Jurisdiction of Civil Court vis-à-vis Scope of Section 34 of the SARFESI

Oct
30
2013


A Civil Court has no jurisdiction to entertain any suit or proceedings in respect of matters falling under Section 13(4) of the Securitisation Act as such matters comes under the jurisdiction of the DRT and the Appellate Tribunal




Date on which cause of action arose for filing complaint for dishonour of cheque is to be excluded for the purposes of limitation

Oct
26
2013


While calculating the period of one month as prescribed under Section 142(b) of the Negotiable Instruments Act, 1881 for filing a criminal complaint on the ground of dishonour of cheque, the period is to be reckoned by excluding or including the date on which the cause of action arose?




Hospital vicariously liable for its doctors and their conduct – whether on the panel of hospital or associated as visiting doctors.

Oct
24
2013


Right to Health of a citizen is a fundamental right as guaranteed under Article 21 of the Constitution of India.




Dishonour of Cheques-Vicarious liability of Directors

Oct
17
2013


The Hon'ble Supreme Court in a matter dealt with the issue of vicarious liability of Directors in the offence of dishonour of cheque.




Income does not accrue in the year of export but in the year in which imports are made

Oct
8
2013


The income accrues when there "arises a corresponding liability of the other party from whom the income becomes due to pay that amount




Courts while adjudicating issue relating to dishonour of cheque cannot impose compensation/ fine more than twice the cheque amount

Oct
7
2013


Under Section 138 of the Negotiable Instruments Act, 1881, while dealing with the offence of dishonor of cheque, recovery of the amount payable under the instrument, power to levy fine is restricted to twice the cheque amount.




A Consumer Court has no jurisdiction to entertain complaint seeking specific performance of agreement.

Sep
26
2013


A Consumer Court has no jurisdiction to entertain complaint seeking specific performance of agreement. The jurisdiction rest with the Civil Court only.




Unnecessary adjournments must not be granted by the DRT

Sep
13
2013


Debt Recovery Tribunal(s) are constituted to ensure expeditious disposal of controversies/ issues between the banks and borrowers in the larger public interest.




Right or Interest to occupy is a Species of Property and is not barred from transferability

Sep
11
2013


A question arose before the Apex Court as to whether the property mortgaged to a Bank by shareholder of a Company can be attached and sold in execution of a decree obtained by Bank




Assessing Officers are empowered to call for general particulars in the nature of survey to check evasion of tax effectively.

Aug
27
2013


What is the nature of enquiry within the meaning of Section 133(6) of the Income Tax Act, 1961 was the question that arose for consideration before the Apex Court.




Circumstances when the Arbitration Clause cannot survive

Aug
22
2013


An arbitration clause in an agreement cannot survive if the agreement containing arbitration clause has been superseded/ novated by a later agreement




Mandatory provisions of Security Interest (Enforcement) Rules 2002 can be dispensed in certain conditons

Aug
22
2013


Mandatory Provisions of Rule 9 of Security Interest (Enforcement)  Rules 2002 can be dispensed with when secured creditor, borrower and auction purchaser by a written agreement so agree




Excise duty of the business of erstwhile owner is not the responsibility of subsquent purchaser.

Aug
16
2013


Clearing excise dues is not a statutory liability to be discharged when property and not the business of the erstwhile owner is the subject matter of purchase




Agreement cancelled subsequent to its impounding for want of sufficient stamp duty cannot escape the liability

Aug
8
2013


Whether document (agreement for sale) seeking registration can still be impounded on account of deficient stamp duty when the same was subsequently cancelled




Termination of service, if amounts to Retrenchment

Jul
16
2013


Whether termination of services on the expiry of the contract period would amount to retrenchment within the meaning of Section 2(oo) of the Industrial Disputes Act, 1948




Government Servant is not a consumer under the Consumer Protection Act, 1986 for the purposes of claims pertaining to retiring benefits

Jul
15
2013


Whether Government Servant fall under the definition of a “consumer” and thus entitled to claim his retiral benefits due under his service conditions and regulations.




Restriction on Transfer of Shares not listed in the Stock Exchange

Jul
15
2013


The Apex Court in the matter of Bhagwati Developers Private Limited settled a controversy regarding application of Securities Contracts (Regulation) Act, 1956 (hereinafter referred to as Regulation Act) to the transfer of shares of a public limited company.




Rule of Criminal liability against vicarious liability – Under Section 138 of the Negotiable Instruments Act

Jul
1
2013


Rule of Criminal liability against vicarious liability  – Under Section 138 of the Negotiable Instruments Act, 1881 it is only drawer of the cheque who can be prosecuted

 




Arbitration Clause in a contract is an agreement independent of other terms of the contract

May
10
2013


While considering any objection with regard to the existence or validity of the arbitration agreement, the arbitration clause forming part of the contract, has to be treated as an agreement independent of other terms of the contract




CLB can compound certain offences under Companies Act, 1956, without permission from Court

May
8
2013


Company Law Board if so approached can compound offences and in such case no prior permission of the Court is necessary
 




FDI bone finally goes down the Centre’s neck – Consumers to get International shopping flavour

May
1
2013


Supreme Court upholding hte proposal to allow Foreign Direct Investment in Multi-brand retail trade




Victory to Local and Global Environmentalist- Niyamgiri Judgement

Apr
18
2013


Stage II clearance for the Bauxite Mining Project – Apex Court’s landmark Judgment on Mining in Niyamagiri Hills




A win-win situation for domestic Pharmecutical Concerns and Patents

Apr
1
2013


The Apex Court vides its recent judgment rejected Swiss drugmaker Novartis AG's plea for patent protection of its cancer drug Glivec.

 

 

 

 

 








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