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  Dispute arising out of non-renewal of the lease is arbitrable and the arbitration clause cannot be rendered otiose by refusal of the landlord to renew the lease. Supreme Court.

  • 20-August-2022
  • Daksha Legal
• 

  ‘’The dead have no rights and can suffer no wrongs’’ (G W Paton). Section 394 Cr.P.C. providing for abatement of proceedings on the death of the accused is not unconstitutional. Karnataka High Court.

  • 20-August-2022
  • Daksha Legal
• 

  A counter claim can be made only against the plaintiff and only in respect of the claim of the plaintiff. Defendant cannot make counter claim for a property not claimed by the plaintiff in the suit. Supreme Court.

  • 19-August-2022
  • Daksha Legal
• 

  Commercial suit filed without following the mandatory pre-Institution mediation under Section 12A of the Commercial Courts Act is liable to be rejected. Supreme Court

  • 19-August-2022
  • Daksha Legal
• 

  In the State of Haryana, a court in second appeal is not required to formulate a substantial question of law since the law applicable in Haryana is Section 41 of the Punjab Courts Act, 1918 and not Section 100 of CPC. Supreme Court.

  • 22-August-2022
  • Daksha Legal
• 

  When an arbitration agreement binds only one of the several persons who are parties to a dispute, the cause of action cannot be split. Arbitrator cannot be appointed in such circumstances. Karnataka High Court.

  • 19-August-2022
  • Daksha Legal
• 

  Though there is no bar for appointment of former employee as an arbitrator, if there are justifiable doubts regarding his impartiality, Court can refuse to appoint him as arbitrator. Karnataka High Court.

  • 22-August-2022
  • Daksha Legal
• 

  Every seasoned advocate trains the witnesses before they are examined in the court. Such training cannot be branded as 'tutoring the witness'. Karnataka High Court.

  • 18-August-2022
  • Daksha Legal
• 

  Complaint under Section 138 of the Negotiable Instruments Act is not maintainable only against Director of Company unless the Company is also made party to the proceedings. Karnataka High Court reiterates.

  • 19-August-2022
  • Daksha Legal
• 

  When a special penal statute does not provide for separate procedure to prosecute, proceedings under Section 154 of Cr.PC and the other relevant provisions of Cr.PC are to be followed to prosecute the accused. Kerala High Court.

  • 20-August-2022
  • Daksha Legal
• 

  RERA Act prevails over the Arbitration and Conciliation Act. When proceedings are already initiated before the RERA Authority, application for appointment of Arbitrator to decide the same dispute cannot be entertained. Karnataka High Court.

  • 18-August-2022
  • Daksha Legal
• 

  Counter criminal proceeding instituted with an ulterior motive to wreak vengeance on the complainant in the first complaint and with a view to spite him due to private and personal grudge must be quashed. Delhi High Court.

  • 22-August-2022
  • Daksha Legal