Delhi High Court

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 […]
12th Nov, 2018

Submission of first statement on the substance of dispute amounts to waiver of arbitration clause

In a contract which provides for arbitration in case of dispute between parties, if a party files its first statement on the dispute before a court of law without resorting to Section 8 of the […]
2nd Nov, 2018

Submission of first statement on the substance of dispute amounts to waiver of arbitration clause

In a contract which provides for arbitration in case of dispute between parties, if a party files its first statement on the dispute before a court of law without resorting to Section 8 of the […]
31st Oct, 2018

Upon the tenant denying the ownership of the landlord over tenanted premises, the tenancy comes to an end

The Delhi High Court held that when a tenant denies the title of the landlord and the tenancy, the suit filed for recovery of possession is not on the basis of the relationship of landlord […]
31st Oct, 2018

Only a legal issue which affects the jurisdiction of the court can be decided as a preliminary issue under Order XIV Rule 2 of Code of Civil Procedure, 1908.

The Delhi High Court clarified that only an issue which is of a legal nature and affects the jurisdiction of the court falling within the meaning of Order XIV Rule 2 of Code of Civil […]
27th Oct, 2018

The starting point of limitation under Article 59 of the Limitation Act is the knowledge of the alleged fraud.

The Delhi High Court while determining the limitation in a suit for cancellation distinguished between the documents which are void and voidable. It was held that no limitation was prescribed in case of cancellation of […]
26th Oct, 2018

“Sufficient Cause”: When Defendant sincerely intended to remain present when suit was called on for hearing

In an application filed under Order IX Rule 13, it was opined that sufficient cause is when Defendant has bona fide intention to be present before Court when called upon to do so. This was […]
25th Oct, 2018

When a party is unable to perform a contract, being an impossible act, there is no breach

When a party is obligated to perform an act which becomes an impossible one under Section 56 of the Indian Contract Act, 1872, there is no breach of contract. This was held by the Hon’ble […]
23rd Oct, 2018

If an examinee is unable to appear for examination due to medical reasons, this will not constitute first attempt for that paper

In absence of any Ordinance or Regulations of a university, if a student is unable to appear for a paper due to medical reasons, he or should will be deemed to have not attempted the […]
18th Oct, 2018

High Court does not enjoy Appellate or Supervisory jurisdiction in adjudicating objections to Arbitration Award

A contract was granted for installation of power cables to M/s L S Cables (LSC). The contract granting company was M/s Power Grid Corporation (PGC). The agreement was signed between the parties on 22nd May, […]
17th Oct, 2018

Arbitration agreement can be retrospectively applicable if the conduct of parties indicate that they continued to do business on similar terms

This was held by the Hon’ble High Court of New Delhi in the matter of Connaught Plaza Restaurants Pvt. Ltd. v. Radhakrishna Foodland Pvt. Ltd., OMP(I)(COMM) No. 103 of 2018, on 17th September, 2018. Challenge: […]
16th Oct, 2018

In absence of any urgency, matter cannot be referred to a Commissioner for recording of evidence without the consent of parties

This was held by the Hon’ble High Court of New Delhi in the matter of Savita Devi v. Lalit Kumar, CM (M) No. 1203 of 2018, on 3rd October, 2018. Challenge: The Petitioner/wife impugns order […]