Section 20 of the Specific Relief Act specifically provides that Court’s discretion to grant decree of specific performance is discretionary but not arbitrary and this discretion must be exercised in accordance with sound and reasonable […]
The Apex Court in the matter namely H. Venkatachala Iyengar vs. B.N. Thimmajamma & Ors. [AIR 1959 SC 443] dealt with an interesting and important question i.e. what is the true legal position in […]
Mere proof of “unfair trade practice” is not enough for claim or award of relief unless causing of loss is also established. Punitive damages are awarded against a conscious wrong doing unrelated to the actual loss […]
Where on an overall reading of the complaint under Section 138 N I Act, the High Court may quash the Complaint against the Director in the absence of more particularls about role of the Director […]
As per Section 24 of the L A ACT 2013 it is clear that Section 24(2) of the 2013 Act does not exclude any period during which the land acquisition proceeding might have remained stayed […]
In the light of section 145 of NI Act, it is open to the Magistrate to rely upon the verification in the form of affidavit filed by the complainant in support of the complaint under […]
A party acting in reliance on a promise made by the Government if has altered his position, is entitled to enforce the promise against the Government, even though the promise is not in the form […]
Rise in price is a normal change of circumstances and, therefore, on that ground a decree for specific performance cannot be reversed. However, the court may take notice of the fact of increase in prices […]
When parties have arrived at a concluded contract and acted on the basis of those terms and conditions of the contract then substituting new terms in the contract by the Arbitrator or by the Court […]
Proof of electronic record is a special provision introduced by the IT Act amending various provisions under the Evidence Act and these special provisions on evidence relating to electronic record would be governed by the […]
Any complaint before the expiry of 15 days from the date on which the notice has been served on the drawer/accused is no complaint at all in the eye of law. It is not the […]
The theory of double protection or additional protection has been stretched too far and without a proper and due consideration of all its remifications.It was accordingly held that no notice to quit is necessary under […]