Case Analysis
22nd Jul, 2014
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
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
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 […]
10th Jul, 2014
The question before the Bombay High Court was whether relinqushment deed requires registration
10th Jul, 2014
The issue before Court in the present appeal was of the maintainability of a writ petition under Article 226 of the Constitution of India against the order of the Competition Appellate Tribunal (Tribunal), otherwise is […]
10th Jul, 2014
Bank guarantee is absolute and unequivocal. There are only two exceptions to this rule. First, when there is a clear fraud of an egregious nature about which bank has notice. Second, is irretrievable injury which, […]
10th Jul, 2014
The Supreme Court was called upon to answer a question whether Dar-ul-Qaza is a parallel court and ‘Fatwa’ has any legal status.
10th Jul, 2014
Supreme Court in a recent judgement made arrest difficult in the matrimonial disputes to avoid abuse of penal provisions under Section 498A IPC and Dowry Prohibition Act
30th Jun, 2014
The irresistible conclusion for maintaining the prosecution under Section 141 of the Act, arraigning of a company as an accused is imperative. The other categories of offenders can only be brought in the dragnet on […]
30th Jun, 2014
An implied promise to pay inferred from an acknowledgment could not be made the basis of the suit to recover a debt barred at the time of the acknowledgment unless it is express
30th Jun, 2014
The presumption under Section 114(f) of the Evidence Act read with Section 27 of the General Clauses Act is rebuttable on a consideration of evidence of flawless character
30th Jun, 2014
The Court’s jurisdiction to arrest a ship in an action in rem should not be exercised for the purpose of providing security of an award, which may be made in arbitration proceedings