Supreme Court

21st Aug, 2014

A hand written note intimating about dishonour of cheque satisfying all mandatory requirements is a valid legal notice #indianlaws

Hand written note about dishonour of cheque can be considered a notice under Section 138
11th Aug, 2014

Constitutionality of a Parliamentary Act not always maintainable before Delhi merely because it is the seat of Union of India #indianlaws

Passing of legislation by itself do not confer any such right to file a writ petition unless a cause of action arises therefor. A distinction between a legislation and executive action should be borne in […]
11th Aug, 2014

Essentials of show cause notice and procedure in case of blacklisting of a vendor #indianlaws

A show cause notice must precede blacklisting, stipulating grounds of proposed action and resultant penalty
11th Aug, 2014

law relating to jurisdiction of presenting complaint under Section 138 N I Act revised again. #indianlaws

Cheque dishonor complaint to be filed before the Court within whose territorial jurisdiction cheque drawn was dishonored
31st Jul, 2014

Where time not the essence of contract, Parties thereto must perform their part within a reasonable time #indianlaws

The legal position suggests that in the case of agreement of sale relating to immovable property, time is not of the essence of the contract unless specifically provided to that effect. However, this does not […]
31st Jul, 2014

Husband is obliged to see that his wife does not become a destitute, a beggar #indianlaws

if the husband is required to earn money with physical labour, if he is able bodied. There is no escape route from payment of maintenance, unless there is an order from the Court that the […]
31st Jul, 2014

Investor has to be cautious- expected returns may be far below the expectation #indianlaws

All investments were subject to markets risks and fluctuations and an investor has to exercise due caution while investing any amount in any Scheme. Simply, because the maturity amount is below their expectations they cannot […]
22nd Jul, 2014

Law relating to drafting an agreement-It should be is clear, simple and straight forward #indianlaws

These days with the use of computers and user friendly editing procedures like cut and paste facilities, the text is sourced and added hoping the same to be appropriate to the work to avoid redundancy, […]
22nd Jul, 2014

Condition of pre-deposit for entertaining appeal has no nexus with the order of stay #indianlaws

 A pre-deposit condition to deposit the amount being condition precedent for entertaining appeal, has no nexus with the order of stay, as such an order may or may not be passed by the National Commission. […]
22nd Jul, 2014

Arbitration and Conciliation Act, 1996 not applicable to arbitrate disputes between licensees and generating companies #indianlaws

The Supreme Court relying on the settled principle held that the special law overrides the general law and accordingly, Section 11 of the Arbitration and Conciliation Act, 1996 would have no application to the question […]
22nd Jul, 2014

Bank cannot recover the money from the account holder wrongly credited to the account #indianlaws

The Court while making reference to Section 72 of the Indian Contract Act mentioned that the Bank does have a right to recover the money paid under a mistake. In the instant case, however, under […]
10th Jul, 2014

Law relating to act of blacklisting any person in respect of business ventures #indianlaws

In the judgment as passed by Supreme Court in the matter namely M/s. Southern Painters Vs. Fertilizers & Chemicals Travancore Ltd. and another, decided on 10.09.1993 (reported as AIR 1994 SC 1277 = 1994Supp(2)SCC699), dealt […]