Nomination Vs. Succession

In a recent judgement the High Court of Bombay in Shakti Yezdani v. Jayanand Jayant Salgaonkar [1]ruled that legal heirs and not the nominees will obtain the ownership rights of share certificates, effectively circumscribing the

Happy New Year – 2017

Foreign Award Unenforceable, If Arbitration Agreement Unsigned

The Delhi High Court in a recent judgement refused the enforcement of the foreign award under section 48 of the Arbitration and Conciliation Act, 1966 (“the Act”) as one party to the contract had not

SARFAESI – DRAT has no Power for Complete Waiver of the Deposit

In a recent judgment[1], the High Court of Bombay held that the Debt Recovery Appellate Tribunal (“DRAT”) had no power to completely waive the deposit required under section 18 of the Securitisation and Reconstruction of

Constitutionality of Section 56 of the Civil Procedure Code

The Bombay High Court recently dismissed a public interest litigation, which sought for a declaration that section 56 of the Code of Civil Procedure, 1908 (hereinafter referred to as the “Code”) was ultra vires being

Construction of Repugnant Clauses in a Will

The Hon’ble Supreme Court in a recent judgement in Madhuri Ghosh v. Debobrotto Dutta C.A. No. 10742/2016 held that: when in a will, a testator has bequeathed his absolute interest in the property in favour

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