Supreme Court

11th Jan, 2015

General Principle governing cases of delay in delivery or non-delivery of housing units

What are the governing principles while deciding upon the issue of delay in making delivery of premises by development authorites or in other words where development authority forming layouts and allots plots/flats (or houses) by […]
11th Jan, 2015

Presumtion under Section 90 is available only when document is proved to be 30 years old

 Plea for relaxation  of proof of documents cannot be granted as the antiquity of the document is the very reason for justification for it to be bestowed with the curial presumption that the signature and every […]
11th Dec, 2014

Vendor is a necessary party in a suit for specific performance against Purchaser

It is essential that the vendor must join in the execution of the sale deed. If that be so, vendor becomes a necessary party
1st Dec, 2014

Scope of Judicial Review of award of contracts

What is the scope of judicial review of award of contracts was the issue before Court in the matter namely, Jagdish Mandal vs. State of Orissa and Ors., decided on 11.12.2006 [MANU/SC/0090/2007 = [2006] Supp […]
1st Dec, 2014

Compromise decree to be challenged in the same suit and not a subsequent suit

An agreement or compromise should not be deemed to be lawful if the same is void or voidable under Indian Contract Act, 1872.
1st Dec, 2014

Search and seizure under Section 132 of the Income Tax Act 1961 is not confiscation

The provision contained in Section 132(1) of the Income Tax Act 1961 enables the competent authority to direct for issue of search and seizure on the basis of formation of an opinion which a reasonable […]
1st Dec, 2014

What is “Public Policy” within the meaning of Section 34 Arbitration and Conciliation Act 1996

The expression “justice” when it comes to setting aside an award under the public policy ground can only mean that an award shocks the conscience of the court
24th Nov, 2014

Nature and Incidents of a Partition Suit

The Apex Court in the case namely R. Ramamurthi Iyer vs Raja V. Rajeswara Rao reported as AIR 1973 SC 643 dealt with the law relating to partition i.e. how the nature and incidents a […]
24th Nov, 2014

In cheque dishonor cases there exists a rebuttable presumption of a legally enforceable debt to be proved by Accused

Presumption mandated by Section 139 of the Act includes a presumption that there exists a legally enforceable debt or liability and that is a rebuttable presumption.
24th Nov, 2014

Provisions of SICA, particularly Section 22 prevails over the provisions for recovery of debts in the RDDB Act

SICA aims to revive and rehabilitate not all sick companies but those in the schedule to the IDRA, presumably vital to the economy of the nation
11th Nov, 2014

Impleadment of a subsequent Transferee in a pending suit is not a matter of right

The power of a Court to add a party to a proceeding cannot depend solely on the question whether he has interest in the suit property. The question is whether the right of a person […]
11th Nov, 2014

National Tax Tribunals Act declared unconstitutional

Sections 5, 6, 7, 8 and 13 of the NTT Act were held to be unconstitutional, they since constituting the structure of the NTT Act and without these provisions the remaining provisions becoming ineffective and […]