Articles

29th Apr, 2024

Power of Attorney holder can only depose about facts which are within his/her personal knowledge

The Hon’ble Apex Court vide its judgment dated 10.04.2024 in the case of “Manisha Mahendra Gala & Ors. vs. Shalini Bhagwan Avatramani & Ors., 2024 INSC 293” had the occasion to deal with whether power […]

29th Apr, 2024

The Hon’ble Allahabad High Court vide its judgment dated 15.03.2024 in the case of “Jay Prakash & Anr. Vs. Anjula Singh Mahaur & Anr.” had the occasion to deal with whether the provisions of the […]

29th Apr, 2024

Joint Written Statement cannot be amended by a defendant unless all other defendants provide their express consent.

In the matter of Smt. Chanda Kedia & Anr vs Dwarika Prasad Kedia & Anr, matters under Article 227 No. 9337 of 2023 decided by the Hon’ble High Court of Allahabad on 16.04.2024 FACTS: […]

25th Apr, 2024

If it is found that the writ petitioner is guilty of delay and latches, the High Court ought to dismiss the petition on that sole ground itself.

In the matter of Mrinmoy Maity vs. Chhanda Koley & Ors, Civil Appeal No. 5027/2024 decided by Hon’ble Supreme Court of India on 18.04.2024. Facts of the case– An advertisement calling for application […]

25th Apr, 2024

When a defect in the jurisdiction of the arbitrator exists, the award can be challenged at any stage.

In the matter of Telecommunication consultants India Ltd vs Shivaa Trading O.M.P. (Comm) 311/2022 decided by the Hon’ble High Court of Delhi on 09.04.2024 FACTS: The petitioner and the respondent entered into a […]

25th Apr, 2024

Section 11(6), Arbitration Act and its limitation as per Limitation Act: A legislative vacuum

In a judgment decided on 01.03.2024 titled M/s Arif Azim Co Ltd v. M/S Aptech Ltd, the Hon’ble Supreme Court has dwelled into the aspect of limitation regarding appointment of Arbitrator. The basic premise […]

19th Apr, 2024

Co-Defendants in a suit cannot file counter claim against each other, must file separate suit

In the matter of Arvind Kumar vs Trilok Kumar Misc Petition 2480 of 2021 decided by the Hon’ble High Court of Madhya Pradesh on 12.03.2024. FACTS: The present petition was filed by the Petitioner […]

19th Apr, 2024

Delay should not be excused as matter of generosity; Party must prove that they were reasonably diligent in prosecuting the matter.

In the matter of Union of India &Anr. Versus Jahangir Byramji Jeejeebhoy (D) Through his LR decided by the Hon’ble Supreme Court on 03.04.2024 Facts A civil suit for possession was passed against the […]

19th Apr, 2024

Courts are empowered to exercise discretion to condone delay if sufficient cause had been explained, but that exercise of power is discretionary in nature.

In the matter of Pathapati Subba Reddy (died) by LR’S and Ors. Versus Special Deputy Collector (LA) Facts Appellants preferred a reference against acquisition of subject land for not being satisfied with the compensation […]

19th Apr, 2024

Non-disclosure of each and every asset owned by a candidate, in their nomination papers, would not amount to a defect, much less, a defect of a substantial character.

In the matter of Karikho Kri vs. Nuney Tayang & Ors., CA No. 4615/2023 decided by the Hon’ble Supreme Court on 09.04.2024. Facts of the case– The election of the returned candidate (Petitioner […]

19th Apr, 2024

Provisions of Section 10 of the General Clauses Act is not applicable to the condonable period of 30 days provided under Section 34(3) of the A&C Act

In the matter of Mypreferred Transformation and Hospitality Pvt. Ltd. Vs. Faridabad Implements Pvt. Ltd., FAO (OS) (COMM) 67/2023 decided by the Hon’ble Delhi High Court on 03.04.2024. Facts of the case– The Appellant had […]

27th Mar, 2024

Party claiming ownership rights in a property by way of adverse possession must know who the actual owner of the property is.

In the matter of Sh. M. Radheshyamlal vs. V Sandhya and Anr., Civil Appeal No 4322-2324 of 2024, decided by the Hon’ble Supreme Court of India on 18.03.2024. Facts of the case– The original owner […]

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