Articles
5th Mar, 2015
Setting aside of ex-parte decree under Order XXXVII Rule 4 of the Code cannot be allowed in routine and special circumstances are required to be established. However, the expression “special circumstances” has to be construed […]
23rd Feb, 2015
Section 74 of the Indian Contract Act deals with the measure of damages in two classes of cases: (i) Where the contract names a sum to be paid in case of breach; and (ii) where […]
22nd Feb, 2015
The Court held that the applicability of the second Proviso to Section 24(2) of the 2013 Act could not be relied upon as it is prospective in nature and does not take away vested rights
22nd Feb, 2015
The Court observed that the words in Section 9 of the Act “the party may, before or during arbitral proceedings or at any time after the making of the arbitral award but before it is […]
22nd Feb, 2015
The question of law raised was as to whether “Hydraulic Excavator” is a machine under Entry 2 or motor vehicle under Entry 13 of the Schedule attached to Act, 2007?
22nd Feb, 2015
Mere submission of an application for allotment of a house, which does not result either in allotment or registration and consequent inclusion in the awaiting list for such an allotment, does not confer upon him […]
22nd Feb, 2015
While exercising the power under Order 7 Rule 11, the Court has to read averments in the plaint as a whole to find out whether it discloses a cause of action or whether the suit […]
22nd Feb, 2015
There is a clear difference between revocation of a ‘tender’ and revocation of the ‘tender notice’. While revocation of the tender notice is the prerogative of the Corporation, revocation of the ‘tender’ could be only […]
11th Feb, 2015
When a repeal of an enactment is followed by a fresh legislation, such legislation does not affect the substantive rights of the parties on the date of suit or adjudication of suit unless such a […]
11th Feb, 2015
In the event of vehicle repossessed by the financer on account of non-payment of EMI’s, it would be financier’s liability to pay the tax liability towards road tax and penalty, as applicable.
11th Feb, 2015
Electronic documents are admissible as material evidence. The computer generated electronic records in evidence are admissible at a trial if proved in the manner specified by Section 65B of the Evidence Act.
11th Feb, 2015
The amendment in Land Acquistion Act 2013 brought by the Ordinance of 2014 would not be applicable to those case the appeals were pending much prior to the ordinance. Ordinance in so far as insertion […]