Remedy Archives | SCC Times

Delhi High Court| Courts are duty bound to lean towards an interpretation which uphold jurisdiction of a Civil Court in case of suspicion

Section 9 of CPC is also symbolised as the gateway to the civil Courts as it envisages not only the inherent powers of the Civil Courts to entertain any suit of a civil nature, but also the inherent rights of the disgruntled yet hopeful litigants to approach the civil Courts with a huge expectation that they will get justice from this forum, which would adjudicate upon their infracted legal rights and will invoke the legal machinery to protect and vindicate such rights.

Case Briefs Foreign Courts

Canada SC | An accounting of profits requires that the infringer disgorge all profits causally attributable to infringement of the invention after the grant of patent

The Supreme Court of Canada was deciding a dispute between Nova Chemicals and Dow Chemicals, where the issue revolved around accounting of profits as a remedy for patent infringement.

Case Briefs High Courts

Madras High Court |Jurisdiction under Article 227 cannot be exercised as a measure of self-imposed restriction by-passing statutory remedies under D.V. Act

Madras High Court: The full bench of P.N. Prakash, Teekaa Raman and A.D Jagadish Chandira, JJ. held that the jurisdiction

Case Briefs High Courts

Allahabad High Court| [Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974] Wife entitled to compassionate appointment before sister

Allahabad High Court: Neeraj Tiwari, J. dismissed a writ petition which was filed with prayer for directing the respondents to grant the

Case Briefs High Courts

Himachal Pradesh High Court | Lack of immediate remedy under Arbitration Act not a ground to challenge an arbitral order passed on miscellaneous application before High Court

Himachal Pradesh High Court: In the case where it was argued before the Court that the Arbitration and Conciliation Act, 1996 (for

Case Briefs High Courts

Law on Arbitration | What is the remedy against an order allowing application under S. 8 of Arbitration Act, where existence of arbitration clause is not disputed? Del HC discusses

Delhi High Court: Amit Bansal, J., dismissed a petition challenging the order passed by the lower court whereby respondent’s application under Section

Case Briefs High Courts

Sikk HC | Exercise of Writ Jurisdiction by the High Court when an efficacious, alternative remedy is available: a self imposed limitation

Sikkim High Court: Meenakshi Madan Rai, J., decided on a petition wherein the petitioner body established under the Sikkim Municipalities Act, 2007,

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Whether a company purchasing commercial space for its office is “consumer” under Consumer Protection Act, 2019? Commission answers

National Consumer Disputes Redressal Commission (NCDRC): Dinesh Singh (Presiding Member), expressed that whether, for a particular purpose, a company is a ‘consumer’,

Op Eds OP. ED.

Remedy against Guarantor – IBC – A better choice

by Umesh Shetty*

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Consumer Protection fora does not enforce fundamental rights, they do not exercise jurisdiction of HC or SC

National Consumer Disputes Redressal Commission (NCDRC): The Bench of Dr S.M. Kantikar (Presiding member) and Dinesh Singh (Member) dismissed the revision petition

Case Briefs High Courts

Utt HC | Law provides a remedy at two stages, one before authority concerned and later before appellate authority, both must be fair and in compliance with the norms of natural justice

Uttaranchal High Court: Sudhanshu Dhulia, J., contemplated a petition presented before him by the petitioner who was a member of Waqf Board

Case Briefs Tribunals/Commissions/Regulatory Bodies

SCC Times

Remedy

Delhi High Court| Courts are duty bound to lean towards an interpretation which uphold jurisdiction of a Civil Court in case of suspicion

Canada SC | An accounting of profits requires that the infringer disgorge all profits causally attributable to infringement of the invention after the grant of patent

Madras High Court |Jurisdiction under Article 227 cannot be exercised as a measure of self-imposed restriction by-passing statutory remedies under D.V. Act

Allahabad High Court| [Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974] Wife entitled to compassionate appointment before sister

Himachal Pradesh High Court | Lack of immediate remedy under Arbitration Act not a ground to challenge an arbitral order passed on miscellaneous application before High Court

Law on Arbitration | What is the remedy against an order allowing application under S. 8 of Arbitration Act, where existence of arbitration clause is not disputed? Del HC discusses

Sikk HC | Exercise of Writ Jurisdiction by the High Court when an efficacious, alternative remedy is available: a self imposed limitation

NCDRC | Whether a company purchasing commercial space for its office is “consumer” under Consumer Protection Act, 2019? Commission answers

Remedy against Guarantor – IBC – A better choice

NCDRC | Consumer Protection fora does not enforce fundamental rights, they do not exercise jurisdiction of HC or SC

Utt HC | Law provides a remedy at two stages, one before authority concerned and later before appellate authority, both must be fair and in compliance with the norms of natural justice

PMLA | Investigating Authority cannot attach the property indefinitely in the name of investigation

MP HC | Documentary evidences must, to prove intention to renew contract and to prevail efficacious remedy under law

SA HC | Assessing the quantum of the claim not disabled by the amendment of particulars, objection dismissed

Manipur HC | Remedy under Article 226 not allowed where matter involves disputed question of facts