“Paragraph 19 of Ssangyong Engineering, (2019) 15 SCC 131 noted that, the expansive interpretation given to “public policy of India” in Saw Pipes, (2003) 5 SCC 705 and Western Geco International Limited, (2014) 9 SCC 263 had been done away with and a new ground of ‘patent illegality’ was introduced which would apply to applications […]
Read more "Section 34(2A) of The Arbitration Act"A circumstance is ‘suspicious’ when it is not normal. The suspicious features must be ‘real, germane and valid’ and not merely the ‘fantasy of the doubting mind’ [Shivakumar, Civil Appeal No. 6076 of 2009]. An individual factor may not be decisive. If after taking all the factors together, conscience of the Court is not satisfied […]
Read more "The Proof of Valid Wills II"The Commercial Courts Act, 2015 through Section 16 has amended The Code of Civil Procedure, 1908 in its application to commercial disputes. Whereas commercial disputes [as defined under Section 2(c) of The Commercial Courts Act, 2015] are governed by CPC as amended by Section 16 of the said Act, all other non-commercial disputes fall within […]
Read more "Order 8, Rule 1 of The Code of Civil Procedure, 1908 II"“When an ex-parte decree is passed, there are two remedies – either (a) file an application under Order 9, Rule 13; or (b) file an appeal under Section 96(2). The question to be considered is whether the two options are to be exercised simultaneously or can also be exercised consecutively. If the appeal under Section […]
Read more "Order 9, Rule 13 of The Code of Civil Procedure, 1908"At the outset, there is no gainsaying that procedural justice is imbibed to provide further impetus to substantive justice. On the other hand, we must be mindful of the legislative intention to provide for certainty and clarity. In the name of substantive justice, providing unlimited and unrestricted rights in itself will be detrimental to certainty […]
Read more "Order 8, Rule 6A of The Code of Civil Procedure, 1908"“Order 21, Rule 11(3) makes it clear that the Court ‘may’ require the decree holder to produce a certified copy of the decree. This clearly indicates that it is not necessary to file a copy of the decree along with execution application unless the Court directs the decree holder to file a certified copy of […]
Read more "Order 21, Rule 11(3) of The Code of Civil Procedure, 1908"A suit was filed on 10.03.2017. The defendant was served with summons on 14.07.2017. 120 days from this date takes us to 11.11.2017. No written statement had been filed. However, an Order 7, Rule 11 application was filed. The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 came into force […]
Read more "Order 8, Rule 1 of The Code of Civil Procedure, 1908 I"