Even if there is no specific evidence of loss suffered by the Party alleging breach, the delay caused itself can be taken to have resulted in loss including loss of interest on the capital.
he parties should be directed to file a detailed affidavit of their assets, income and expenditure and the supporting documents in order to determine their true income. The assets, liabilities, income and expenditure of the […]
Order of sentence in a criminal case needs due application of mind. The Court has to give attention not only to the nature of crime, prescribed sentence, mitigating and aggravating circumstances to strike just balance […]
An important question, amongst other, that arose before the Court was to determine as to whether BCCI is ‘State’ within the meaning of Article 12 and if 19 of the Constitution of India and if […]
Whether leave to defend in a summary suit can be granted to a Defendant unconditionally or upon such terms as may appear to the Court or Judge to be just to put the defendant on […]
It is only when the stage of proceedings in cases filed under Section 138 of the Act has reached the stage of Section 145(2) of the Act or beyond thereof, such case shall continue to […]
The Court is required to go through the merits of the claim of the respective parties in proper perspective and then to record a finding regarding extent of shares received by each coparcener/co-owner keeping in […]
The Official Liquidator was held to be an officer of the Court and that for the purpose of discharging statutory obligations imposed under the Act, 1956, the Official Liquidator merely steps into the shoes of […]
The court should not substitute its own decision for the decision of an expert evaluation committee. If there is a good reason why the project should not be undertaken, then the time to object is […]
What are the governing principles while deciding upon the issue of delay in making delivery of premises by development authorites or in other words where development authority forming layouts and allots plots/flats (or houses) by […]
The services provided to a individual client by a individual advocate continues to be exempted from the purview of the Finance Act and consequently Service Tax but when an individual advocate provides service or agrees […]