Case Analysis

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 […]
16th Nov, 2018

Insurance Companies not Liable to Pay Compensation to Unauthorized Passengers for Motor Vehicle Deaths/ Injuries

The Madras High Court recently reiterated that insurance companies cannot be held liable to compensate for deaths or injuries of unauthorized/ gratuitous passengers in goods or transport vehicles. The said decision was held in the […]
15th Nov, 2018

Suit for Mere Injunction not maintainable when Defendant can successfully raise cloud over Plaintiff’s title

The Supreme Court has reiterated that a suit for bare injunction would not be maintainable when a defendant could successfully raise cloud over the title of the Plaintiff. The said decision was made in the […]
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 […]