Case Analysis

28th Feb, 2024

Single complaint is maintainable even for multiple dishonour of cheques under Negotiable Instruments Act, 1881 when cause of action is the same.

In the matter of A Adinarayana Reddy vs S. Vijaylakshmi & Anr Criminal Petition No. 5909 of 2023 decided by the Hon’ble High Court of Karnataka on 05.02.2024 FACTS: The present Petition was filed […]

28th Feb, 2024

No need for notice to invoke fresh arbitration under Section 21 of the Arbitration and Conciliation Act, 1996 where analogous arbitral proceedings pending

In the matter of Prime Interglobe Private Limited vs Super Milk Products Private Limited (ARB. P. 337/2023) decided by the Hon’ble Delhi High Court on 12.12.2023 FACTS: The matter pertained to disputes arising from […]

18th Feb, 2024

Fraud not being arbitrable due to complexity of evidence is an archaic view and has now become obsolete in view of the contemporary arbitration practice.

In the matter of Nilesh Shejwal vs. Agrowon Agrotech Industries Pvt. Ltd., Commercial Arbitration Petition No. 14/2022 decided by the Hon’ble Bombay High Court on 05.01.2024. Facts of the case– The Respondent terminated […]

18th Feb, 2024

Retweeting defamatory content is “publication” and may invite defamation

In the matter of Arvind Kejriwal vs State and Anr. (Crl. MC. 6347/2019) decided by the Hon’ble High Court of Delhi on 05.02.2024 FACTS: A video was uploaded on YouTube by one Sh. Dhruv […]

13th Feb, 2024

Disputed questions of facts cannot be adjudicated under Section 11(6) of A&C Act

The Hon’ble Allahabad High Court vide its judgment dated 19.01.2024 in the matter of “M/s. Neelkanth Construction vs. Union of India & Ors.” had the occasion to deal with whether disputed or debatable questions […]

13th Feb, 2024

Individual / minority members of a Co-operative housing society cannot invoke arbitration clause in a development agreement.

In the matter of Ketan Champaklal Divecha vs. DGS Township Pvt. Ltd. & Anr., Arbitration Application (L) No. 21860/2023 decided by Hon’ble Bombay High Court on 02.01.2024. Facts of the case– A development agreement was […]

13th Feb, 2024

Children cannot claim any legal right over the property of a Parent during their lifetime.

In the matter of Dinesh Bhanudas Chandanshive vs The State of Maharshtra & Ors in WP(C) 7392 OF 2021 decided on 30.01.2024 by the Division bench of the Hon’ble High Court of Bombay FACTS: […]

5th Feb, 2024

Mandatory Injunction Not ‘Consequential’ To Relief of Declaration, separate court Fee payable by plaintiff

In the matter of Bhagwanlal Sharma vs Government Kamla Nehru Kanya Uchchatar Mahavidalaya & Ors Misc Petition no. 2306 of 2023 decided on 24.01.2024 by The Hon’ble High Court of Madhya Pradesh Facts: In the […]

2nd Feb, 2024

Mere non-filing of Written Statement will not entitle a decree under Order VIII Rule 10 CPC

In the matter of Asma Lateef & Anr. Vs. Shabbir Ahmad & Ors. Civil Appeal No. 9695/2013 decided by Hon’ble Supreme Court of India on 12.01.2024. The facts of the case and issue on maintainability […]

2nd Feb, 2024

Group of Companies doctrine cannot be invoked to implead non-signatory directors of a company in an arbitration proceeding

In the matter of Vingro Developers Private Limited vs. Nitya Shree Developers Private Limited through its Principal Officer & Ors., (ARB. P. 667 of 2023) decided by the Hon’ble Delhi High Court on 24.01.2024. FACTS: […]

2nd Feb, 2024

Pre-Arbitral steps cannot be insisted on after termination of a contract

The Hon’ble Delhi High Court vide its judgment dated 10.01.2024 in the matter of “Mr. Gajendra Mishra vs. Pokhrama Foundation & Anr.” had the occasion to deal with whether a party can insist on resorting […]

28th Jan, 2024

The party relying on misrepresentation, fraud, undue influence, etc. has to give the particulars in the complaint for the Court to disregard a Will

In the matter of Premakumari. R. V. O.K. Sivasankara Pillai; decided on 04.01.2024 by the Hon’ble High Court of Kerala; RFA No. 197 of 2013 FACTS This appeal arises from the judgment and decree dated […]

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