Articles

16th Sep, 2019

Suit for Specific performance can be refused for non- compliance of an essential promise in contract

The Supreme Court held that a party who does not perform one of the essential promises in a contract is not entitled to discretionary relief of specific performance of the very contract. The said judgment […]
14th Sep, 2019

A mere contemplation or possibility that a right may be infringed without any legitimate basis for the right, would not be sufficient to hold that the plaint discloses a cause of action.

Cause of action requires infringement of the right or breach of an obligation and comprises of all material facts on which the right and claim for the breach is founded, that is, some act done […]
13th Sep, 2019

A wrongful act which causes an injury which is complete is not a continuing wrong for the purpose of Section 23 of the Limitation Act even though the damage resulting from the act may continue

The Supreme Court reiterated that S.23 refers not to a continuing right but to a continuing wrong which maybe defined as a continuing source of injury which renders the doer of the act responsible and […]
12th Sep, 2019

The limitation period of three years for reference of dispute to Arbitrator starts when the dispute first arose between the parties and in order to exclude the time spent in further negotiations, it has to be clearly pleaded and substantiated.

The Hon’ble Supreme Court vide its order dated 03.09.2019, passed in M/s Geo Miller & Co. Pvt. Ltd. vs. Chairman, Rajasthan Vidyut Utpadan Nigam Ltd. bearing Civil Appeal No. 967/2010, held that the limitation period […]
11th Sep, 2019

For the presumption that a person who is not seen for seven years is dead, Spouse has to first approach civil court for declaration:

The High Court is of the opinion that there is no scope for presumption that wife would be dead, if she is not seen for about seven years. Law in this situation is that Husband […]
10th Sep, 2019

Remedies available under Consumer Protection Act and RERA are concurrent

The Delhi High Court reiterated that remedies available to home buyers under the Consumer Protection Act, 1986 (CPA) and Real Estate (Development and Regulation) Act, 2016 (RERA) are concurrent.   The said observation was held […]
9th Sep, 2019

Proceeding cannot be quashed on the ground that notice not served within statutory period

The Supreme Court had held that the proceedings u/s 138 of Negotiable Instrument Act cannot be quashed on grounds that the legal notice was not served within the statutory period.   The said judgment was […]
7th Sep, 2019

‘Consent’ given for sexual intercourse on the ‘promise of marriage’ after evaluating various possibilities and consequences, is a valid ‘consent’ and therefore, does not result in an offence under Section 375 of Indian Penal Code.

The Hon’ble Supreme Court vide its order dated 21.08.2019 in Pramod Suryabhan Pawar vs. the State of Maharashtra and Anr. bearing Criminal Appeal No.1165 of 2019, explained the difference between consent given pursuant to a […]
6th Sep, 2019

The High Court, while entertaining a revision petition under Section 20 of the Kerala Rent Control Act, 1965 should not re-examine the evidences.

The Hon’ble Supreme Court vide its order dated 13.8.2019 in Civil Appeal No. 6147 of 2019, titled as Thankamany Amma and Ors. versus Omana Amma and Ors. held that the High Court while entertaining a […]
5th Sep, 2019

Non- inclusion of Section 141 IPC in charge sheet does not mean the accused cannot be held guilty under Section 149 IPC.

The Hon’ble Supreme Court vide its order dated 08.08.2019 in Dev Karan @ Lambu vs. State of Haryana bearing Criminal Appeal No.299 of 2010, held that merely because Section 141 IPC which defines ‘unlawful assembly’ […]
3rd Sep, 2019

The Court must be cautious while evaluating expert evidence, which is a weak type of evidence and not substantive in nature.

It is also settled that it may not be safe to solely rely upon such evidence, and the Court may seek independent and reliable corroboration in the facts of a given case.   The above-mentioned […]
2nd Sep, 2019

The appeal against acquittal in prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, would lie under Section 378(4) of the Code of Criminal Procedure

The text of Section 378(4) of the Code of Criminal Procedure(hereinafter referred as ”the Code”) is quite clear and it is confined to an order of acquittal passed in a case instituted upon a complaint […]