Case Analysis

18th Dec, 2018

Jurisdiction to execute foreign arbitration award continues with the High Court, despite the change in pecuniary jurisdiction as per 2015 amendment to Delhi High Court Act

The Delhi High Court has held that jurisdiction to execute foreign arbitration award continues with the High Court, despite the change in pecuniary jurisdiction as per 2015 amendment to Delhi High Court Act. The said […]
15th Dec, 2018

Any Challenge to appointment of Arbitrator should be raised before the Arbitrator himself in the first instance

The Supreme Court has held that any challenge to the arbitrator appointed should be raised before the arbitrator himself under Section 13 of the Arbitration and Conciliation Act 1996 in the first instance and thereafter […]
12th Dec, 2018

The Registrars/ Joint Registrars of Delhi High Court cannot grant leave to a party for production of its own documents beyond the stage prescribed for production.

The Hon’ble High Court of Delhi while interpreting Rule 3 of the Delhi High Court Rules 2018 read with Orders VII, VIII and XI of the Code of Civil Procedure 1908 held that in the […]
11th Dec, 2018

Order XXXIX Rule 10 is applicable where a party to suit admits that he holds money as a trustee for another party

In a recent judgment, the Delhi High Court, held that enjoyment of a property without payment of any charges by the occupier who is not an owner is impermissible. The said ruling was delivered in […]
10th Dec, 2018

Revision Petition against Appeal in Enforcement Proceedings in Consumer Complaint not maintainable

The Delhi High Court has ruled that a revision petition is not maintainable against an appeal in enforcement proceedings in a consumer dispute. The said ruling was held in the matter of K.A Nagamani Vs. […]
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 […]