Civil Law
Mere Pendency Of Criminal Case No Bar For Renewal Of Passport: AP High Court
Directing the directed passport authorities to consider a teenager's passport application–booked in a criminal case where cognizance had not been taken, the Andhra Pradesh High Court said that mere pendency of a criminal case is not a bar for renewing the passport. The petitioner-16-year-old boy, made an application before regional passport officer for the issuance of a passport. A...
Parties Can Engage Private Expert In Commercial Suits But Admissibility Of Expert Report Subject To Proof At Trial: AP High Court
The Andhra Pradesh High Court has held that parties in civil and commercial disputes may rely on reports prepared by privately engaged experts, however the admissibility and evidentiary value of such reports would be tested during trial.A Division Bench of Justice Ravi Nath Tilhari and Justice Balaji Medamalli dismissed a civil revision petition filed by ISGEC Heavy Engineering Limited, which...
O XII R 6 CPC | No Decree On Admissions Unless Defendant's Pleadings Contain Unequivocal Admissions; J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that unless the admissions made by a defendant in its pleadings or otherwise are clear, categorical and unequivocal, a court cannot proceed to pass a decree under Order XII Rule 6 of the Code of Civil Procedure. The Court further clarified that even where certain facts stand admitted, the court retains discretion to require the...
Local Commissioner's Report Can Form Basis Of Decree In Trademark Infringement Suit: Delhi Commercial Court
The Commercial Court at Saket, New Delhi, has decreed a trademark and copyright infringement suit filed by Luxottica Group S.P.A., proprietor of the globally renowned RAY-BAN brand, against traders found dealing in counterfeit eyewear bearing the identical mark.The Court noted that the plaintiff had established its statutory and common law rights in the RAY-BAN trademark through extensive registrations, longstanding use, and substantial goodwill and reputation associated with the mark.The Court...
Force Majeure Must Be Proved By Cogent Evidence, Not Mere Newspaper Reports: Delhi Commercial Court Refuses To Set Aside Arbitral Award
A Delhi Commercial Court has refused to set aside an arbitral award rejecting claims founded on force majeure, holding that the existence of force majeure conditions must be established through cogent evidence and cannot be proved merely by relying on newspaper reports.The Court observed that newspaper clippings, in the absence of supporting evidence, constitute hearsay and are insufficient to establish facts forming the basis of a force majeure claim.The District Judge (Commercial Court)-01,...
Specific Relief Act | Buyer's Delay In Issuing Legal Notice To Seller Not Ground To Deny Specific Performance : Supreme Court
The Court held that when a suit seeking specific performance of an agreement to sell is filed within the limitation, any delay in issuing a legal notice is irrelevant to the denial of relief.
CPC Cannot Override RP Act In Election Petitions; Only Parties Specified Under Section 82 Can Be Impleaded: J&&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that anything contained in the Code of Civil Procedure which is contrary to the provisions of the Representation of the People Act, 1951 cannot be made applicable to the trial of election petitions.Since Section 82 of the Act of 1951 provides as to which persons are to be impleaded as respondents to an election petition, anything...
