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Query: Can Indian Parties choose a Foreign Seat for Arbitration

Answer: It has been recently held by Hon’ble Supreme Court that parties to a contract who are Indian nationals or Companies incorporated in India can choose a forum for arbitration outside India. Nothing stands in the way of party autonomy in designating a seat of arbitration outside India even when both parties happen…
Query : Is reservation in promotion a Fundamental Right?

Reply: Reservation in promotion in public posts cannot be claimed as a fundamental right, the Honorable Supreme Court reiterated in a judgment recently. A Bench of Justices L. Nageswara Rao and Hemant Gupta observed that State Governments are not bound to make reservations. Even the courts could not issue a Mandamus directing States to…
Query: I had taken a loan of ₹ 5 lakhs from a private financer. At the time of advancing loan, the financer had also obtained security cheques from me. Although, the loan amount with interest has been repaid, but the financer did not return the security cheques. He misused the same by filing a false case under Negotiable Instruments Act. How should, I defend myself.

Answer: Issuance of security cheques is a good defense which is also legally acceptable. But, you have to prove that the cheques in qestion were given by way of security and the same have been misused by the complainant. As there is a presumption under section 139 of Negotiable Instrument Act that there exists a…
Directions on Motor Accident Claims by Supreme Court

The Hon’ble Supreme Court of India in its Judgment titled as Bajaj Alliance General Insurance Company Ltd. v/s Union of India & Ors Writ Petition No.534/2020 dated 16.3.2021 passed a number of directions regarding disbursement of compensation as well as speedy disposal of cases pending before the various MACTs. These directions are reproduced below: …
Does Educational Institutions fall within the ambit of the Consumer Protection Act, 1986

Reply: After the decision of Hon’ble Supreme of India in Maharshi Dayanand University Vs Surjeet Kaur (2010)11 SCC 159, it has been held that educational institutions are not a commodity. Educational institutions are not providing any kind of service, therefore, in the matter of admission, fees et cetera, there cannot be a question of deficiency…
Query : I have filed a case for dissolution of marriage/divorce on the ground of mental cruelty because my wife was making written false complaints to various authorities, will I succeed ?

Answer: For considering dissolution of marriage at the instance of a spouse who allege mental cruelty, the result of such mental cruelty must be such that it is not possible to continue with the matrimonial relationship. The wronged party cannot be expected to condone such conduct and continue to live with his/her spouse. The degree…
Query: Can the cooling off period mentioned in Section 13-B (2) of the Hindu Marriage Act, 1955 be waived of for the purposes of allowing divorce.

Answer: The cooling of period mentioned in section 13-B (2) of the Hindu Marriage Act, 1955 is directory and not mandatory, still it can be waived subject to fulfillment of certain conditions as mentioned in the judgement of the Honourable Supreme Court of India in the case, Amardeep Singh Vs Harveen Kaur, 2017 (4) RCR…
Query: My Counsel failed to produce certain important documents at the time of filing written statement can, I produce the same after the issues have been framed now.

Reply: Production of additional documents not filed along with the written statement is against Order 8, Rule 1A(3) CPC which states that a document which is not produced at the time of filing written statement, shall not be received in evidence except with the leave of the court. This leaves can be granted by the…
Query: I filed civil suit for permanent injunction to restrain defendants from interfering into my peaceful possession of shop question taken on rent from defendant. I moved an application under Order 39 Rule 1 and 2 CPC wherein trial court directed parties to maintain status quo regarding possession of shop. During pendency of suit, defendant installed a lock on the shutter of my shop in violation of status quo order. Can I get police help in getting my possession restored back in view of the order of status quo.

Reply: The trial court directed both the parties to maintain status quo regarding possession. In these circumstances, in this case you alleged that you have been dispossessed from the premises in question, it would be expected of you to lead cogent and convincing evidence to establish your possession. In case of violation of interim injunction,…
Query: My Passport is not being issued by the passport authorities due to pendency of FIR and Criminal Trial in District Court in Punjab. Can I get my passport issued?

Advice: In a recent judgment pronounced by the Honourable High Court of Punjab and Haryana, it has been reiterated that an accused is presumed to be innocent until convicted. Still further the rights of an accused does not automatically get suspended merely because he is being prosecuted in a criminal case. Still further, right to…

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