Case Analysis

18th Sep, 2021

Women not re-married on the day of husband’s death is entitled to share in husband’s property

The Nagpur Bench of the Bombay High Court in Jaiwanti Bai v. Sunanda in Second Appeal No. 144 of 2007was called upon to interpret Section 24 of the Hindu Succession Act, 1956 which bars the […]

10th Sep, 2021

Appeal at the stage of admission, needs to be admitted or rejected fully and not partly

An interesting question arose before the Nagpur Bench of the Bombay High Court in the case of Executive Engineer v. Manik Panjabrao concerning the part admission of the appeal under Section 96 of the Code […]

10th Sep, 2021

High Courts, in second appeal, may exercise limited factual review under section 103 CPC.

In the matter of K.N Nagarajappa & Ors Vs. H. Narasimha Reddy; Civil Appeal No. 5033-5034 of 2009 decided by the Hon’ble Supreme Court on 09.09.2021. Facts of the Case- The Respondent filed the first […]

6th Sep, 2021

High Courts cannot reopen, or question findings of fact reached by the lower courts or Tribunals as a result of the appreciation of evidence in exercise of their writ jurisdiction.

In the matter of Chandu Venkateswarlu vs. Union of India & Anr., W.P.(C) 4095/2014 decided by Hon’ble Delhi High Court on 18.08.2021. In the present petition, the Delhi High Court has discussed in detail, the […]

6th Sep, 2021

Once a party dies his/her death certificate cannot be termed as ‘Third Party Information’

In FAO (WCA) No. 417/2012 decided on 27.08.2021 decided by the Hon’ble Himachal Pradesh High Court FACTS: Appellant/Applicant in the present matter preferred an application seeking a copy of the death certificate and the […]

3rd Sep, 2021

BOMBAY HIGH COURT REFUSES ANTI SUIT INJUNCTION IN DIVORCE PROCEEDINGS

In a significant judgement in the case of Milind Ashok Kalmakar v. Sheetal Milind Kalmakar [W.P. No. 3773 of 2021], Bombay High Court refused to grant anti suit injunction for restraining the wife from instituting […]

31st Aug, 2021

Section 9 Arbitration Act shall be applicable to Foreign Arbitration unless expressly excluded by Parties in Arbitration Agreement.

In the matter of Medima LLC v. Balasore Alloys Limited in AP/267/2021 decided by the Calcutta High Court on 03.08.2021. BACKGROUND OF THE CASE: The petitioner had been awarded an amount of price USD […]

28th Aug, 2021

Counsel’s failure to argue grounds in written submission cannot be the basis for review.

In an significant order in the case of Priya Communication v. Tata Capital (REVIEW PETITION (L) NO. 5868 OF 2021), the Bombay High Court has held that the failure of the counsel in pressing the […]

28th Aug, 2021

What constitutes a ‘Commercial Dispute’ under the Commercial Courts Act, 2015

In the matter of Ladymoon Towers Private Limited v. Mahendra Investment Advisors Private Limited (CS 99/2020) decided by the Hon’ble Calcutta High Court on 13.08.2021 FACTS: The petitioner had moved the instant plea seeking […]

27th Aug, 2021

THE RIGHT TO BE FORGOTTEN – REDACTION OF NAMES FROM JUDICIAL ORDERS NOT PERMISSIBLE IN THE ABSENCE OF STATUTORY PROVISIONS

Introduction: In a significant judgment, in the case of Karthich Theodore v. The Registrar General, Madras High Court and Ors. [W.P.(MD) No.12015 of 2021], the Madras High Court has held that the right to be […]

26th Aug, 2021

In settlement of insurance claims, the surveyor report is not final and conclusive.

In the matter of National Insurance Company Ltd. vs. M/s. Hareshwar Enterprises (P) Ltd. & Ors. [Civil Appeal No. 7033 of 2009] decided by the Supreme Court on 18.08.2021. Facts: The factory premises of Respondent […]

20th Aug, 2021

Clearing cloud over jurisdiction of court in entertaining petitions under Sections 9, 11 and 34 of Arbitration and Conciliation Act, 1996

Determination of jurisdiction of a court in entertaining petitions under Sections 9, 11 and 34 of Arbitration and Conciliation Act, 1996 (Act), in respect of domestic arbitration to say the least, is confusing. It gets […]

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