Upadhyay Law Associates

08/09/2025

27/08/2025

The Supreme Court observed there is no distinction between suing a proprietorship in its trade name or in the proprietor's name, since the firm has no independent legal status and is inseparable from its owner.

“Whether proprietorship concern is sued in its name or through its proprietor representing the concerned is one of the same thing.”, the court said.

Holding thus, the bench comprising Justices Vikram Nath and Sandeep Mehta set aside the Andhra Pradesh High Court's decision which held that the suit against the proprietorship firm would be maintained against its trade name, and not in the name of the proprietor concern.

25/07/2025

Refusal To Have Physical Relationship & Making Allegation Of Extra-Marital Relation Is Cruelty: Bombay High Court

The Bombay High Court has upheld an order granting divorce to a couple living separately for over a decade, while also observing that the refusal to have a physical relationship and making allegations of extra-marital relations is cruelty by the wife. In this case, before the Bombay High Court, despite the parties undergoing mediation innumerable times, the matrimonial matter was not resolved.

18/06/2025

Dishonour Of Cheque Due To Subsequent Freezing Of Drawer's Bank Account Can't Lead To Prosecution U/S 138 NI Act: Delhi High Court