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2nd Mar, 2017

Limitation under the National Green Tribunal Act, 2010 #legalupdates

The Tribunal has held that a recurring or continuous cause of action may give rise to a fresh cause of action resulting in fresh accrual of right to sue. The Tribunal was of the opinion […]
2nd Mar, 2017

Reciprocal Advertising #legalupdates

Hon’ble Delhi High Court in a matter explained propositions relating to comparative advertising which means “any trader is entitled to puff his own goods even though such puff as a matter of pure logic involves […]
2nd Mar, 2017

Deficiency in service on part of the Bank when title deeds under their custody are lost #legalupdates

In a case, before the National Commission, Bank took a stand that document had been ‘misplaced’, there shall still be a possibility that, document could be recovered at a later stage and returned to complainant. […]
2nd Mar, 2017

After acquisition of land, an allottee cannot be taken as necessary or proper party #legalupdates

Acquisition may either be for a “public purpose” or for a company. When land has been acquired for public purpose, land vests in State after the Collector has made an award and the possession is […]
2nd Mar, 2017

Relief u/s Section 20 of the Specific Relief Act is discretionary #legalupdates

In a case decided by Supreme Court, the Court has held that Section 20(1) of Specific Relief Act, 1963 indicates that, jurisdiction to decree specific performance is discretionary. Yet, discretion of Court is not arbitrary […]
19th Feb, 2017

Which orders can be appealed against under Commercial Courts Act #indianlaws

Division Bench of Delhi High Court in the matter of HPL (India) Limited Vs. QRQ Enterprise, FAO (OS) (COMM) No. 12/2017 was considering the effect of Section 13 of Commercial Courts, Commercial division and Commercial […]
19th Feb, 2017

Courts cannot impose unlimited costs in civil proceedings #indianlaws

Division Bench of Delhi High Court in the matter of Bikramjit Ahluwalia Vs. Avnija Ahluwalia FAO(OS) 173/2016 held that there is no question of exercising of inherent powers contrary to the specific provisions of the […]
19th Feb, 2017

Custody of minor child to be determined by the welfare of the minor #indianlaws

The Supreme Court in the matter titled as Vivek Singh Vs. Romani Singh, Civil Appeal no. 3962/2016 decided on 13th February, 2017 was determining the issue of custody of a minor child. The Court reiterated […]
19th Feb, 2017

Industrial lease deed to be renewed as per the terms of lease #indianlaws

The Hon’ble Supreme Court in the matter of Orissa Industrial Infrastructure Development Corporation Vs. MESCO Kalinga Steel Limited; Civil Appeal no. 2545/2017, decided on 14th February, 2017 held that renewal of lease is a privilege […]
13th Feb, 2017

Rebutting the presumption against accused in Section 138, N I Act #indianlaws

Delhi High Court in the matter of Mukesh Kumar Vs. State Crl. L P 555/2017 decided on 2nd Feburary, 2017 held the fact that the cheque has been signed by the accused is not denied […]
13th Feb, 2017

What is “sufficient cause” in terms of order 37 Rule 4 CPC #indianlaws

Bombay High Court in the matter titled as Purnendu Shekhar Mal Jain Vs. ACG Associated Capsules Private Limited in Appeal (L) no. 98 of 2016 decided on 1st Feb, 2017 held that the words “special […]
13th Feb, 2017

What is “Permanent disability” in Motor Accident cases #indianlaws

Supreme Court in the matter of Sandeep Khanuja Vs. Atul Dande; Civil Appeal no. 1329/2017 decided on 2nd Feb, 2017 held that the crucial factor which has to be taken into consideration, in a motor […]