Legal Alerts
Court has power to reduce interest rate specified in contract and to award the reasonable rate if it is found penal or excessive.
The Supreme Court held that “A suit for specific performance cannot be dismissed on the sole ground of delay or laches. However, an exception to this rule is where an immovable property is to be sold within a certain period, time being of the essence, and it is not...
Writs under Article 226 can be filed in contractual matter where the other party in Contract is State or its instrumentalities.
The Supreme Court in UNITECH Limited & Ors. Vs. Telangana State Industrial Infrastructure Corporation (TSIIC) & Ors., dated 17.02.21 held that “It is necessary to postulate that recourse to the jurisdiction under Article 226 of the Constitution is not excluded...
Parties can withdraw court fees even in case of private settlements.
The Supreme Court in the High Court of Judicature at Madras, Rep. by its Registrar General Versus M.C. Subramaniam & Ors., dated 17.02.21 held that “thus, in our view, the High Court was correct in holding that Section 89 of the CPC and Section 69A of the 1955 Act...
High Courts can decide second Appeals on question of fact.
The Supreme Court in Municipal Committee, Hoshiarpur vs. Punjab State Electricity Board, (2010) 13 SCC 216 has decided that “There is no prohibition on entertaining a second appeal even on a question of fact provided the court is satisfied that the findings of fact...
The Order of framing charge or refusing discharge can be interfered by the High Court under the power of its inherent jurisdiction in Section 482 in the interest of Justice.
The Supreme Court in Sanjay Kumar Rai Vs. State of Uttar Pradesh, dated 07.05.21, held that “The correct position of the law laid down in Madhu Limaye (supra), thus is that orders framing charges or refusing discharge are neither interlocutory nor final in nature and...
Future Income of Self-employed deceased is to be calculated after addition of 40% as future prospects in present income to make the basis for the calculation of Compensation in Motor vehicle Accident.
The Supreme Court in Rahul Sharma Vs. National Insurance Co. Ltd., dated 07.05.21 reiterated that “This Court in a Five Judge Bench decision in National Insurance Co. Ltd. Vs. Pranay Sethi (2017) 16 SCC 680, clearly held that in case the deceased is self-employed and...