Articles

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 […]
21st Nov, 2018

Application under Order II Rule 2 Code of Civil Procedure cannot be considered by court u/s 11 Arbitration & Conciliation Act, 1996

The Delhi High Court recently held that courts cannot consider the question of viability of a claim as under Order II Rule 2 of the Code of Civil Procedure, while hearing a petition under Section […]
21st Nov, 2018

The issue of limitation should be left to be adjudicated afresh, after the respondents have entered appearance in the suit.

The High Court of Delhi observed that the suit can not be rejected in limine on the ground of limitation alone. The defendants must be given a chance to put up their grounds and defences […]
20th Nov, 2018

A summary judgment may be passed, without recording evidence, if it appears that the defendant has no real prospect of defending the claim or has failed to file written statement

The Delhi High Court relying on Order XIII-A of the Commercial Courts Act, 2015 held that where the defendant has no real prospect of defending the claim, a summary judgement may be passed without any […]