Essentials of show cause notice and procedure in case of blacklisting of a vendor #indianlaws

Aug
11
2014


A show cause notice must precede blacklisting, stipulating grounds of proposed action and resultant penalty



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law relating to jurisdiction of presenting complaint under Section 138 N I Act revised again. #indianlaws

Aug
11
2014


Cheque dishonor complaint to be filed before the Court within whose territorial jurisdiction cheque drawn was dishonored




Where time not the essence of contract, Parties thereto must perform their part within a reasonable time #indianlaws

Jul
31
2014


The legal position suggests that in the case of agreement of sale relating to immovable property, time is not of the essence of the contract unless specifically provided to that effect. However, this does not mean that any and every suit for specific performance of the agreement, not providing specifically that time is of the essence of the contract, should be decreed.




Husband is obliged to see that his wife does not become a destitute, a beggar #indianlaws

Jul
31
2014


if the husband is required to earn money with physical labour, if he is able bodied. There is no escape route from payment of maintenance, unless there is an order from the Court that the wife is not entitled to get maintenance from the husband on any legally permissible grounds




Investor has to be cautious- expected returns may be far below the expectation #indianlaws

Jul
31
2014


All investments were subject to markets risks and fluctuations and an investor has to exercise due caution while investing any amount in any Scheme. Simply, because the maturity amount is below their expectations they cannot drag the service provider to Court for the same.



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Law relating to drafting an agreement-It should be is clear, simple and straight forward #indianlaws

Jul
22
2014


These days with the use of computers and user friendly editing procedures like cut and paste facilities, the text is sourced and added hoping the same to be appropriate to the work to avoid redundancy, confusion, vagueness and inconsistency and to increase efficiency, expedition, reduction of disputes and saving of funds.



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Condition of pre-deposit for entertaining appeal has no nexus with the order of stay #indianlaws

Jul
22
2014


 A pre-deposit condition to deposit the amount being condition precedent for entertaining appeal, has no nexus with the order of stay, as such an order may or may not be passed by the National Commission. Condition of pre-deposit is to avoid frivolous appeals




Arbitration and Conciliation Act, 1996 not applicable to arbitrate disputes between licensees and generating companies #indianlaws

Jul
22
2014


The Supreme Court relying on the settled principle held that the special law overrides the general law and accordingly, Section 11 of the Arbitration and Conciliation Act, 1996 would have no application to the question who can adjudicate/arbitrate disputes between licensees and generating companies, and only Section 86(1)(f) shall apply in such a situation.




Bank cannot recover the money from the account holder wrongly credited to the account #indianlaws

Jul
22
2014


The Court while making reference to Section 72 of the Indian Contract Act mentioned that the Bank does have a right to recover the money paid under a mistake. In the instant case, however, under the facts and circumstances thereof, the conduct of Bank was held to be incorrect.




Law relating to act of blacklisting any person in respect of business ventures #indianlaws

Jul
10
2014


In the judgment as passed by Supreme Court in the matter namely M/s. Southern Painters Vs. Fertilizers & Chemicals Travancore Ltd. and another, decided on 10.09.1993 (reported as AIR 1994 SC 1277 = 1994Supp(2)SCC699), dealt with issue as to what State should be conscious of while taking actions like deletion of party’s name from the list of qualified contractors on the ground of pendency of any enquiry etc. and whether it is justified to black list any of the participant in the process without even offering an opportunity of being heard.



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Fatwa have no force of law #indianlaws

Jul
10
2014


The Supreme Court was called upon to answer a question  whether Dar-ul-Qaza is a parallel court and ‘Fatwa’ has any legal status.



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Arrest in dowry cases should not be an automatic outcome of complaint #indianlaws

Jul
10
2014


Supreme Court in a recent judgement made arrest difficult in the matrimonial disputes to avoid abuse of penal provisions under Section 498A IPC and Dowry Prohibition Act




Prosecution of Directors under Section 138 of the N I Act requires impleadment of Company #indianlaws

Jun
30
2014


The irresistible conclusion 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




Revocation of Patents #indianlaws

Jun
19
2014


If "any person interested" has filed proceedings under Section 25(2) of the Patents Act, the same would eclipse all similar rights available to the very same person under Section 64(1) of the Patents Act.




Conditions for fulfillment of Section 24 of RFCTLARR Act 2013 #indianlaws

Jun
9
2014


Section 24(2) of RTFCTLARR Act 2013 commences with a non-obstante clause and according to said provision if the physical possession of the land has not been taken and compensation has not been deposited by the Acquiring Authority before the appropriate forum, the proceedings initiated under the Act, 1894 is deemed to have been lapsed.




No strait-jacket formula can be laid down for arriving at exact market value of the land #indianlaws

Jun
7
2014


The assessing authority must take into consideration various factors for determining the market value, but exclude the advantages due to the carrying out of the purpose of acquisition and remote potentialities.




The courts should not adopt an injustice-oriented approach in rejecting the application for condonation of delay #indianaws

Jun
7
2014


The Court observed that rules of Limitation are not meant to destroy the rights of the parties rather the idea is that every legal remedy must be kept alive for a legislatively fixed period of time.




Transfer of Property Act is not applicable to the Government grants #indianlaws

May
30
2014


Government grant of lease of land is governed entirely by the terms of the grant




Applicablitity of Section 24 of new Land Acquisition Act, 2013 #indianlaws

May
21
2014


Applicablitity of Section 24 of new land acquisition Act discussed in view of circular dated 14th March, 2014




Pay up dishonoured cheque amount within 15 days of receipt of Court summons to free your-self from penal consequences

May
21
2014


Any drawer who claims that he did not receive the notice sent by post, can, within 15 days of receipt of summons from the Court can make payment of the cheque amount




Supreme Court explains law on Order 2 Rule 2 #indianlaws

May
21
2014


Supreme Court explains law on Order II Rule 2 CPC




Status or position of Public Servant accused of bribery etc.is of no relevance #indianlaws

May
12
2014


Can the Legislature lay down different principles for investigation/inquiry into the allegations of corruption for the public servants who hold a particular position?
 




Sale and installation of lift work is a Works Contract #indianlaws

May
12
2014


Whether a contract for manufacture, supply and installation of lifts in a building is a “contract for sale of goods” or a “works contract”?




Mere filing of representation does not extend the period of Limitation #indianlaws

May
2
2014


The law does not permit extension of period of limitation by mere filing of a representation.




Appeal taken up in the absence of counsel cannot be dismissed on merits #indianlaws

May
2
2014


Appeal taken up in the absence of counsel cannot be dismissed on merits but on default of appearance
 




Sting operations by the enforcement agencies #indianlaws

May
2
2014


Sting operations by the enforcement agencies – Process yet to be experimented, tested and legally accepted in the Indian legal system




Directions to Criminal Courts for faster disposal of Cheque bounce cases #indianlaws

May
2
2014


Delay in disposal of cheque bounce cases by the Courts of Law




Frustration of contract – the position in India #indianlaws

Apr
20
2014


The doctrine of frustration is an aspect or part of the law of discharge of contract by reason of supervening impossibility or illegality of the act agreed to be done




Hijras, Eunuchs, apart from binary gender, to be treated as “third gender” #indianlaws

Apr
20
2014


 Hijras are neither men nor women and claim to be an institutional “third gender



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Principles governing Anti-Suit Injunction – Meaning and Scope #indianlaws

Apr
10
2014


The burden of establishing that the forum of choice is a forum non- conveniens or the proceedings therein are oppressive or vexatious would be on the party so contending to aver and prove the same.
 



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