Delhi High Court

11th Aug, 2014

Mere printed conditions on the back of consignment note not conclusive to restrict territorial jurisdiction #indianlaws

Jurisdiction stated in the printed format at the back of consignment note will not bind the parties unless parties agreed to the same.
31st Jul, 2014

A tenant cannot be permitted to become the cause for denial of familial pleasures of the landlord #indianlaws

The term bona fide or genuinely refers to a state of mind. Requirement is not a mere desire. The degree of intensity contemplated by “requires” is much higher than in mere desire
22nd Jul, 2014

Wait-listed passengers holding e-ticket should not be in a position disadvantageous against those holding physical tickets #indianlaws

 Wait-listed ticket in the physical form, as distinct from e-ticket which is automatically cancelled, continues to exist, even if not confirmed on preparation of the “final chart”
10th Jul, 2014

Alternative remedy to filing of appeal under Section 53T of Competition Act not an absolute bar # indianlaws

The issue before Court in the present appeal was of the maintainability of a writ petition under Article 226 of the Constitution of India against the order of the Competition Appellate Tribunal (Tribunal), otherwise is […]
10th Jul, 2014

Mere existence of dispute between parties to contract not sufficient to restrain enforcement of Bank Guarantees

Bank guarantee is absolute and unequivocal. There are only two exceptions to this rule. First, when there is a clear fraud of an egregious nature about which bank has notice. Second, is irretrievable injury which, […]
30th Jun, 2014

Burden to rebut the presumption of service lies on the party, challenging the factum of service #indianlaws

 The presumption under Section 114(f) of the Evidence Act read with Section 27 of the General Clauses Act is rebuttable on a consideration of evidence of flawless character
19th Jun, 2014

Writ Court should not intervene where Adjudicating Authority under Prevention of Money Laundering Act #indianlaws

High Courts to avoid stating that the writ jurisdiction being discretionary, should not ordinarily be exercised by quashing a show cause notice.
19th Jun, 2014

Injunction by the Court will not hold invocation of Section 24 of RFCTLARR 2013 #indianlaws

The conditions set out in Section 24(2) of RFCTLARR Act 2013 are unqualified and it does not matter as to what was the reason behind the non-payment of compensation or for not taking possession. I […]
30th May, 2014

Software infringement or piracy, appointment of Local Commissioner #indianlaws

Delhi High Court in the present matter namely, Autodesk Inc and Anr. vs. A.V.T. Shankardass and Anr. [AIR 2008 Delhi 167: 2008(37)PTC581(Del)], provided guidelines which the Court may take into consideration while dealing with the […]
30th May, 2014

Husband cannot avoid to pay maintence to his wife by voluntarily incapacity #indianlaws

When the husband has voluntarily incapacitated himself from earning, he cannot avoid his liability to maintain his wife and child
30th May, 2014

Company Court is not a debt collecting agency #indianlaws

The proceedings before a Company Court are not recovery proceedings and the Company Court cannot be used as a debt collecting agency
12th May, 2014

Amendment of Pleadings – What the Court ought to consider #indianlaws

Law of amendment of pleadings