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
Civil Procedure Code 1908
[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
2022 SCC Vol. 7 Part 5
Arbitration and Conciliation Act, 1996 — S. 17 — Interim measures — Termination of lease: Interim direction by arbitrator to
2022 SCC Vol. 7 Part 2
Army Act, 1950 — Ss. 125, 126, 69, 3(ii) and 70 — Criminal trial — Concurrent jurisdiction of court martial
When does a Will becomes a suspicious document? Madhya Pradesh High Court answers
Madhya Pradesh High Court: Dwarka Dhish Bansal, J., while dismissing a second appeal held that in presence of prior execution
Judiciary’s Robe of Activism in ADR Matters
by Soumyaa Sharma†
EBC’s Coat Pocket Edition of — Civil Procedure Code, 1908 with Limitation Act, 1963 [Edn. 8, 2019]
Overview Civil Procedure Code, 1908 with Limitation Act, 1963 alongwith Special Amendments by Act 4 of 2016 and Commercial Courts Act, 2015 The