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 […]
Tag: court judgement
Sale Agreement Executed during the Pendency of the Suit hit by ‘Lis Pendens’- Kerala High Court
The case titled V. T Vijayan Vs U.Kuttuppan NairIntroductionIn the landmark judgment (Case titled as V. T Vijayan Vs U.Kuttuppan Nair), the Kerala High Court gave its specific observation stating that Sale Agreement Executed during the Pendency of the Suit is hit by ‘Lis Pendens’.The doctrine of Lis PendensThe doctrine of Lis Pendens: In simple words, […]
Limitation Period for Applying for Probate of a Will: an Analysis Based on Court Judgments
In a recent case the High Court of Calcutta has examined the question of limitation for applying for probate of a Will and has delivered a judgement on 11.06.2020.As per the facts of the case, the testator died on 13th June 1993. He had made and signed a Will on 16th April 1989.The application for […]
Can a divorce be filed outside India if marriage takes place in India?
When it comes to matrimonial matters, the Indian Diaspora across the globe often gets fuddled up in conflict of Family laws. And especially when it comes to divorce, things are assumed to get all the more hay wired.However little is it known that the position with respect to the matter pertinent is very much clear.Indeed, […]
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 […]
Evicting a tenant on the basis of personal necessity
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 […]
When can a Consumer 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 […]
Case of an NRI – 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 […]
Co-owners own every part of the joint property together
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 […]