Articles

19th Feb, 2020

Presumption under Section 139 of the Negotiable Instrument Act is rebuttable by leading evidence

The Supreme Court in the case of APS Forex Services Pvt. Ltd. vs. Shakti International Fashion Linkers & Ors. (Criminal Appeal No. 271 Of 2020) on 14.02.2020 held that in absence of further evidence to […]
10th Feb, 2020

Compromise decree requires registration if it deals with property that is not the subject-matter of the suit under Section 17(2)(vi) of Registration Act, 1908.

The Apex Court in the matter of Mohd Yusuf & Ors. vs. Rajkumar & Ors. (Civil Appeal No. 800/2020) decided on 05.02.2020, pronounced the above-mentioned reasoning. Facts: The appeal was filed against the judgment of […]
10th Feb, 2020

Non-production of cash and accounts book is not fatal to a proceeding under Section 138 of the Negotiable Instruments Act

The Supreme Court in the matter of D.K. Chandel vs. M/s Wockhardt Ltd. & Anr., Criminal Appeal Nos. 132 of 2020 on 04.02.2020 held that a statutory presumption is raised in favour of a holder […]
10th Feb, 2020

In a suit for Specific Performance, mere plea of the Plaintiff that he’s ready to pay the consideration, without any material cannot be accepted.

The Supreme Court in the case of C.S. Venkatesh vs. A.S.C. Murthy (Civil Appeal No. 8425 of 2009) on 07.02.2020 opined that mere plea that the plaintiff is ready to pay the consideration, without any […]
10th Feb, 2020

Beneficiaries of Insurance policy are ‘consumers’ even if they are not parties to contract of insurance

The Supreme Court in the matter of Canara Bank vs United Indian Insurance Corporation (Civil Appeal No. 1042 of 2020), decided on 06.02.2020 observed that the beneficiaries of the policy taken out by the insured […]
3rd Feb, 2020

Section 92 of the Code of Civil Procedure 1908 would not be applicable in a suit by a Trust.

The Supreme Court in the matter of Ghat Talab Kaulan Wala vs. Baba Gopal Das Chela Sruti Dass (Through LR) (Civil Appeal No. 724/2020) decided on 31.01.2020 held that Section 92 of CPC contemplates a […]
3rd Feb, 2020

A Court of civil jurisdiction cannot pass an order of stay of proceedings pending before a Criminal Court /Tribunal/adjudicatory body

The Delhi High Court in the matter of Harinder Singh Kochar vs. Blue Coast Infrastructure, FAO (OS) 8/2020 and CM APPL. 3425/2020 decided on 28.01.2020 held that a civil court cannot be permitted to pass […]
3rd Feb, 2020

Unequivocal statements made by counsel will be binding on clients

The Supreme Court in the matter of Om Kumar vs. Suresh Kumar (Civil Appeals No. 833-834 of 2020), decided on 30.01.2020 has observed that unequivocal statements made by counsel will be binding on their clients. […]
3rd Feb, 2020

A petition under section 14(1) of Companies Act can only be entertained after expiry of three months from the date of passing of Special Resolution

The National Company Law Appellate Tribunal, New Delhi in the case of M/s. Medeor Hospitals Limited (formerly known as Rockland Hospital Ltd) vs Registrar of Companies, Delhi (Company Appeal (AT) No. 394 of 2018) on […]
27th Jan, 2020

Appellate court cannot act as an appellate court in revision proceedings

The Supreme Court of India in the matter of Varadrajan vs. Kanakavali & Ors. (Civil Appeal No. 5673/2009) dated 22.01.2020 reiterated that an order passed by a subordinate court can be interfered with only if […]
27th Jan, 2020

Delay in intimating the insurance company about the theft of the vehicle cannot be ground to repudiate the insurance claim

The Supreme Court in the matter of Gurshinder Singh vs. Shriram General Insurance Co. Ltd. being Civil Appeal No. 653 of 2020 decided on 24.01.2020 held that denying the claim merely on the ground that […]
27th Jan, 2020

Under the Land Acquisition Act, Interest awarded under Section 34 is to be calculated from the date of award and not from the date of notification.

The Supreme Court in the case of Chanabasappa vs Karnataka Neeravari Nigam Ltd. & Anr (Civil Appeal no. 475 of 2020, Arising out of S.L.P. (Civil) No. 29148 of 2016) decided on 21.01.2020 held that […]