Restriction on power of High Court to interfere in finding of facts under Article 226 and 227 of Constitution #indianlaws

Apr
10
2014


 In the absence of mixed question of law and fact or question of law, the High Court cannot alter the finding under Articles 226 and 227 of the Constitution of India




Dishonoured Cheque if only towards an advance indicates that there was no existing liability #indianlaws

Apr
10
2014


The payment by cheque in the nature of advance payment indicates that at the time of drawal of cheque, there was no existing liability.




The Court has to ensure neutrality, impartiality and independence of the third arbitrator #indianlaws #Arbitrationlaws

Apr
10
2014


Court has to ensure neutrality, impartiality and independence of the third arbitrator




All live-in relationship are not in the nature of Marriage #indianlaws

Apr
3
2014


In the judgment as passed by the Supreme Court in Indra Sarma vs. V.K.V. Sarma [Dated 26.11.2013, Criminal Appeal No.




In case of illegal collection of tax, it is obligatory on the part of revenue to refund money with interest

Apr
2
2014


The issue before the Apex Court was whether the revenue is legally responsible under Section 244A of the Income Tax Act, 1961 (Act) for payment of interest on the refund of tax made to the resident/deductor under Section 240 of the Act.

The relevant provision in reference to above issue i.e. Section 244A of the Act was inserted in the Act with effect from 01.04.1989 and the assessment years in the present matters pertained to on or after the date mentioned before.




Delay in delivery of possession and defective construction in the flat makes builder liable to pay compensation #Compensation

Apr
2
2014


In the judgment as passed by the Supreme Court in Lucknow Development Authority vs. M.K. Gupta [Dated 05.11.1993, reported as AIR 1994 SC 787 = 1994 SCC (1) 243] the Court dealt with the issues engulfing consumers who puts in their hard earned money to make their dream of having own house a reality, but suffers in some way or the other at the hands builders – private or government. The holding arrived at in this matter can certainly be considered as timeless ratio and worth including in this category.



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Meaning of "readiness and willingness" in a suit for specific performance #indianlaws

Apr
2
2014


Two issues were posed before the Apex Court for adjudication, firstly, the jurisdiction of High Court while entertaining the Second Appeal, and secondly, meaning of the expression readiness and willingness a suit for specific performance.




Burden of proof of proving that any property has not been partitioned lies on the party alleging it

Apr
2
2014


There is a presumption that until the contrary is proved, every Hindu family is joint and undivided and all its property is Joint



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What Constitutes Mental Cruelty in a Matrimonial Proceeding? #indianlaws

Feb
27
2014


There cannot be any comprehensive definition of the concept of 'mental Cruelty' within which all kinds of cases of mental cruelty can be covered. An attempt is however made to incorporate certain tests which would determine what constitutes mental cruelty



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Restriction on sale of shares of public limited company

Feb
27
2014


Certain restrictions are imposed on sale of shares of public limited companies under the purview of Securities Contracts (Regulation) Act, 1956 (hereinafter referred to as Regulation Act). They could not be sold through private arrangement unless the permission for the same has been obtained from the Central Government




Power of Attorney Sales

Feb
27
2014


The `Power of Attorney Sales' as a method of `transfer' was evolved by lawyers and document writers in Delhi, to overcome certain restrictions on transfer of flats by the Delhi Development Authority (for short `DDA').



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Model Residential Tenancy Act, 2011

Feb
27
2014


The Hon’ble Supreme Court in a Judgment passed in the month of May, 2011 has expressed deep anguish over the abuse of the rent control legislation and the pendency of litigation in the landlord-tenant disputes.



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Greater Noida Fiasco- A conflict between Farmers, Government, Builders and Consumers.

Feb
27
2014


Real estate Industry, very recently, suffered a set back wherein the Hon’ble Supreme Court in the matter of Greater Noida Industrial Development Authority VsDevender Kumar set aside the acquisition of land situated in a village in Uttar Pradesh




Family Settlement and Partition deed- A thin line of difference

Feb
27
2014


There is often a confusion while seeking partition of properties amongst Hindu families, whether parties should opt for a partition deed or a family settlement.




Criminal liability for dishonour of cheques under Section 138 of Negotiable Instruments Act.

Feb
27
2014


It is only the "drawer" of the cheque who can be made liable for the penal action under the provisions of the N.I. Act and as law is well settled, a strict interpretation is required to be given to penal statutes.




Challenging the orders of Subordinate Courts under Article 226 and 227 of the Constitution of India

Feb
21
2014


The writ jurisdiction of the High Court under Article 226 and 227 of the Constitution of India is a very effective and powerful remedy available in law




Concept of Matrimonial Home under Domestic Violence Act 2005 and Hindu Marriage Act, 1955

Feb
21
2014


Scope and meaning of the expression Shared Household vis-à-vis question as to whether in the property (ies) wherever the husband and wife lived together last becomes falls under the definition of shared household .




Principles governing grant of damage for breach of contract

Feb
21
2014


In the judgment as passed by the Supreme Court in Oil & Natural Gas Corporation Ltd. vs. SAW Pipes Ltd. [AIR2003SC2629] dated 17.04.2003 the Court dealt with the issue relating to determination of compensation for loss and damage caused due breach of contract vis-à-vis scope of Sections 73 and 74 of the Indian Contract Act




Partnership between two Hindu Undivided Families (HUF)

Feb
21
2014


Issue relating to Registration of Partnership firm formed by two Hindu Undivided Families for the purposes of provisions of the Income Tax Act and conditions necessary in connection related thereto.




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




Valuation of suit of Cancellation for the purpose of Court Fees Act

Feb
19
2014


In a suit for cancellation of sale deed which was executed for a specified amount, the Court Fee has to be paid on that amount and not on the basis of the market value of the property at the presentation of the plaint.




Whether protection of Rent Control legislation are available to premises covered under Public Premises Act, 1971

Feb
11
2014


Whether the tenants as well as licencees, who are protected under the respective State Laws could be called unauthorised occupants on applying the provisions prescribed under the Public Premises Act




Whether non-filing of Income Tax return are grounds for invocation of the provisions of Section 276CC of the Income Tax Act 1961?

Jan
30
2014


Assessee has to file the return under Section 139(1) of the Act on or before the due date.




Conflict between Forest Act 1927 and Maharashtra Private Forests (Acquisition) Act, 1975

Jan
30
2014


Notice under Section 35(3) of the Forest Act, 1927, pre-supposes the existence of a forest




Retrospective effect of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (‘2013 Act’)

Jan
24
2014


The Supreme Court delivered in first judgement on the newly enacted land Acquisition Act, wherein it laid down the circumstances wherein the 2013 Act would have retrospective operation




DNA test to determine Paternity #indianlaws #marriagelaws

Jan
6
2014


The Supreme Court dealing with the issue of presumption of birth during marriage has held




Scope of Section 446 Companies Act, 1956

Dec
12
2013


Principles governing staying of suit in pursuance of winding up proceedings




Judicial Review of the process of Grant of Contract

Nov
29
2013


The Supreme Court of India after considering several authorities elaborated the law of tender as under:




Sale of Minor's property cannot be done without obtaining the prior permission of the Court.

Nov
25
2013


In view of the provisions of Section 8(2) of the Hindu Minority and Guardianship Act, 1956 one cannot mortgage or charge, or transfer by sale, gift of the minor’s property without taking prior permission of the court.




Medical Doctors are not workmen

Nov
21
2013


Medical Doctors discharging functions of medical officersare not "workmen" within the meaning of expression contained in Section 2(s) of the Industrial Disputes Act, 1947








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