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Advocate Sushila

<b>supreme</b> <b>Court</b> HOLDS THAT INCORPORATING ONE SIDED AND UNREASONABLE CLAUSES IN A BUILDER BUYER’S AGREEMENT CONSTITUTES AN UNFAIR TRADE PRACTICE
The Three Judge Bench of the Hon’ble #supremeCourt of India comprising of Justices Dr. Dhananjaya Y Chandrachud, Indu Malhotra and Indira Banerjee passed a Judgment dated 11-01-2021 in the case of Ireo Grace Realtech Pvt. Ltd. v. Abhishek Khanna &…

Advocate Sushila

<b>supreme</b> <b>Court</b> HOLDS THAT A CONDITIONAL CONTRACT IS CONCLUDED WHEN THE CONDITION IS ACCEPTED ABSOLUTELY
Recently, the #supremeCourt of India in the case of Padia Timber Company (P) Ltd. v. Visakhapatnam Port Trust (2021 SCC Online SC 1), vide its Judgment dated 05-01-2021 held that the #acceptance of a #conditionaloffer with a further #condition results…

Advocate Sushila

<b>supreme</b> <b>Court</b> HOLDS THAT FIXING NOTIONAL INCOME FOR A HOMEMAKER IS IMPERATIVE FOR SOCIAL EQUALITY
The Three Judge Bench of the Hon’ble #supremeCourt of India comprising of Justices NV Ramana, S Abdul Nazeer and Surya Kant passed a Judgment dated 05-01-2021 in the case of Kirti & Anr. Etc. v. Oriental Insurance Company Ltd. {Civil…

Advocate Sushila

<b>supreme</b> <b>Court</b> REITERATES PRINCIPLES OF EXERCISE OF WRIT JURISDICTION IN CASE OF ARBITRABLE DISPUTES
The #supremeCourt has in a recent case of Bhaven Construction Vs Executive Engineer Sardar Sarovar Narmada Nigam Ltd. and Anr passed a Judgment dated 06-01-2021 and reiterated the principles of exercise of #writ #jurisdiction by #HighCourt in a case where…

Advocate Sushila
Advocate Sushila Ram 21 Dec 2020

<b>supreme</b> <b>Court</b> HOLDS THAT LEASE DISPUTES ARE ARBITRABLE IF NOT GOVERNED BY A SPECIAL STATUTE
The object of the #Arbitration and Conciliation Act, 1996 (the ‘Act, 1996’) is to provide an #alternative redressal mechanism to resolve the #disputes and to reduce the intervention and burden on the #Courts in India. However, the Act does not…

Advocate Sushila
Advocate Sushila Ram 14 Dec 2020

<b>supreme</b> <b>Court</b> HOLDS THAT EMPLOYEES PROVIDENT FUND ACT APPLIES TO PRIVATE SECURITY AGENCIES
The provisions of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (‘EPF’ Act) are applicable to establishments employing 20 or more persons or class of such establishments, which the Central Government may notify.To read more, please visit the link…

Advocate Sushila

<b>supreme</b> <b>Court</b> HOLDS TRANSFER OF WINDING UP PROCEEDINGS TO NCLT CAN BE SOUGHT BY ANY CREDITOR OF THE CORPORATE DEBTOR
One of the objectives of the #Insolvency and Bankruptcy Code 2016 (‘#IBC’) is to reorganize insolvent Corporate Persons, Partnership Firms and Individuals in a time-bound manner for maximization of value of assets of such persons. To read more, please visit…

Advocate Sushila
Advocate Sushila Ram 14 Dec 2020

<b>supreme</b> <b>Court</b> RETERIATES THAT RIGHT TO PROPERTY IS A VALUABLE CONSTITUTIONAL RIGHT
The object of the Requisitioning and Acquisition of Immovable Properties Act, 1952 (‘the Act’) was to enable the Union of India (‘Union’) to requisition or acquire immovable property if the competent authority was of the opinion that any property was…

Advocate Sushila

<b>supreme</b> <b>Court</b> ISSUES GUIDELINES ON PAYMENT OF MAINTENANCE IN MATRIMONIAL DISPUTES
The Two Judge Bench of the Hon’ble #supremeCourt of India comprising of Justices Indu Malhotra and R. Subhash Reddy passed a Judgment dated 04.11.2020 in the case of Rajnesh v. Neha & Anr. (Criminal Appeal No. 730 of 2020) and…

Advocate Sushila
Advocate Sushila Ram 18 Oct 2020

<b>supreme</b> <b>Court</b> REITERATES THAT NON-OBSERVANCE OF PRINCIPLES OF NATURAL JUSTICE WILL NOT RENDER THE PROCEEDINGS INVALID
A Three Judge Bench of the Hon’ble #supremeCourt comprising of Justice RF Nariman, Justice Navin Sinha and Justice KM Joseph passed a Judgment dated October 16, 2020 in the case of State of U.P. v. Sudhir Kumar Singh (Civil Appeal…
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