Case Analysis

28th May, 2018

Purchaser of property for the purpose of expansion of an existing business, does not fall in the ambit of “Consumer” within the meaning of the Consumer Protection Act

In a recent pronouncement of the National Consumer Disputes Redressal Commission, New Delhi (referred to as “NCDRC” hereinafter) held that a purchaser of a commercial unit would be a consumer within the meaning of Section […]
18th May, 2018

In commercial transaction effected through several interconnected agreements, all parties are subject to the arbitration clause contained in the main agreement even if there is no arbitration clause in the ancillary agreement.

In a recent judgment, the Supreme Court held that where several parties are involved in a single commercial project executed through several interconnected agreements/contracts then all parties can be covered by the arbitration clause in […]
17th May, 2018

Readiness and willingness under Section 16 (c) of the Specific Performance Act has to be supported by documentary evidence

The Hon’ble High Court of Delhi in an appeal filed under Section 96, CPC has held that readiness and willingness as per Section 16(c) of the Specific Performance Act can only exist if the same […]
4th May, 2018

Objection about the territorial or pecuniary jurisdiction, if not taken at an earliest, the same cannot be allowed to be taken at a subsequent stage.

The National Consumer Dispute Redressal Commission held that if a party fails to raise an objection with respect to the maintainability of the complaint on the issue of lack of territorial or pecuniary jurisdiction, the […]
4th May, 2018

Whether the relief of injunction and specific performance can be said to be accruing from the same cause of action as thus hit by Order II Rule 2

The Hon’ble Supreme Court held that a plaintiff could not claim the relief of specific performance of agreement in the suit filed for permanent injunction. This was held by the Hon’ble Supreme Court in the […]
1st May, 2018

In case where the arbitral tribunal rules that it has no jurisdiction, an appeal against that order would lie under Section 37 of the Arbitration and Conciliation Act 1996.

The Hon’ble High Court of Delhi held that in a case where the Arbitral Tribunal proceeds to pass an award after overruling the objection relating to jurisdiction, the remedy lies in Section 34 of the […]
30th Apr, 2018

Maintaining Status Quo in case of an existing tenancy means continuing with the property being under rent

The Hon’ble High Court of Delhi held that in appeal filed under Section 96 of CPC that in a case wherein an order to maintain status quo has been imposed on a property already under […]
30th Apr, 2018

Legal heirs of an original tenant can be evicted on order of eviction against one of them

The Apex Court held that when original tenant dies, the legal heirs inherit the tenancy as joint tenants and occupation of one of the tenant is occupation of all the joint tenants. It was held […]
24th Apr, 2018

A bank guarantee is an independent agreement and is to be performed on its own terms

In a recent judgment, the Delhi High Court, held that the invocation of an unconditional bank guarantee cannot be interfered with unless there is fraud and irretrievable injustice. There should be a prima facie case […]
23rd Apr, 2018

A Counter Claim is an independent proceeding and cannot be dismissed merely for the reason that the arbitration proceedings are dismissed by the Arbitrator

The Delhi High Court held in a judgment that where an arbitration proceeding was dismissed for non-prosecution, the Counter Claim being a separate and independent claim is still maintainable and is bound to be decided […]
19th Apr, 2018

Commercial dispute above the specified value will be entertained by a Commercial Court even in cases where relief is not susceptible to monetary value.

In a recent judgment, the Bombay High Court reiterated that in terms of Section 10, Section 12 and Section 2(i) coupled with Section 15(2) of the of the Commercial Courts Act, where the subject matter […]
19th Apr, 2018

An Umpire under the Arbitration Act 1940 need only to review the evidence and submissions on points of disagreement between the Arbitrators.

The Hon’ble Apex court held that Article 4 of Schedule 1 of the Arbitration Act 1940 clearly states that when the Umpire enters upon a Reference, the Arbitrators become functus officio. The Umpire takes upon […]