Articles

8th Dec, 2018

An ex-parte judgment cannot be set aside by simply blaming the previous counsel.

The Hon’ble High Court of Delhi rejected the contention of the Appellant challenging the dismissal of his application under Order IX Rule 13 by the Trial Court. The Delhi Court held that the litigant owes […]
7th Dec, 2018

Dispute raised for first time in reply about quality of goods will not constitute preexisting dispute about operational debt under Insolvency and Bankruptcy Code, 2016

The National Company Law Appellate Tribunal has held that a dispute raised for the first time in reply to demand notice or in response to Adjudicating Authority regarding quality of goods will not amount to […]
6th Dec, 2018

Disposal of suit under Order XXIII Rule 3 & Mediation and Conciliation Rules of 2004: a written agreement and signed by parties to the suit

In a recent judgment, the Delhi High Court observed in a reference under Section 113 of the Civil Procedure Code, 1908 on the Mediation and Conciliation Rules of 2004, that if there exists an agreement […]
5th Dec, 2018

Parties to a dispute cannot invoke arbitration jurisdiction of a designated officer for Dispute Resolution under an Agreement if such officer is not designated to act as an Arbitrator in itself.

The Apex Court in a recent matter held that if there is no specific mention of arbitration as a mode of dispute resolution in the Agreement itself, then implying a ‘Designated Officer’ to act as […]
4th Dec, 2018

An unregistered Agreement to Sell, not even along with the proper stamp duty, cannot be accepted as a complete sale.

The Hon’ble Supreme Court of India rejected the contention of the Appellant/ Original Plaintiff that the agreement to sell was a complete sale and it was to be considered as a sale deed because the […]
3rd Dec, 2018

Despite showing sufficient cause, party is not entitled to condonation of delay as a matter of right

In a recent judgment, the National Consumer Disputes Redressal Commission, while reiterating the decision of the Apex court in Ram Lal & Ors. V. Rewa Coalfields Ltd., AIR 1962 SC 361, held that in case […]
26th Nov, 2018

Section 24 of CPC cannot be invoked to transfer proceedings instituted under a Special Act like the Motor Vehicles Act, 1988

The Allahabad High Court recently held that Section 24 of CPC shall have no applicability to a motor accident claim petition pending before a Motor Accident Claims Tribunal. The judgment was passed by the Allahabad […]
24th Nov, 2018

Realisation of an unconditional bank guarantee cannot be prevented by way of an injunction except on the ground of fraud or irretrievable injury

The Delhi High Court has held that a bank guarantee cannot be injuncted from being encashed on the pretext that the condition for enforcing the bank guarantee in terms of the agreement entered between the […]
23rd Nov, 2018

In a summary suit, defendant is entitled to unconditional leave to defend only if triable issues or a substantial defense is raised

In a summary suit, if the defense taken by the defendant is substantial in nature or if the issues so raised appear to be genuine and triable, the Plaintiff will not be entitled to judgment […]
23rd Nov, 2018

Order II Rule 2 CPC is applicable to claims relating to the same cause of action.

The Hon’ble High Court of Delhi held that the subsequent suit for restraining passing off is not barred under Order II Rule 2 of the Code of Civil Procedure 1908, as the cause of action […]
22nd Nov, 2018

Section 34 of CPC empowers the Court to grant post award interest even where the statute does not provide for payment of interest on awarded sum

The Delhi High Court has taken a view that Court has power to grant interest in the decree under Section 34 CPC even in cases where the statute does not make any specific provision for […]
22nd Nov, 2018

Rounding off Railway fares by Indian Railways and IRCTC prima facie abuse of dominance

The Competition Commission of India has made a prima facie finding that the practice of Railways to round off the base price to the next higher multiple of 5 for tickets booked online through IRCTC […]