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“Short-circuiting of procedure to reach hasty outcomes is an undesirable propensity of an overburdened judiciary. Such impulses rendering procedural safeguards and substantive rights subvert certainty and consistency in law and need to be discouraged”.
by Abhinav Agrawal* and Deepali Poddar**
It is a settled position in law that when the arbitration agreement is silent on the aspect of ‘seat’, ‘venue’ or ‘place’ of arbitration, the determining factor will be where the cause of action arises as well as where the defendant/respondent actually or voluntarily resides or carries on their business.
The arbitration would take place under the aegis of the Delhi International Arbitration Centre and would abide by its rules and regulations.
A quick legal roundup to cover important stories from all High Courts this week.
A quick legal roundup to cover important stories from all High Courts this week.
The Court held that the defendant had no real prospect of successfully defending their claim for tagline “Hamesha Istemaal Kare or Kapde Me Chamak Paaye”; and there was no other compelling reason as to why the Ghadi’s claim should not be disposed of before recording of oral evidence vide a summary judgment.
A quick legal roundup to cover important stories from all High Courts this week.
The Court observed that though the appellant contended that the net worth of the company is Rs.91 crores and is not a fly-by-night company, no physical assets or any other alternative security is provided either before the Single Judge or before the present Court.
A quick legal roundup to cover important stories from all High Courts this week.
“Even if the name of family members are not mentioned in the service book, even then they can apply for family pension to which they would be entitled, if they are qualified as per the Pension Rules.”
“Regarding immovable properties (other than agricultural lands paying land revenue) – such as buildings, plots etc. or movable properties — where the Court can conveniently and without further enquiry make the division without the assistance of any Commissioner, or where parties agree upon the manner of division, the Court will pass a composite decree comprising the preliminary decree declaring the rights of several parties and also a final decree dividing the suit properties by metes and bounds, in one judgment.”
Order XXI Rule 99, CPC is lucid that where any person other than the judgment debtor is dispossessed of immovable property by the holder of a decree for the possession of such property, he may make an application to the Court complaining of such dispossession.
“Initially a writ petition was filed before the High Court in the year 2000 which was transferred to the Tribunal in 2017 and thereafter, it came to be dismissed in 2024, we request the Tribunal to grant priority to hearing of this petition, and expect that the Tribunal shall hear and decide the same within a period of five months”
Novex Communications Private Limited sued the operators of Social- Saket and Social- Hauz Khas for unauthorized use of copyrighted sound recordings, seeking to introduce video evidence of these infringements.
‘The rule of amendment has been termed as rule of justice, equity, and good conscience which needs to be exercised in the larger interest of doing full and complete justice to parties before the Court.’
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.