Articles

6th Jan, 2020

In a suit for recovery, Bank would be entitled to sell the hypothecated vehicle even if the Defendant is ex-parte

The Delhi High Court in the case of M/s ICICI Bank Limited vs Nidhi Sharma (CM (M) 1814/2019) decided on 23.12.2019 held that the Bank would be entitled to sell the hypothecated vehicle where the […]
6th Jan, 2020

Widow remarrying would not dis-entitle her for from claiming compensation under the MV Act

The above-mentioned reasoning was pronounced by the Bombay High Court in the matter of The New India Assurance Co. Ltd. vs. Smt. Sushama Mahendra Sonwane (FA. No. 28929 of 2014) on 20.12.2019. Facts: The Appeal […]
23rd Dec, 2019

The conduct of the majority shareholders to be oppressive requires the events to be considered not in isolation, but as a part of a consecutive story. The acts must be continuous on the part of the majority shareholders, continuing up to the date of filing of the petition.

The National Company Law Appellate Tribunal (hereinafter referred to as “the Tribunal) in the matter of Cyrus Investments Pvt. Ltd. Vs. Tata Sons Ltd. & Anr. (Appeal No. 254/2018), decided on 18.12.2019, has reiterated the […]
23rd Dec, 2019

Supreme Court can dissolve marriage on grounds of ‘Irretrievable breakdown of marriage’

The Supreme Court in the case of “Munish Kakkar vs Nidhi Kakkar” (Civil Appeal No. 9318 of 2014) decided on 17.12.2019 has reiterated its earlier position that in exercise of its inherent powers under Article […]
23rd Dec, 2019

Bank is responsible for refund of amount siphoned out by illegal net banking transaction

Supreme Court in the case of DAV Public School vs The Senior Manager, Indian Bank, Midnapur Branch & Ors. (Civil Appeal No. 9352 of 2019 arising out of SLP(C) No. 3738 of 2019) decided on […]
15th Dec, 2019

Second appeal should not be dismissed on merit for reasons of non-appearance of lawyer

The Supreme Court has held, in the absence of counsel for the appellant, appeal may, if the Court deems fit, be dismissed in default but the same cannot be heard and decided on merits. The […]
15th Dec, 2019

A party upon whom onus lies to prove an issue cannot be permitted to fill lacunae in his own evidence by leading rebuttal evidence under Order XVIII Rule 3 CPC

The Delhi High Court held that if a party fails in leading evidence in the first place and is only trying to fill up lacunae by seeking rebuttal evidence, the same is not permitted.. The […]
15th Dec, 2019

Practice of summoning officers by High Courts who passed order impugned in Writ Petitions wrong

The Supreme Court has disapproved the practice of summoning officers by the High Court while considering the writ petitions which impugns the order passed by the said officers. The said ruling was held in the […]
15th Dec, 2019

Time spend in SARFAESI proceeding can be excluded for computing limitation for proceedings under Insolvency and Bankruptcy Code 2016

Time spent in proceedings pursued under SARFESI, is entitled to be excluded in later proceedings filed under Section 7 of Insolvency and Bankruptcy Code, in terms of Section 14(2) of Limitation Act, 1963. The only […]
9th Dec, 2019

In a case first appeal under Arbitration & Conciliation Act, 1996 disposed of by a Court subordinate to High Court, an article 227 petition should not be entertained.

Supreme Court while upholding the powers of the High Court under Article 226/227 of the Constitution of India has discouraged the use of the same in proceedings challenging  orders passed by civil Court in proceedings […]
9th Dec, 2019

The issue of limitation not to be examined while considering application seeking Appointment of Arbitrator:

The Supreme Court has observed that issue regarding limitation would be decided by the arbitrator under section 16 of the Arbitration and Conciliation Act (hereinafter referred to as Act) and not the High Court at […]
9th Dec, 2019

“Resignation” of an employee results in forfeiture of past service and would not entitle such employee for claiming pension

The Court further held that “resignation” has the effect of termination of an employee and entails consequences different from that of “voluntary retirement” and pension cannot be claimed in the former case. The above ratio […]