Civil Procedure Code 1908
‘Forcing to file written statement during mediation will hamper entire mediation process’: Delhi HC excludes time spent in mediation for calculating limitation to file written statement
Forcing the parties to file a written statement or to complete the pleadings during the process of mediation will prevent the parties in freely communicating with each other, which they have not been able to do since the dispute started.
2024 SCC Vol. 9 Part 2
Civil Procedure Code, 1908 — S. 20 — Civil suit — Maintainability — Issue of territorial jurisdiction — Adjudication of, as preliminary issue
Consumer Commissions have power to act as Judicial Magistrate for trial of offences, which includes power to issue arrest warrants: Delhi HC
The question here is not about past wrongs, it is about the present failure to comply with a legally binding order. The Consumer Protection Act, 2019 is explicit on this point, that those in charge of a company during non-compliance are accountable. By holding a directorial position during this period, the petitioner is naturally included in this responsibility.
‘Acted in irresponsible and negligent manner while defending its case’; Punjab and Haryana HC dismisses petition to set aside ex parte proceedings
No sufficient reason was mentioned by the petitioner for the delay in filing the written statement and apparently blunt excuse was provided that the representative of the petitioner fell ill and no instructions could be issued to the Advocate.
2024 SCC Vol. 8 Part 1
Civil Procedure Code, 1908 — S. 11 — Res judicata — Applicability between co-defendants — Conditions
‘Did not contemplate any urgent interim relief’; HP HC rejected plaint filed without resorting to Pre-Institution Mediation as per S. 12-A of Commercial Courts Act, 2015
Filing of the application under Order 39 Rule 1 and 2 of the Civil Procedure Code, 1098 was just an act to wriggle out of and get over Section 12-A of the Commercial Courts Act, 2015
Appeal cannot be transferred to Commercial Court u/s 24(5) of CPC; term ‘proceeding’ under the provision does not include appeals: Andhra Pradesh High Court
This will not mean that the appellant cannot prefer a fresh appeal to the commercial court, Visakhapatnam or such Court which has the jurisdiction.
Explained | Bombay HC verdict directing UAE Based Parties to disclose assets in India for execution of decree for recovery of money by Luxembourg Company
Although HSBC has initiated the proceedings before the Court in UAE, seeking orders to pay the amount under the facility letters and to obtain a decree, ARF SV 1 Sar-applicant is entitled to pursue the claim in execution in the Courts in India by filing the Execution Application.
‘No material to formulate any substantial question of law’; Tripura HC dismisses appeal filed u/S 100 of CPC
‘The contention that the appeal is not maintainable under Section 100 of CPC cannot be accepted, rather the appeal filed by appellant is maintainable before the Court as the order of Additional District Judge is a decree.
2024 SCC Vol. 4 Part 5
Arbitration and Conciliation Act, 1996 — Ss. 34 and 37 r/w Ss. 2(4) and 16 — Jurisdiction of arbitrator to adjudicate under
2024 SCC Vol. 3 Part 2
Central Goods and Services Tax Act, 2017 — Ss. 127 and 129 — Penalty imposed for transportation of consignment without proper e-way
[MakeMyTrip v. Dialmytrip] Delhi High Court temporarily restrains Dialmytrip from using ‘Dialmytrip’ mark/name in respect of any travel related services
“Balance of convenience lies in the plaintiff’s favour, considering that it is a well-known company in the travel business who has built its goodwill and reputation throughout the years, if an injunction is not granted it will lead to irreparable loss to the plaintiff.”
Section 9 of A&C Act not confined by technicalities of CPC; but Court cannot ignore fundamental principles governing attachment before judgment: Delhi HC
“The issuance of a direction to release such royalty sum would involve not only a conclusive and final adjudication on the petitioner’s right to receive such sum but also framing of an interim award and that cannot be said to fall within the ambit of Section 9 of the A&C Act.”
Court cannot presume disobedience; strict and irrefutable proof of disobedience required for punitive action under Order 39 Rule 2A of CPC: Delhi High Court
“In its zeal to ensure implementation of rule of law, the court cannot hold a person guilty of violation of its orders and proceed punitively against him merely because the circumstances give rise to a strong suspicion of the court’s order been disobeyed.”
Depositing award amount for withdrawal with due notice to the decree holder is sufficient to discharge onus on the judgment debtor: Delhi High Court
“The decree holder was not required to await the outcome of the objections filed under Section 34 of the Arbitration and Conciliation Act, 1996, however, if it did choose to remain under a self-imposed embargo, then it can’t demand interest.”
Third party whose property interests are adversely affected can approach the execution court under Order XXI Rule 97 of CPC: Sikkim High Court
“By filing a petition under Order XXI Rule 97 of the Civil Procedure Code, 1908 although the objector is not a party to the arbitral proceedings, he can seek and obtain relief if the award has not been given fairly.”
A Requiem for Costs
by Mikhail Behl†
2023 SCC Vol. 1 Part 2
Central Goods and Services Tax Act, 2017 — S. 174(2)(c) — Scope of: First part protects any right, privilege, obligation, etc. under
Delhi High Court awards Rs. 25 lakhs damages to ‘Daawat’ Basmati Rice in a trade mark infringement suit; restrains manufacturer from selling counterfeit ‘Daawat’ Products
Delhi High Court: In a suit for permanent injunction and damages for infringement of marks, passing off and unfair competition