Supreme Court

2nd Apr, 2014

In case of illegal collection of tax, it is obligatory on the part of revenue to refund money with interest

The issue before the Apex Court was whether the revenue is legally responsible under Section 244A of the Income Tax Act, 1961 (Act) for payment of interest on the refund of tax made to the […]
2nd Apr, 2014

Delay in delivery of possession and defective construction in the flat makes builder liable to pay compensation #Compensation

In the judgment as passed by the Supreme Court in Lucknow Development Authority vs. M.K. Gupta [Dated 05.11.1993, reported as AIR 1994 SC 787 = 1994 SCC (1) 243] the Court dealt with the issues […]
2nd Apr, 2014

Meaning of “readiness and willingness” in a suit for specific performance #indianlaws

Two issues were posed before the Apex Court for adjudication, firstly, the jurisdiction of High Court while entertaining the Second Appeal, and secondly, meaning of the expression readiness and willingness a suit for specific performance. […]
2nd Apr, 2014

Burden of proof of proving that any property has not been partitioned lies on the party alleging it

There is a presumption that until the contrary is proved, every Hindu family is joint and undivided and all its property is Joint
27th Feb, 2014

What Constitutes Mental Cruelty in a Matrimonial Proceeding? #indianlaws

There cannot be any comprehensive definition of the concept of ‘mental Cruelty’ within which all kinds of cases of mental cruelty can be covered. An attempt is however made to incorporate certain tests which would […]
27th Feb, 2014

Restriction on sale of shares of public limited company

Certain restrictions are imposed on sale of shares of public limited companies under the purview of Securities Contracts (Regulation) Act, 1956 (hereinafter referred to as Regulation Act). They could not be sold through private arrangement […]
27th Feb, 2014

Power of Attorney Sales

The `Power of Attorney Sales’ as a method of `transfer’ was evolved by lawyers and document writers in Delhi, to overcome certain restrictions on transfer of flats by the Delhi Development Authority (for short `DDA’).
27th Feb, 2014

Model Residential Tenancy Act, 2011

The Hon’ble Supreme Court in a Judgment passed in the month of May, 2011 has expressed deep anguish over the abuse of the rent control legislation and the pendency of litigation in the landlord-tenant disputes.
27th Feb, 2014

Greater Noida Fiasco- A conflict between Farmers, Government, Builders and Consumers.

Real estate Industry, very recently, suffered a set back wherein the Hon’ble Supreme Court in the matter of Greater Noida Industrial Development Authority VsDevender Kumar set aside the acquisition of land situated in a village […]
27th Feb, 2014

Family Settlement and Partition deed- A thin line of difference

There is often a confusion while seeking partition of properties amongst Hindu families, whether parties should opt for a partition deed or a family settlement.
27th Feb, 2014

Criminal liability for dishonour of cheques under Section 138 of Negotiable Instruments Act.

It is only the “drawer” of the cheque who can be made liable for the penal action under the provisions of the N.I. Act and as law is well settled, a strict interpretation is required […]
21st Feb, 2014

Challenging the orders of Subordinate Courts under Article 226 and 227 of the Constitution of India

The writ jurisdiction of the High Court under Article 226 and 227 of the Constitution of India is a very effective and powerful remedy available in law