Long possession of property does not entitle to protection from dispossession

Sep
1
2017


The Delhi High Court in Krishan Lal vs. Union of India and Ors. decided on08.08.2017 following the judgment of the Hon’ble Supreme Court in the case of Behram Tejani and Others v.




Provisions of Insolvency and Bankruptcy Code regarding time are not mandatory

May
11
2017


NCLT in the matter of J K Jute Mills Company Limited Vs Surendera Trading Company; Company Appeal (AT) No. 9 of 2017 compared the prescription of time limit prescribed under Section 7, 9 and 10 of Insolvency and Bankruptcy Code with provisions of Order 8 Rule 1 of CPC.




Court auction sale cannot be set aside just for asking

May
11
2017


The Supreme Court Chilamkurti Bala Subrahmanyam
vs. Samanthapudi Vijaya Lakshmi; Civil Appeal No. 5988 of 2007 has held that for setting aside a court auction sale a charge of fraud or material irregularity under Order 21 Rule 90 must be specifically made with sufficient particulars.  Before a sale can be set aside merely establishing a material irregularity or fraud will not do.



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Parties by an Agreement can confer jurisdiction upon a Court in Arbitration matters

May
2
2017


Supreme Court in the matter of Indus Mobile Vs. Datawind Innovations; Civil appeal no. 5370-5371/2017 in a landmark judgment has modified the understanding of law with regard to jurisdiction of Court. Age old law that parties cannot confer jurisdiction on a Court by an agreement between the parties is no longer applicable to arbitration proceedings.




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.




Importer of product cannot claim to be proprietor of label mark belonging to Exporter

Dec
1
2014


In order to claim the proprietory right on the trade mark of the exporter, the importer has to show that the mark has become inextricably connected with him in the eyes of the public. 




Compromise decree to be challenged in the same suit and not a subsequent suit

Dec
1
2014


An agreement or compromise should not be deemed to be lawful if the same is void or voidable under Indian Contract Act, 1872.




Mere printed conditions on the back of consignment note not conclusive to restrict territorial jurisdiction #indianlaws

Aug
11
2014


Jurisdiction stated in the printed format at the back of consignment note will not bind the parties unless parties agreed to the same.




Injunction on Invocation of bank guarantees #indianlaws

Mar
2
2014


The Courts, thus, should, be slow in putting a restrain in realizing such a bank guarantee.




Recognition of Foreign Matrimonial Judgement in India #indianlaws #marriagelaws

Feb
21
2014


Supreme Court dealt with the issue relating to Recognition of Foreign Matrimonial Judgment in India when parties to marriage are Hindu and the scope of applicable statutory provisions in connection thereto




What is the fate of an agreement to sell executed in violation of the injunction order?

Oct
31
2013


Merely because property in relation to which agreement was entered upon is no longer subject to any order of restrain, party seeking specific performance does not automatically becomes entitled to such relief.




Books of Accounts is not a conclusive evidence

Sep
26
2013


Books of Accounts is not considered as a conclusive evidence to determine liability to rule out any attempt to manipulate to fix liability on someone else due to any element of self-interest and partisanship








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