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Author: legacy

Legacy > Articles posted by legacy


To read the article on Mondaq, click here.IV. DEFENCE TO A CIVIL SUITThe Order IV: Institution of Suits of the Code of Civil Procedure, 1908 (hereinafter CPC) specifies that a suit shall be instituted by presentation of Plaint.The Order VI Rule 1 of the CPC 1 stipulates that pleading shall mean Plaint or Written Statement.The significance of a Written Statement filed by the Defendant is very well understood. A Suit becomes meaningful when it is contested on the basis of a well drafted Written Statement.The Commercial Court Act has added by way of amendment Rule 3A in Order VI, which...

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To read the article on Mondaq, click here.III. Order XIII-A: SUMMARY JUDGMENTIntroductionA summary procedure of pronouncing judgment has been introduced through the addition of Order XIII-A applicable to the commercial suits of specified value. 1 It may be mentioned here that commercial suits involve monetary litigation between parties to a commercial contract and involve complex questions of facts and law often times requiring special attention of the Court.So far the remedy of summary procedure was available under Order XXXVII most commonly known as ‘Suits for Recovery’ where the lis involved recovery of amount due on a negotiable instrument or an...

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To read the article on Mondaq, click here.II. Order XI : Disclosure Discovery and Inspection of Documents in Suit before the Commercial Division of A High Court or a Commercial CourtThe Order XI of Civil Procedure Code applicable to commercial disputes of specified value as introduced by the Commercial Courts Act, 2015 is different from the Order XI of Civil Procedure Code applicable to other Civil Disputes in material ways.This order has 7 rules divided into sub-rules and sub-sub-rules as opposed to 23 rules in the Order XI applicable to other civil suits. A brief, Rule-wise discussion is given .It...

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To read the article on Mondaq, click here.I. The Ban List: CPC, 1908 provision not applicable to Commercial Suits filed under the Commercial Courts Act, 2015The Commercial Courts Act, 2015 (“Act of 2015”) is an improvement over the Code of Civil Procedure, 1908 (“Act of 1908”) in respect of commercial disputes. This Act is a handmaid to the Act of 1908 to provide speedy disposal of commercial suits. Various amendments have been made to the Act of 1908 in furtherance of the objectives of the Commercial Courts Act.Commercial suits are those where cause of action is arising out of a...

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Litigation Financing/Third-Party Funding: A New Way to Ensure Justice

To read the article on Mondaq, click here.In the recent case of Tomorrow Sales Agency Pvt Ltd vs. SBS Holdings, Inc. & Ors. 1 , the Hon’ble High Court of Delhi, while dealing with the issue of holding a third party liable under an arbitration agreement, appreciated the vital role played by third-party funders in ensuring access to justice. It was observed that the absence of third-party funding would restrain impecunious parties from pursuing claims for amounts which may legitimately bedue.In making such observations, the Hon’ble Court re-invoked an essential topic in relation to the importance of third-party funding or...

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India: The need for climate-resilient infrastructure in disaster-prone India

To read the article on the IBA Website, click here.Climate change is undermining hard-earned development gains, trapping the poorest and most vulnerable in poverty, increasing malnutrition and exacerbating inequality.[1] The Covid-19 pandemic and economic crisis have been devastating, and as we support countries to respond to the ongoing crisis and build back, there is an urgent need to integrate climate and development strategies to deliver green, resilient, and inclusive development.[2]In September 2023, India hosted 19 countries and the European Union for the G20 Summit, held in the national capital of Delhi. In light of its increasing environmental conscience, the country...

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Determining the seat of arbitration

To read the article on the IBA Website, click here. The alternative dispute resolution mechanism of arbitration has been widely preferred by the parties owing to its accessibility and expedited procedures. In recent years, this preference has also extended to the sectors of commercial- and construction-related disputes, whether domestic or international. With an open option to mutually decide on the method, the dispute adjudicator, the applicable laws or even the place, arbitration has developed the reputation of actually serving its purpose of attaining an amicable settlement of disputes. However, owing to such a high number of decisions which have to be undertaken...

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Satluj Jal Vidyut Nigam vs. Jaiprakash Hyundai Consortium & Ors 1 . – Case Analysis

To read the article on Mondaq, click here.In the recent case of Satluj Jal Vidyut Nigam, the Hon’ble High Court of Delhi held that an arbitrator cannot decide a case on the basis of a mathematical calculation which is not supported by evidence. The judgment in this case invoked the ever-growing debate on the importance of adaptation of a reasonable duty of care by the arbitrators in deciding a matter, especially one pertaining to a construction dispute, where stakes are undoubtedly very high.The role of an Arbitrator has been set in law as that of aiding the parties in reaching...

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Coal India vs. Competition Commission of India: Case Analysis

To read the article on Mondaq, click here.One of the basic rules of interpretation states that no provision of a statute should be read in isolation to the other statutes and that while interpreting a law, it should be presumed that the Parliament, at the time of making such law, was well aware of the existence of all the other laws in force in India. This rule, also known as the ‘rule of harmonious construction’, being one of the cardinal principles of interpretation of statutes, recently formed the basis of the decision in the recent case of Coal India Limited &...

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A Glimpse into the Provisions under the Competition (Amendment) Act, 2023

To read the article on Mondaq, click here.The Competition Act, 2002, (hereinafter referred to as ‘Principal Act’) came into force on March 31, 2003, and has since undergone few amendments, thus leaving a wide scope for the progressive ways in which the anti-trust regime in India can be enforced.In lieu of such a dire need felt by the legislature, the Competition (Amendment) Act, 2023 (hereinafter referred to as ‘Act of 2023’) was published in the Indian Gazette after receiving the President’s assent on April 11, 2023. Through the enactment, robust reforms were brought within the law in order to bring...

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