Articles

16th Nov, 2020

Any clause in an agreement, that requires one of the contracting parties to make a deposit of amount as a precondition for invoking the arbitration, has to be seen as rendering the entire clause arbitrary, being not only excessive or disproportionate but leading to a wholly unjust situation in arbitration proceedings

Kerala High Court on 28.10.2020 in the matter of Lite Bite Foods Pvt. Ltd. Vs. Airports Authority Of India, reiterated the law declared by the Supreme Court in ICOMM Tele Ltd. v. Punjab State Water […]
9th Nov, 2020

Neither Section 14 nor Section 31 of the IB Code place any fetters on Banks/Financial Institutions from initiation and continuation of the proceedings against the guarantor for recovering their dues

A Division Bench of the Delhi High Court on 02.11.2020 in the matter of Kiran Gupta Vs. State Bank of India & Anr., referred to the judgment of Hon’ble Apex Court in the matter of […]
20th Oct, 2020

Right of pre-emption is a very weak right and is only exercisable for the first time when the cause of such a right arises.

Hon’ble Supreme Court in the matter of Raghunath (D) By Lrs. Vs. Radha Mohan (D) Thr. Lrs & Ors on 13.10.2020 held that the right of pre-emption is a very weak right and is only […]
16th Oct, 2020

SLP is not maintainable against an order rejecting the review petition when main judgment is not under challenge

The SC in T.K. David v. Kuruppampady Service Co-operative Bank Ltd. decided on 05.10.2020 has reiterated that when the main judgment of the High Court has not been challenged, no relief can be granted by […]
12th Oct, 2020

Application made at the appellate stage to withdraw the suit cannot be allowed by the court if granting such permission would have the effect of depriving or destroying or nullifying or annulling any right which has come to be vested with the defendant under the decree

Kerala High Court on 05.10.2020 in the matter of Sabu Issac Vs. Antony Chacko in OP (C). No. 123/2020 and OP (C). No. 173/2020 held that “an application made at the appellate stage to withdraw […]
29th Sep, 2020

Central Pollution Control Board (CPCB) can consider ordering environmental audit against the corporate giants like Amazon, Flipkart, Coca Cola India, Bisleri International, etc., and assess and recover compensation for violation of environmental norms

The Principal Bench of National Green Tribunal, New Delhi on 10.09.2020 in the matter of Aditya Dubey (Minor) Vs. Amazon Retail India Private Limited & Ors. O.A No. 28/2020, held that Central Pollution Control Board […]
26th Sep, 2020

Unmarried daughter who is unable to maintain herself can claim maintenance from her father till she is married relying on Section 20(3) of HAMA, 1956.

Supreme Court on 15.09.2020 in the matter of Abhilasha Vs. Parkash Cr. Appeal No. 615/2020, has held that an unmarried daughter who is unable to maintain herself can claim maintenance from her father till she […]
7th Sep, 2020

For determining the pecuniary jurisdiction of the District Commission, State Commission or National Commission the value of the goods or services “paid as consideration” alone has to be taken and not the value of the goods or services purchased/ taken.

NCDRC in a matter titled M/s Pyaridevi Chabiraj Steels Pvt. Ltd Vs. National Insurance Company Ltd. and Ors on 28.08.2020 held that for determining the pecuniary jurisdiction of the District Commission, State Commission or National […]
25th Aug, 2020

NCLAT upholds the order of NCLT rejecting the application u/s 9 of IBC against TATA Chemicals Ltd.

National Company Law Appellate Tribunal on 11.08.2020 upheld the decision of NCLT, Mumbai bench dated 15.11.2019 of dismissing the application filed u/s 9 of IBC 2016 against Tata Chemicals in the matter of M/s Allied […]
13th Aug, 2020

Interpretation of Section 57 of Transfer of Property Act, 1882

The Kerala High Court while pronouncing a judgment in the matter of M.P Varghese Vs. Annamma Yacob & Anr., MFA No. 47/2020 on 05.08.2020, observed that- “The purpose of Section 57 of the TP Act […]
2nd Aug, 2020

Consumer Protection Act, 2019 – at a glance

I. Consumer Protection Act, 2019- The new Consumer Protection Act, 2019 has come into force on 20th July, 2020. The key features include: • Broadening of the definition of Consumer by including any person who […]
2nd Aug, 2020

SC directs NCDRC to pronounce judgment in a matter which was “reserved for judgment” from 24 October 2019

In an order dated 29.07.2020, the Supreme Court of India directed Hon’ble National Consumer Disputes Redressal Commission to take necessary steps for the pronouncement of judgment expeditiously in EA No. 281/2018 wherein the matter was […]