Articles

4th Mar, 2020

Where a time has been prescribed under a statute and discretion has not been granted to extend the time then the Officer would have no authority to either extend the time for deposit, or to entertain the application for setting aside the sale not supported by deposit

The Supreme Court in the matter of Narayan Yadav vs The State of Bihar (Civil Appeal No.9173 OF 2010) on 25.02.2020 held that in absence of any power conferred under Section 28 of Bihar & […]
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4th Mar, 2020

In commercial suits, limitation of 120 days is applicable to file Section 8 of the Arbitration and Conciliation Act, 1996

The Delhi High Court in the matter of SSIPL Lifestyle Private Limited vs. Vama Apparels (India) Private Limited in CS(COMM) 735/2018 decided on 19.02.2020 held that in a commercial suit, the mandatory period of limitation […]
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4th Mar, 2020

Suits with the basic relief of challenging the decree passed by the Debts Recovery Tribunal are not maintainable

The Supreme Court in the matter of Canara Bank vs P. Sekathal & Ors., decided on 28.02.2020 has observed that the suits with the basic relief of challenging the decree passed by the Debts Recovery […]
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4th Mar, 2020

In a petition under section 14 (1) (e) of Delhi Rent Control Act, 1958, the Landlord can choose from his properties where he intends to carry on business.

The Hon’ble High Court of Delhi, in the case of Satish Kumar & Anr. vs Kanwar Raj Singh (RC .REV. 571/2015) on 25.02.2020 held that it is the primary duty of the Petitioner to intimate […]
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24th Feb, 2020

Presumption available under Section 139 of the Negotiable Instruments Act, 1881 has to be rebutted only at the stage of leading evidence and not at the stage of taking cognizance

The Apex Court in the matter of Shiv Kumar Alias Jawahar Saraf vs Ramavtar Agarawal (Cr. App. No. 1688 of 2017) decided on 19.02.2020 upheld the order of the High Court which stated that the […]
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24th Feb, 2020

An election cannot be challenged in a writ petition under Article 226 but only by way of an election petition

The Supreme Court in the matter of Gulabrao Ananda Patil vs. State of Maharashtra in Civil Appeal No. 1623 OF 2020 (Arising out of SLP (Civil) NO. 20814 OF 2019) decided on 14.02.2020 held that […]
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24th Feb, 2020

In the absence of entry in the revenue record, which is expected to contain the entry of rent and possession, the tenancy cannot be treated to be in existence only on the basis of oral evidence of the witnesses examined by the defendant

The Supreme Court in the matter of Shri Partap Singh vs Shiv Ram (Civil Appeal No. 1511 of 2020) decided on 20.02.20 held that although oral evidence can always be adduced contrary to the revenue […]
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24th Feb, 2020

Marriage contracted during pendency of appeal from a divorce decree filed after expiry of limitation period, is not void

The Supreme Court in the matter of Krishnaveni Rai vs. Pankaj Rai & Anr. (Criminal Appeal No. 321 of 2020), decided on 19.02.2020 has observed that a marriage contracted during the pendency of an appeal […]
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24th Feb, 2020

The right of pre-emption does not accrue on a transfer of the property to any person who has an inferior right of pre-emption.

The Supreme Court in the case of Suresh Chand and Anr. vs. Suresh Chander (D) (Civil Appeal No 482 of 2020, arising out of SLP(C) No. 11551 of 2011) on 19.02.2020 opined that the plaintiff […]
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19th Feb, 2020

When a lease deed or any other instrument is relied upon as containing the arbitration agreement, the Court is required to consider at the outset, whether the document is properly stamped or not.

The Supreme Court in the matter of M/s Dharmaratnakara Rai Bahadur Arcot Narainswamy Mudaliar Chattram & other Charities & Ors. Vs. M/s Bhaskar Raju & Brother & Ors. Civil Appeal No.1599 Of 2020 (Arising out […]
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19th Feb, 2020

A condition of a gift deed restricting alienation of property by the donee is hit by Section 10 of Transfer of Property Act, 1882 and is void

The Supreme Court in the matter of Sridhar vs. N. Revanna in Civil Appeal No. 1209 of 2020 decided on 11.02.2020 reinforced that no condition can be imposed absolutely on the right of a transferee […]
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19th Feb, 2020

Corporate Insolvency Resolution Process against a real estate company is limited to project concerned and will not affect other projects

The National Company Law Appellate Tribunal in the matter of Flat Buyers Association Winter Hills vs M/s Umang Realtech Pvt. Ltd. through IRP (CA AT (Insolvency) No. 926 of 2019) decided on 11.02.2020 has held […]
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