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  • 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
  • Article

    Supreme Court: If A Signed Blank Cheque Is Voluntarily Presented To A Payee, Towards Some Payment, The Payee May Fill Up The Amount And Other Particulars. This In Itself Would Not Invalidate The Cheque

    Recently, the Supreme Court of India in its judgment dated 6th February, 2019 in the matter Bir Singh v. Mukesh Kumar [Criminal Appeal Nos. 230-231 of 2019 in SLP (Criminal) Nos. 9334-35 of 2018] ...
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Delay Cannot Be Raised As A Ground For Repudiation For The First Time Before Consumer Forum

    The Supreme Court of India in its decision in Saurashtra Chemicals Ltd. v. National Insurance Co. Ltd., [Civil Appeal No. 2059 of 2015] held that if the insurer has not taken delay in intimation on the part of the insured ...
    IndiaCorporate/Commercial Law
    M Mulla Associates
    M Mulla Associates
  • Article

    An Auction Sale By A Bank Can Be Cancelled Only If An Auction Purchaser Defaults In Payment Of Balance Consideration

    The Supreme Court of India in a recent decision in IDBI Bank Vs Ramswaroop Daliya and Ors., held that the period to deposit the balance sale consideration, as provided under the Security Interest (Enforcement) Rules, 2002, was not sacrosanct ...
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    The Limitation Period For Filing A Suit For Recovery By A Bank Should Be Computed From The Date On Which The Loan Recall Notice Was Issued

    The Delhi High Court in its decision in Kulbhushan Sachdev Vs ICICI Bank and Anr. , inter alia observed the limitation period for filing a suit for recovery by a bank would be computed from the date on which...
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    The Micro, Small And Medium Enterprises Act, 2006 Would Only Apply When The Supplier Is A Registered Msme At The Time Of Execution Of Contract

    The Supreme Court in its decision in M/s Vaishno Enterprises v. Hamilton Medical AG & Anr. , observed that the jurisdiction of the Micro, Small and Medium Enterprises Council...
    IndiaCorporate/Commercial Law
    M Mulla Associates
    M Mulla Associates
  • Article

    Consent Of The Plaintiff For Pre Institution Mediation Proceedings Under Section 12a Of The Commercial Courts Act, 2015, Is Irrelevant If The Defendant Itself Refuses To Move Forward With It

    The Delhi High Court in a recent decision in Kapil Goel v. Ram Dulare Yadav observed that consent of the Plaintiff for institution of Pre Mediation Proceedings under Section 12A...
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Services Rendered By An Advocate Do Not Come Within The Scope And Ambit Of Commercial Disputes As Defined Under The Commercial Courts Act, 2015

    The Delhi High Court in a recent decision in Atmastco Ltd. Vs Mandeep Kalra, held that a dispute between a lawyer and his client where the former was seeking recovery of professional fees, could not be held to be a ‘commercial dispute' withing the meaning of Section 2(1)(c)(xviii) of the Commercial Courts Act, 2015.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Hotels Cannot Contract Out Of Liability For Negligence Of Its Servants In Respect Of Vehicle Of Its Guest

    The car was insured with the Respondent No. 1-insurer.
    IndiaMedia, Telecoms, IT, Entertainment
    M Mulla Associates
    M Mulla Associates
  • Article

    The Sole Director Of A One Person Company Cannot Be Called Upon To Discharge The Obligations Of The Said Company

    The Bombay High Court in its decision in Saravana Prasad vs. Endemol India Private Limited & Anr with Innovative Film Academy Pvt. Ltd. vs. Endemol Indi Private Limited & Anr., inter alia held that Section 2(62) of the Companies Act, 2013, defines a One Person Company as a company which has only one person as a member.
    IndiaCorporate/Commercial Law
    M Mulla Associates
    M Mulla Associates
  • Article

    A Court's Jurisdiction Can Be Invoked In Cases Of Unconditional Bank Guarantee Only When There Is Irretrievable Injustice Or Not The Slightest Chance Of Recovery

    The said Agreements required Cethar to furnish an advance as well as performance bank guarantees.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    A Relief For Permanent Injunction Cannot Be Granted On The Basis Of An Unregistered Document Or Agreement To Sell

    The Apex Court further observed that a relief cannot be got indirectly which otherwise could not have been got in a suit for substantive relief.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    A Sale Voidable At The Instance Of A Person Interested Can Only Be Set Aside By Way Of A Suit

    The Bombay High Court in the decision of Subhash Amolakchand Gandhi Vs Superintendent, Mumbai City survey and Land Records and Anr., inter alia held that in respect of any voidable transaction, a person claiming adverse title or interest in a property ...
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Powers Of Court Under Section 482, Code Of Criminal Procedure, 1973 To Quash Criminal Proceedings Of Non-Compoundable Offences

    The court observed that the High Court should examine whether there is a strong possibility of conviction or not.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    A Builder's Failure To Obtain An Occupation Certificate Amounts To Deficiency In Service Under The Consumer Protection Act, 1986

    The failure of a builder to obtain an occupation certificate amounts to a deficiency in service under the Consumer Protection Act, 1986.
    IndiaConsumer Protection
    M Mulla Associates
    M Mulla Associates
  • Article

    A Sale Deed Is Not A Document Issued By A Revenue Authority Or Any Government Authority Which Would Certify The Agricultural Nature Of The Land

    The Delhi High Court in Pr. Commissioner of Income Tax Delhi-11 Vs Ms. Sangeeta Jain, held that a sale deed primarily reflects a transaction between the parties and the terms of sale, but it does not, in itself, verify the land's classification as agricultural for the taxation purposes.
    IndiaTax
    M Mulla Associates
    M Mulla Associates
  • Article

    The True Purpose Of Section 138 Of The Negotiable Instruments Act, 1881, Would Not Be Fulfilled, If The Term ‘Debt Or Other Liability' Is Interpreted To Include Only A Debt That Exists As On The Date Of Drawing Of The Cheque

    The Apex Court in its recent decision in Sunil Todi and Ors. vs State of Gujarat and Anr. held that merely labelling a cheque as a security would not obviate its character as an instrument designed to meet a legally enforceable debt or liability.
    IndiaCorporate/Commercial Law
    M Mulla Associates
    M Mulla Associates
  • Article

    Arbitration Clause Prevails Over Exclusive Jurisdiction Clause

    The Delhi High Court in its decision in M/s KLA Const. Technologies Pvt. Ltd. vs M/s Gulshan Homz Private Limited inter alia held that the designation of a seat of arbitration carries with it exclusive supervisory jurisdiction...
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    What Constitutes As Non-Est Filing For The Purposes Of Calculating Period Of Limitation

    The High Court of New Delhi in its recent decision in Ambrosia Corner House Private Limited v. Hangro S Foods held that while considering whether a filing should be considered 'non-est'...
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    The Concept Of Gift Under Muhammadan Law And Its Registration

    Recently, the Government of Maharashtra made an announcement which reiterated the position under Muhammadan law that a Muhammadan may gift immovable property without registration of such gift.
    IndiaReal Estate and Construction
    M Mulla Associates
    M Mulla Associates

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