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  • Article

    A "Mutual Will" Comes Into Force Upon The Death Of Either Of The Joint Testators

    In a recent decision of the Delhi High Court in Vickram Bahl & Anr. v. Siddhartha Bahl & Anr., it was held that a mutual will comes into effect after the death of either of the joint testators.
    IndiaReal Estate and Construction
    M Mulla Associates
    M Mulla Associates
  • Article

    In A Suit For Specific Performance A Power Of Attorney Holder Of The Plaintiff Cannot Give Evidence On The Readiness And Willingness Of The Plaintiff To Perform The Contract

    The Apex Court in its decision in Rajesh Kumar v. Anand Kumar & Ors observed that a Power of Attorney Holder is not entitled to depose in place and instead of the plaintiff (principal).
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Whether Limitation Can Be Decided As A Preliminary Issue Under Section 9A Of The Code Of Civil Procedure

    Recently, a full bench of the Supreme Court of India in its decision in Nusli Neville Wadia v. Ivory Properties & Ors., [SLP (Civil) Nos. 31982 – 31983 of 2013] held that under the provisions of Section 9A and ...
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    A Karta Has A Right To Alienate Joint Hindu Family Property For Legal Necessity And Is Binding On Other Coparceners

    The Apex Court in a recent decision in Beereddy Dasaratharami Reddy Vs V. Manjunath and Another observed that the right of a karta to execute an agreement to sell or sale deed of a joint hindu family property...
    IndiaReal Estate and Construction
    M Mulla Associates
    M Mulla Associates
  • Article

    A Director Or Partner Cannot Be Held To Be Vicariously Liable For A Criminal Offence Under The Negotiable Instruments Act, 1881 (1) Merely Because Of Being A Director Or Partner Of The Company Or Firm And (2) In Cases Where The Company Or Firm As A Principal Offender Has Not Been Made An Accused In The Proceedings

    The Apex Court in its recent decision in Dilip Hiraramani v. Bank of Baroda held that under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881...
    IndiaCorporate/Commercial Law
    M Mulla Associates
    M Mulla Associates
  • Article

    Proving Of Wills In Suspicious Circumstances Before A Probate Court

    The Apex Court dealt with the issue of "suspicious circumstances" that could render the Will unenforceable, in a Special Leave Petition in the case of Kavita Kanwar v. Pamela Mehta & Ors.
    IndiaFamily and Matrimonial
    M Mulla Associates
    M Mulla Associates
  • Article

    Limitation Period For An Administration Suit

    The Bombay High Court in its decision in Sajanbir Singh Anand and Ors. v. Raminder Kaur Anand and Ors., 2018 (3) BOMCR 740 held that there cannot be a straitjacket formula...
    IndiaFamily and Matrimonial
    M Mulla Associates
    M Mulla Associates
  • Article

    A Written Statement Must Necessarily Deal With The Allegations In The Plaint Paragraph Wise

    The Apex Court in a recent decision in Thangam and Another vs Navami Ammal, inter alia observed that Order VIII Rule 3 and Rule 5 of the Civil Procedure Code, 1908, required specific admission and denial of the pleadings in the plaint.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Delay In Filing An Appeal From An Order Of The NCLT Beyond The Period Of 90 Days Cannot Be Condoned – Supreme Court

    The Supreme Court discussed the provisions of Sections 421 and 433 of the Companies Act, 2013 which provide for filing of appeals from the orders of the National Company Law Tribunal (NCLT) within a period of 45 days with a further grace period of 45 days.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Where A Deed Of Sale Has Been Duly Executed, Registered And The Payment Of Consideration Has Been Endorsed On It, It Would Amount To A Full Transfer Of Ownership

    The Apex Court in a recent decision in Damodhar Narayan Sawale (D) through LRs. versus Shri Tejrao Bajirao Mhaske and Ors.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Compromise Decree Requires No Registration If It Does Not Take In Property That Is Not Subject Matter Of Suit

    The Supreme Court of India in its recent decision in Mohammade Yusuf & Ors V. Rajkumar & Ors. observed that a compromise decree does not require registration if it does not take in property that is not the subject-matter of the suit.
    IndiaReal Estate and Construction
    M Mulla Associates
    M Mulla Associates
  • Article

    A Stay Order Granted In Any Proceedings Would Not Automatically Stand Vacated On The Expiry Of A Particular Period Until And Unless An Application To That Effect Was Filed By The Other Side And Was Decided Following The Principles Of Natural Justice By A Speaking Order

    By an order dated 1st December 2023, a three Judge Bench of the Apex Court expressed a view that a decision of the Apex Court in the case of Asian Resurfacing of Road Agency Private Limited and Anr. vs. Central Bureau of Investigation required reconsideration by a larger Bench.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Issuing Cheque Subsequent To Closing Of The Bank Account Would Amount To The Offence Of Cheating Under Indian Penal Code,1860

    The Kerala High Court in its decision in T.O. Souriyar vs. Muttom Abdulla Kanjirathinkal House and Ors. observed that the actions of a person issuing a cheque...
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Extending Frontiers Of International Commercial Arbitration In India

    This growing trend has spurred the growth of International Commercial Arbitration in India.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Once Stamp Duty Is Paid On A Development Agreement, Then No Stamp Duty Is Payable On A Permanent Alternate Accommodation Agreement Being An Incidental Document

    The Bombay High Court in a recent decision in Adityaraj Builders vs The State of Maharashtra and Ors. observed that once a Development Agreement has been stamped, then a Permanent Alternate Accommodation Agreement is only an incidental document ...
    IndiaReal Estate and Construction
    M Mulla Associates
    M Mulla Associates
  • Article

    The Contract Of Tenancy Is An Independent Contract Than The Joint Hindu Family Business

    A three Judge Bench of the Supreme Court in its decision in Kiran Devi vs. The Bihar State Sunni Wakf Board & Ors.
    IndiaReal Estate and Construction
    M Mulla Associates
    M Mulla Associates
  • Article

    Arbitration In India – The Way Forward

    The 2015 amendments to the Arbitration and Conciliation Act, 1996 were aimed at encouraging dispute resolution through arbitration and promoting arbitration as a quick and effective alternative...
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Immovable Property Must Be ‘Used Exclusively' To Fall Under The Commercial Courts Act: Supreme Court

    The Supreme Court vide its Order dated 4th October, 2019 in Ambalal Sarabhai Enterprises Ltd. vs. K.S. Infraspace LLP & Anr. [Civil Appeal No. 7843 Of 2019] has held that in order to fall...
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    A Power Of Attorney Is To Be Construed Strictly

    The Apex Court in Mrs. Umadevi Nambiar v/s Thamarasseri Roman Catholic Diocese Rep. by its Procurator Devssia's Son Rev. Father Joseph Kappil observed that a power of...
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Transfer Of Tenancy Right Does Not Mean Creation Of New Tenancy

    The Bombay High Court in a recent decision in Alice Realties Pvt. Ltd. v/s State of Maharashtra and Others observed that in the event of a mere transfer of a tenancy...
    IndiaReal Estate and Construction
    M Mulla Associates
    M Mulla Associates

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