March 17, 2022

Lesser/Lessee Disputes whether Arbitrable

Lesser, Lessee Disputes whether Arbitrable Vidya Drolia and Ors vs Durga Trading Corp

IntroductionIn the month of December 2020, a Judgement was passed by a 3-Judge Bench of the Hon’ble Supreme Court in the matter of Vidya Drolia & Ors. V. Durga Trading Corporation, which has put rest to the controversies that have been revolving around the concept of Arbitration Law Jurisprudence ever since the Act of 1996 […]

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August 3, 2017

Nomination is not a WILL

Nomination-is-not-a-WILL

If you die intestate (without leaving a WILL document), The Natural law of succession will prevail The Court in present case once again had to decide between Morality and Law and settled that law prevails. The matter before the court was in relation to Relinquishment of Succession Right when Heirs have separated themselves from Deceased […]

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July 25, 2017

Evicting a tenant on the basis of personal necessity

Judgement against the tenant

The landlord can now seek eviction on the ground of bona fide requirement of tenanted premises for the purposes of the business requirement of the son, daughter or any other member of the family dependant on him or her.The High Court has held in the case of  Bhupinder Singh Bawa v. Asha Devi  that there […]

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July 20, 2017

When can a Consumer file a complaint?

Consumer can file a complaint

The time period for filing a complaint for a consumer from the date of violation of a right is 2 years. The law in this regard is laid down in Sec24-A of Consumer protection act of 1986The Supreme Court however in this Landmark Judgement of National Insurance Company Ltd. Vs. Hindustan Safety Glass Works Ltd. has […]

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July 11, 2017

Case of an NRI – Court judgement against property developer

Court judgement against property developer

In the present matter, the Complainant booked a Residential floor in the Project ‘Omaxe Cassia’ of the Developers. The Allotment letter (26.07.2012) provided that the floor would be delivered within 24 months from the date on which Agreement will come into effect but not later than 30 months (25.01.2015). The Complainant paid about Rs.51 lacs […]

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July 11, 2017

Co-owners own every part of the joint property together

Landmark Judgement on Property Ownership

The Apex court once again upheld it’s principle that co-owners of a joint property enjoy the ownership of the whole property along with other joint owners.A layman’s explanation of this judgment can be expressed in the following method. Let us say that A and B are co-owners of a joint property. Now the joint property […]

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