Supreme Court

11th Nov, 2014

Party while seeking relief under Specific Relief Act must prove and establish the necessary ingredients of claim

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 […]
3rd Nov, 2014

Tests to ascertain the genuineness of the Will

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 […]
3rd Nov, 2014

Mere proof of “unfair trade practice” is not enough to seek punitive damages unless causing of loss is also established

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 […]
3rd Nov, 2014

Complaint under Section 138 N I Act against a Director may be quashed, if the High Court finds no specific allegations against the Directors.

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 […]
3rd Nov, 2014

Acquisition proceedings shall lapse under LA ACT 2013 even if proceedings were stayed by the Court #indianlaws

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 […]
10th Oct, 2014

Complaint for dishonour of cheque could be filed through the Power of Attorney #indianlaws

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 […]
28th Sep, 2014

Application of doctrine of promissory estoppel against State #indianlaws

 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 […]
28th Sep, 2014

A decree for specific performance of an agreement to sell cannot be reversed on the ground of rise in price #indianlaws

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 […]
28th Sep, 2014

Arbitrator cannot parties to act on a substituted contract-same shall be illegal or erroneous #indianlaws

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 […]
28th Sep, 2014

How to prove Emails and other Electornic Records in Court #indianlaws

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 […]
28th Sep, 2014

Pre-mature filing of complaint under Section 138 N I Act is liable to be dismissed #indianlaws

 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 […]
24th Sep, 2014

Termination of tenancy under Section 106 TPA not necessary for State Rent Contol legislations #indianlaws

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 […]