Case Analysis

28th Jan, 2024

Where maintainability of a suit is questioned, the Court should prima facie decide question of maintainability before granting interim relief.

In the matter of Asma Lateef & Anr. Vs. Shabbir Ahmad & Ors. Civil Appeal No. 9695/2013 decided by Hon’ble Supreme Court of India on 12.01.2024. Facts of the Case- Appellants who were the Plaintiff […]

4th Dec, 2023

Airlines will be bound by the timeline promised by its Agent

Rajasthan Art Emporium vs Kuwait Airways Civil Appeal no. 1906 of 2012 decided by the Hon’ble Supreme Court of India on 09.11.2023 The Appellant (hereinafter Complainant) is an exporter of handicrafts to many countries. […]

4th Dec, 2023

Writ Petitions are maintainable if insurer disallows claim de hors specific policy terms

In the matter of Mohit Kumar and Anr. v. Office of the Insurance Ombudsman and Ors., W.P.(C) 8916/2020 decided on 07.11.2023 by the Hon’ble Delhi High Court FACTS: The Petitioners in the case are a […]

25th Nov, 2023

Interpreting clauses in a contract differently amounts to re-appreciation of facts – Not permissible under Section 34, Arbitration & Conciliation Act, 1996

The Hon’ble Delhi High Court vide its judgment dated 08.11.2023 in the case of “Raghunath Builder Pvt. Ltd. vs. Anant Raj Ltd.” had the occasion to deal with whether the courts under Section 34 of […]

17th Nov, 2023

Before issuing summons u/s 138 NI Act, only prima facie view on presence of basic ingredients of the offence necessary

In the matter of Northern India Paint Colour and Varnish Co. LLP v. Sushil Chaudhary, (CRL.M.C. 2480/2023) decided by the Hon’ble High Court of Delhi on 10.11.2023 FACTS: The present appeal was filed by […]

6th Nov, 2023

Holding a medical practitioner liable for medical negligence entails a higher threshold limit

In the matter of M.A Biviji v. Sunita & Ors. (Civil Appeal No. 3975/2018) decided by the Hon’ble Supreme Court on 19.10.2023 FACTS: The present Civil Appeal was filed under Section 23 of The […]

6th Nov, 2023

Without resorting to the execution of a decree under Order XXI Rule 32 of CPC, protection as to possession of the property cannot be granted by a Court.

In the Matter of Sri. H. Dyamanagouda v Patil Eshwara Gowda decided by the Karnataka High Court on 05.10.2023. Neutral Citation: 2023:KHC:36114 FACTS The Plaintiff in Suit No. O.S.No.120/1990 obtained a decree of perpetual injunction […]

29th Oct, 2023

Advocate Commissioner cannot be appointed by the Arbitrator under Section 26 or 27 of the Arbitration and Conciliation Act, 1996 unless the person is an subject expert.

In the matter of M/s Punarnava Ayurveda Hospital Pvt Ltd V The Arbitrator for NH 66 & District Collector Facts: The present case came before Kerala High Court. In the present case the Petitioner’s land […]

28th Oct, 2023

Compensation for prolongation period can’t be granted if the Contractor didn’t reserve claim for compensation while claiming Extension of Time.

In the matter of IRCON International Ltd vs. DMRC O.M.P (COMM) 165/2023, decided by Hon’ble Delhi High Court on 9.10.2023. Facts of the case- A contract was executed between the parties for work of Supply, […]

21st Oct, 2023

Suit filed against dead person is a nullity, substitution of LR’s under Order 22 Rule 4 of the Code of Civil Procedure, 1908 is not permissible

In the matter of Laxminarayan & Ors V. Jankibai Died Through Lrs Smt. Suman @ Shakuntala & Ors decided by the Hon’ble High Court of Madhya Pradesh (Civil Revision No. 591 Of 2023) on 23.02.2023. […]

20th Oct, 2023

Interim order for deposit of entire claim cannot be ordered unless conditions of Order 38 Rule 5 are satisfied.

In the matter of Dr. Vivek Jian versus Prepladder Private Ltd., OMP(I) COMM. 397 OF 2022 decided by the Hon’ble High Court of Delhi on 09.10.2023. Universal citation: 2023 DHC 7263 FACTS: The parties […]

21st Feb, 2023

No clash of interest involved when the adjudicating Arbitrator had accepted brief of party’s lawyer in an unrelated matter previously

In the matter of Quess Corp versus Netcore Cloud Pvt Ltd (Arbitration Petition (L) No. 24705 OF 2022) decided by the Hon’ble Bombay High Court on 17.01.2023 FACTS: After certain disputes arose between the […]

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