court judgement is to be considered for the purposes of calculating limitation for filing execution petition

The Supreme Court held that an appellate court judgement merges with the trial court judgement and therefore, an execution filed within 12 years from the date of appellate court judgement is within limitation. The said […]
31st Oct, 2018

A conditional gift is incomplete till the conditions stated in the deed remain unfulfilled and may be cancelled

The Supreme court has held that a conditional gift only becomes complete on compliance of the conditions in the deed and till the time such conditions remain unfulfilled; the donor is at liberty to cancel […]
31st Oct, 2018

Upon the tenant denying the ownership of the landlord over tenanted premises, the tenancy comes to an end

The Delhi High Court held that when a tenant denies the title of the landlord and the tenancy, the suit filed for recovery of possession is not on the basis of the relationship of landlord […]
31st Oct, 2018

Only a legal issue which affects the jurisdiction of the court can be decided as a preliminary issue under Order XIV Rule 2 of Code of Civil Procedure, 1908.

The Delhi High Court clarified that only an issue which is of a legal nature and affects the jurisdiction of the court falling within the meaning of Order XIV Rule 2 of Code of Civil […]
31st Oct, 2018

A Court deciding Section 34 petition has no jurisdiction to remand the matter to Arbitrator for Fresh Decision

The Supreme Court has reiterated that the court while deciding a petition under Section 34 of the Arbitration and Conciliation Act has no jurisdiction to remand the matter to the arbitrator for a fresh decision. […]
27th Oct, 2018

The starting point of limitation under Article 59 of the Limitation Act is the knowledge of the alleged fraud.

The Delhi High Court while determining the limitation in a suit for cancellation distinguished between the documents which are void and voidable. It was held that no limitation was prescribed in case of cancellation of […]
26th Oct, 2018

“Sufficient Cause”: When Defendant sincerely intended to remain present when suit was called on for hearing

In an application filed under Order IX Rule 13, it was opined that sufficient cause is when Defendant has bona fide intention to be present before Court when called upon to do so. This was […]
25th Oct, 2018

When a party is unable to perform a contract, being an impossible act, there is no breach

When a party is obligated to perform an act which becomes an impossible one under Section 56 of the Indian Contract Act, 1872, there is no breach of contract. This was held by the Hon’ble […]
25th Oct, 2018

Readiness and willingness to perform contract must subsist throughout the case

A party to a contract has to show and establish his willingness and readiness to perform his part of contract throughout, including the day when the suit for specific performance was filed. This was held […]
23rd Oct, 2018

SARFESI Act 2002 has an overriding effect on other laws, including Code of Civil Procedure

A peculiar situation came before the Bombay High Court in the matter of M/s Corporation Bank vs. Hon’ble Chief Metropolitan Magistrate (Writ Petition No. 11729/2018) which was decided on 22nd October, 2018. In this matter […]
23rd Oct, 2018

If an examinee is unable to appear for examination due to medical reasons, this will not constitute first attempt for that paper

In absence of any Ordinance or Regulations of a university, if a student is unable to appear for a paper due to medical reasons, he or should will be deemed to have not attempted the […]
22nd Oct, 2018

Non- disclosure of common lifestyle diseases is not a ground to deny insurance claim

The National Consumer Disputes Redressal Commission observed that mere non-disclosure of lifestyle diseases does not become a ground for denial of insurance claim to the insured. However, such non-disclosure may result in reduced claims. The […]