Case Analysis
23rd Dec, 2019
The Supreme Court in the case of “Munish Kakkar vs Nidhi Kakkar” (Civil Appeal No. 9318 of 2014) decided on 17.12.2019 has reiterated its earlier position that in exercise of its inherent powers under Article […]
23rd Dec, 2019
Supreme Court in the case of DAV Public School vs The Senior Manager, Indian Bank, Midnapur Branch & Ors. (Civil Appeal No. 9352 of 2019 arising out of SLP(C) No. 3738 of 2019) decided on […]
15th Dec, 2019
The Supreme Court has held, in the absence of counsel for the appellant, appeal may, if the Court deems fit, be dismissed in default but the same cannot be heard and decided on merits. The […]
15th Dec, 2019
The Delhi High Court held that if a party fails in leading evidence in the first place and is only trying to fill up lacunae by seeking rebuttal evidence, the same is not permitted.. The […]
15th Dec, 2019
The Supreme Court has disapproved the practice of summoning officers by the High Court while considering the writ petitions which impugns the order passed by the said officers. The said ruling was held in the […]
15th Dec, 2019
Time spent in proceedings pursued under SARFESI, is entitled to be excluded in later proceedings filed under Section 7 of Insolvency and Bankruptcy Code, in terms of Section 14(2) of Limitation Act, 1963. The only […]
9th Dec, 2019
Supreme Court while upholding the powers of the High Court under Article 226/227 of the Constitution of India has discouraged the use of the same in proceedings challenging orders passed by civil Court in proceedings […]
9th Dec, 2019
The Supreme Court has observed that issue regarding limitation would be decided by the arbitrator under section 16 of the Arbitration and Conciliation Act (hereinafter referred to as Act) and not the High Court at […]
9th Dec, 2019
The Court further held that “resignation” has the effect of termination of an employee and entails consequences different from that of “voluntary retirement” and pension cannot be claimed in the former case. The above ratio […]
27th Nov, 2019
The Court further held that both the remedies could be pursued simultaneously however, if an appeal is dismissed earlier then an application under Order IX Rule 13 is rendered not maintainable. The above ratio was […]
27th Nov, 2019
The Supreme Court has held that a Court can exercise its discretion and permit the filing of a counterclaim after the written statement till the stages of framing of issues of the trial. It […]
21st Nov, 2019
The Supreme Court of India delivered the above-mentioned judgment in Taj Mahal Hotels v United India Insurance Company Ltd & Ors [C.P. (W) 8611/2019), decided on 14.11.2019. Issues: Following issues were raised before […]