In contracts of employment, often certain clauses are inserted in the agreement which are in the form of negative covenants that bind the employee to the company for a particular period of years and debars the employee for such period from seeking employment in another firm which is carrying on a similar trade practice to… Continue reading Validity of Employment Bonds in India
Author: Daksh Pandit
Daksh is a lawyer and an avid reader. You can reach him at daksh.lawyer@gmail.com.
Views expressed in the Article are of the Author and need not be construed as an absolute authority on the subject under discussion.
Validity of an unregistered Agreement to Sell for an Immovable Property
The Transfer of Property Act 1882 [“the Act”] governs the transfer of property, whether moveable or immoveable and inter alia provides rights and liabilities of the parties, privy to such transfer. In order to give effect to transfer of an immovable property, it is essential that the Agreement to Sell by which the immoveable property… Continue reading Validity of an unregistered Agreement to Sell for an Immovable Property
Essence of Time in cases of Immovable Property
In matters relating to immovable property, there is a general presumption that time is not the essence of contract i.e. there is no time limit per se within which the contract relating to an immovable property is to be performed. The aforesaid position of developed in the first half of the twentieth century when prices… Continue reading Essence of Time in cases of Immovable Property
Law on Adverse Possession
The Law on adverse possession has its origin in one of the oldest codes of law viz. “the code of Hammurabi” prevalent in the ancient Babylon in Mesopotamia approximately 2000 years before Christ era. Law 30 in the said code contained the following provision – “if a chieftain or a man leaves his, house, garden… Continue reading Law on Adverse Possession
Discriminatory devolution of property under Hindu Succession Act, 1956
The Hindu Succession Act, 1956 [“the Act”] governs the intestate succession and applies to any person who is Hindu, Buddhist, Jain, or Sikh by religion or to any other person who is not a Muslim, Christian, Parsi or Jew by religion. An “intestate” refers to a person who has died without making a will, indicating… Continue reading Discriminatory devolution of property under Hindu Succession Act, 1956
Interpretation of the term “Court” in Section 29A(4) of the Act | Arbitration
Section 29A of the Arbitration and Conciliation Act, 1996 [“The Act”] was inserted in the Act vide Arbitration and Conciliation (Amendment) Act 2015 with the objective to facilitate expeditious disposal of cases with minimum court intervention. The machinery of Section 29A mandates that an Arbitral Award must be made within a period of 12 months… Continue reading Interpretation of the term “Court” in Section 29A(4) of the Act | Arbitration
Paris of Hemingway, Sylvia Beach and the Lost Generation
On November 11, 1918, the armistice was signed between the Entente-The Allies and their last remaining opponent, Germany, bringing the World War 1 to an abrupt end. The War had ruined France. It has been estimated that close to eight million acres had been reduced to desert, as well as major portions of transport system,… Continue reading Paris of Hemingway, Sylvia Beach and the Lost Generation
Determinability of Contracts under Specific Relief Act, 1963
Section 14 of the Specific Relief Act, 1963 [“the Act”] sets out classes of contracts which are not specifically enforceable under the Act viz.- Where a party to the contract has obtained substituted performance of contract in accordance with the provisions of Section 20; A contract the performance of which involves the performance of a… Continue reading Determinability of Contracts under Specific Relief Act, 1963
Whether simultaneous Complaints can be filed before RERA and Consumer Court
The genesis of the proposition is in a judgment rendered by the Hon’ble Punjab and Haryana High Court in the matter of Experion Developers Pvt. Ltd vs State of Haryana and Ors whereby the High Court paved the way for Homebuyers to simultaneously pursue their Complaints before the RERA and the Consumer Courts. Prior to… Continue reading Whether simultaneous Complaints can be filed before RERA and Consumer Court
Maintainability of Writ Petitions in the wake of availability of alternative remedy
Sustainability of Writ Petitions filed before the High Court in the wake of availability of statutory or an alternative remedy is a matter of great debate which has absorbed copious amount of judicial time of courts across the country. As a matter of principle, the High Court ought not to entertain a writ petition when… Continue reading Maintainability of Writ Petitions in the wake of availability of alternative remedy
Maintainability of Application U/s 14 once Application U/s 13(2) is rejected by the Tribunal | Arbitration
In arbitration proceedings the impartiality of the arbitrator and the fact that he/she is eligible to perform their duties is of paramount importance as the same becomes a subject matter of challenge u/s 12,13, and 14 of the Act. Section 12 envisages the grounds upon which the appointment of an arbitrator can be challenged followed… Continue reading Maintainability of Application U/s 14 once Application U/s 13(2) is rejected by the Tribunal | Arbitration
The Group of Companies Doctrine
It is a settled principle of Contract law that a third party or a non-signatory to an agreement cannot be held liable for any consequences emanating from a binding contract between/among the signatories to the contract. The aforesaid principle flows from doctrine of privity which means that a contract cannot confer rights or impose liabilities… Continue reading The Group of Companies Doctrine
Seat vs Venue | Arbitration
Two significant judgments of the Supreme Court govern the law in this field of arbitration viz.- i. Bhatia International vs Bulk Trading [“Bhatia”] A three judge bench of the Supreme Court held that the provisions of part 1 of the Arbitration and Conciliation Act [“the Act”] shall also apply to all arbitrations held out of… Continue reading Seat vs Venue | Arbitration
Scope of Judicial intervention at reference stage | Arbitration
The Arbitration and Conciliation Act, 1940 equipped courts with unbridled powers to supervise the arbitration proceedings inviting the ire of litigants who, in the search of an alternative forum, seeking speedy resolution of their disputes, found themselves in the conundrum of endless judicial interference in the realm of arbitratio