Articles

16th Aug, 2019

Section 9 insolvency plea cannot be rejected when disputed claim is not raised prior to demand notice: NCLAT

The National Company Law Appellate Tribunal has held that existence of a ‘disputed claim’ cannot be a ground to reject an application under Section 9 of the Insolvency and Bankruptcy Code 2016 (hereinafter referred as […]
14th Aug, 2019

Where the parties have chosen a court which has jurisdiction out of two or more competent courts having jurisdiction, only such court will have the jurisdiction to entertain a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996

The Apex Courts also reiterated Section 20 of the Arbitration and Conciliation Act parties party autonomy and the parties are free to agree on the place of arbitration. The above ratio was passed in the […]
13th Aug, 2019

Landlord can’t be precluded from filing eviction petition on the ground of bonafide need regarding non-residential premises.

The Supreme Court has held that the judgment Satyawati Sharma vs. Union of India which held that Section 14(1)(e) of the Delhi Rent Control Act is unconstitutional to the extent it discriminates between the premises […]
10th Aug, 2019

Section 143A of Negotiable Instruments Act on Interim Compensation is not retrospective

The Supreme Court ruled out the confusion and held that  Section 143A of the Negotiable Instruments Act (hereinafter referred as ‘the Act’) on payment of interim compensation to the complainant during the pendency of the […]
9th Aug, 2019

Outer limitation for suit for possession based on title is not lost merely because relief of declaration is also sought.

The Supreme Court has held that merely because relief of declaration is also sought in a suit for possession, the outer limitation of 12 years is not The above reasoning was pronounced by the Constitutional […]
8th Aug, 2019

Exclusion of Daughter- In- Law from Health Scheme for Government Employee is not discriminatory.

The Hon’ble High Court of Delhi Court vide its order dated 23.07.2019 in Sh. Hukm Tejpratap Singh and Ors. vs. Government of NCT of Delhi and Ors. bearing W.P. (C) No. 9441 of 2018, held […]
7th Aug, 2019

Objection regarding the pecuniary jurisdiction of the Consumer Fora should be raised at the earliest possible opportunity.

The Hon’ble Supreme Court in M/s Treaty Construction vs. M/s Ruby Tower Co-op. Hsg. Society Ltd. bearing Civil Appeal No. 5699 of 2019 decided on 19.07.2019 has reiterated that the technical objection with respect to […]
6th Aug, 2019

Right to use passage granted in the sale deed will not extinguish in terms of section 41 of the Indian Easements Act:

The Hon’ble Supreme Court in the case of “S Kumar & Ors. vs S Ramalingam” Civil Appeal No. 8628-8629 of 2009 decided on16.07.2019 has held that right to use passage granted in the sale deed […]
5th Aug, 2019

Omission to mention nature of Debt or Liability in statutory demand notice does not render it invalid under section 138 of Negotiable Instruments Act, 1881

The Kerala High Court observed that the omission or error in the notice under section 138 of the Negotiable Instruments Act to mention the nature of the debt or liability, does not render the same […]
2nd Aug, 2019

Section 148 Of Negotiable Instruments Act has retrospective effect

In an important judgment, the Supreme Court has held that Section 148 of the Negotiable Instruments Act as amended, shall be applicable in respect of the appeals against the order of conviction and sentence for […]
29th Jul, 2019

The HC which has jurisdiction over ‘Venue’ of Arbitration alone can entertain petition seeking appointment of Arbitrator

The Hon’ble Supreme Court set aside the order of Madras High Court and held that if parties have agreed to have the “venue” of arbitration at certain place, the High Court which has jurisdiction over […]
11th Jul, 2019

Property inherited from father by sons becomes Joint Family Property in the hands of sons

The apex court again reiterated that share which a coparcener obtains on partition of ancestral property is ancestral as regards his male issue. The judgement was delivered by the Apex Court in the matter of […]