Supreme Court

24th Nov, 2013

Sale of Minor’s property cannot be done without obtaining the prior permission of the Court.

In view of the provisions of Section 8(2) of the Hindu Minority and Guardianship Act, 1956 one cannot mortgage or charge, or transfer by sale, gift of the minor’s property without taking prior permission of […]
20th Nov, 2013

Medical Doctors are not workmen

Medical Doctors discharging functions of medical officersare not “workmen” within the meaning of expression contained in Section 2(s) of the Industrial Disputes Act, 1947
29th Oct, 2013

Jurisdiction of Civil Court vis-à-vis Scope of Section 34 of the SARFESI

A Civil Court has no jurisdiction to entertain any suit or proceedings in respect of matters falling under Section 13(4) of the Securitisation Act as such matters comes under the jurisdiction of the DRT and […]
26th Oct, 2013

Date on which cause of action arose for filing complaint for dishonour of cheque is to be excluded for the purposes of limitation

While calculating the period of one month as prescribed under Section 142(b) of the Negotiable Instruments Act, 1881 for filing a criminal complaint on the ground of dishonour of cheque, the period is to be […]
23rd Oct, 2013

Hospital vicariously liable for its doctors and their conduct – whether on the panel of hospital or associated as visiting doctors.

Right to Health of a citizen is a fundamental right as guaranteed under Article 21 of the Constitution of India.
16th Oct, 2013

Dishonour of Cheques-Vicarious liability of Directors

The Hon’ble Supreme Court in a matter dealt with the issue of vicarious liability of Directors in the offence of dishonour of cheque.
8th Oct, 2013

Income does not accrue in the year of export but in the year in which imports are made

The income accrues when there “arises a corresponding liability of the other party from whom the income becomes due to pay that amount
7th Oct, 2013

Courts while adjudicating issue relating to dishonour of cheque cannot impose compensation/ fine more than twice the cheque amount

Under Section 138 of the Negotiable Instruments Act, 1881, while dealing with the offence of dishonor of cheque, recovery of the amount payable under the instrument, power to levy fine is restricted to twice the […]
26th Sep, 2013

A Consumer Court has no jurisdiction to entertain complaint seeking specific performance of agreement.

A Consumer Court has no jurisdiction to entertain complaint seeking specific performance of agreement. The jurisdiction rest with the Civil Court only.
12th Sep, 2013

Unnecessary adjournments must not be granted by the DRT

Debt Recovery Tribunal(s) are constituted to ensure expeditious disposal of controversies/ issues between the banks and borrowers in the larger public interest.
11th Sep, 2013

Right or Interest to occupy is a Species of Property and is not barred from transferability

A question arose before the Apex Court as to whether the property mortgaged to a Bank by shareholder of a Company can be attached and sold in execution of a decree obtained by Bank
27th Aug, 2013

Assessing Officers are empowered to call for general particulars in the nature of survey to check evasion of tax effectively.

What is the nature of enquiry within the meaning of Section 133(6) of the Income Tax Act, 1961 was the question that arose for consideration before the Apex Court.