Interim orders cannot be granted in Arbitration proceedings where claim cannot be specifically enforced

May
11
2017


Bombay High Court in the matter of B E Billimoira and Company Vs Mahindra Bebanco Developers Limited; Commercial Arbitration Petition (Ldg) No.




What is "sufficient cause" in terms of order 37 Rule 4 CPC #indianlaws

Feb
13
2017


Bombay High Court in the matter titled as Purnendu Shekhar Mal Jain Vs. ACG Associated Capsules Private Limited in Appeal (L) no. 98 of 2016 decided on 1st Feb, 2017 held that the words "special circumstances" in Order XXXVII Rule 4 CPC for setting aside ex-parte decree is different from expression "sufficent cause" an application under Order 9 Rule 13 of CPC. The expression "special circumstances" is not defined in the Civil Procedure Code nor is it capable of any precise definition by the court because problems of human beings are so varied and complex.




Arraigning of Partnership firm imperative to prosecute partner U/s.141 of the NI Act #indianlaws

Feb
25
2016


There can be no dispute that as the liability is penal in nature, a strict construction of the provision would be necessitous. Therefore for maintaining the prosecution under Section 141 of the Act, arraigning of a company as an accused is imperative. The other categories of offenders can only be brought in the dragnet on the touchstone of vicarious liability as the same has been stipulated in the provision itself. It was accordingly held that for maintaining prosecution against a partner under section 141 of the NI Act, arraigning of partnership firm as an accused is imperative.




Filing of false criminal complaint by either spouse constitutes matrimonial cruelty entitling other spouse to claim divorce #indianlaws

Jan
11
2016


It was observed by the High Court that if the complaint filed by the wife against the husband under section 498- A of IPC and other related provisions was dismissed on merits and the husband and his family members are acquitted,it clearly amounts to cruelty committed by the wife upon the husband. Also, when wife treated the husband with cruelty and such allegations having been proved, she at the same time could not maintain her application for restitution of conjugal rights by filing an application under section 9 of the Hindu Marriage Act, 1955.




Relative of Husband can be made party to proceedings under Domestic Violence Act before Family Court

Sep
24
2015


Bombay High Court in a Judgement has held that family Court, entertaining proceedings under Domestic Violence Act, would be governed by the definition of ‘Respondent’ under the Domestic Violence Act and not under the Family Court Act




Exempiton U/s 10 (23C)(VIA) OF Income Tax Act allowable only when existance of claimant is for philanthropic purpose

Apr
10
2015


A plain reading of the aforesaid provision makes it clear that the legislature has categorised for deduction income of those institutions which “exist solely” for philanthropic purpose with a further stipulation that they would exist “not for the purpose of profit”. 




What is the meaning of Fraud within the meaning of Section 13 CPC #Indianlaws

Mar
18
2015


It is only when the defendant is taken by surprise of the fraud played by the plaintiff  that he can challenge the decree or foreign judgment on the ground of fraud. 




Service Tax levy on Advocates not against Constitutional Mandate

Jan
11
2015


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 to provide services to any business entity located in the taxable territory, then, he is included and liable to pay Service Tax.




Difference between Visitation and Custody of minor child between warring parents

Nov
11
2014


A visitation order means an order establishing the visiting times for a non-custodial parent with his or her children. Although the non-custodial parent is responsible for the care of the child during visits, visitation differs from custody because non-custodial parent and child do not live together as a family unit. 




Goverment cannot withdraw its assurance even if it is a party in a contract #indianlaws

Oct
11
2014


Cancellation of allotment of land was the subject matter of challenge in the present writ petition filed under Article 226 of the Constitution of India. The allotments were stated to be made without inviting public tenders and the concluded agreements were void on the thrust of Section 23 of the Contract Act, 1872 being opposed to the public policy and also in violation of Article 14 of the Constitution of India.




Whether right of women in Coparcenry property is retrospective? #indianlaws

Oct
10
2014


.A bare perusal of sub-section (1) of Section 6 would clearly show that the legislative intent in enacting clause (a) is prospective i.e. daughter born on or after 9 September 2005 will become a coparcener by birth, but the legislative intent in enacting clauses (b) & (c) is retroactive, because rights in the coparcenary property are conferred by clause (b) on the daughter who was already born before the amendment, and who is alive on the date of Amendment coming into force.




Complaint against dishonor of cheque payable AT PAR can be filed where the cheque was dishonored #indianlaws

Aug
30
2014


By the present judgment, the Bombay High Court drawn a distinction or rather clarified that cheques payable at par if gets dishonored, the complaint filed against commission of such offence punishable under Section 138 of the NI Act can be filed before the territorial jurisdiction of such concerned Court within which the cheque was dishonored by one of the branches of the drawee’s bank.




A major child can claim maintenance from his father in exceptional circumstances #indianlaws

Jul
22
2014


A major son of the well educated and economically sound parents can claim educational expenses from his father or mother irrespective of the fact that he has attained majority




Relinquishment Deed only acknowledging acts already done does not require registration #indianlaws

Jul
10
2014


The question before the Bombay High Court was whether relinqushment deed requires registration




Promise to pay time barred debts under Section 25 of Contract Act must be express #indianlaws

Jun
30
2014


 An implied promise to pay inferred from an acknowledgment could not be made the basis of the suit to recover a debt barred at the time of the acknowledgment unless it is express




Remedy under section 9 of A & C Act should not be granted for the purpose of providing security of an award #indianlaws

Jun
30
2014


The Court's jurisdiction to arrest a ship in an action in rem should not be exercised for the purpose of providing security of an award, which may be made in arbitration proceedings




The act of the wife in asking money is not an act of cruelty #indianlaws

May
30
2014


Merely because there are allegation and counter allegation, a decree of divorce cannot follow.




Court raises a question on effectiveness of MCA Rules under the Companies Act 2013

May
21
2014


Whether in view of Section 110 of the Companies Act and SEBI circular a resolution of a scheme of amalgamation can be passed by postal ballot




Effecting recovery prior to expiry of time limit for filing appeal against order directing recovery- Whether permissible?

Feb
4
2014


No recovery of tax is to be made unless the time limit for filing an appeal has expired or till the disposal of a stay application




Tax Appellatte Tribunal has no power in terms of Rule 24 of the Tribunal Rules to dismiss an appeal before it for non-prosecution

Oct
23
2013


Whether Income Tax Appellate Tribunal (ITAT) in exercise of Rule 24 of the Income Tax Appellate Tribunal Rules, 1963 (Tribunal Rules) can dismiss the appeal for non prosecution, and, second, interpreting Rule 24 of the Tribunal Rules and Section 254(1) and (2) of the Income Tax Act, 1961 in reference to application of Rule 24.




The terms of tender/guidelines, being in the realm of contract, cannot be open to judicial scrutiny

May
10
2013


Government is free to enter into any contract with citizens, The Court may interfere only where the Government Acts arbitrarily or contrary to public interest.








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