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...

Order XII Rule 6 CPC | Suit Can Be Decreed On Admission Only If It's Clear, Unequivocal And Unconditional: Supreme Court

The Court held that disputed questions of fact cannot be decided through judgment on admission.

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...

Rajasthan High Court Restores Appeal Dismissed For Non-Removal Of Defects, Says Party Can't Suffer For 'Procedural Abdication' By Lawyer

Can an appeal dismissed for non-removal of defects by lawyer be restored?

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...

'Against Karnataka Industrial Area Development Act': High Court Sets Aside Land Acquisition, Says It Was Done For Private Entity's Expansion

HC: Nothing but Fraud committed on statute by authorities to divest Landowners from their holdings for a Pittance in favour of Private Entity

Even In Absence Of Express Provision In Notice Inviting Tender, State Retains Inherent Power To Blacklist Contractor: Patna HC

The Patna High Court has upheld an order passed by the South Bihar Power Distribution Company Limited (SBPDCL) blacklisting a contractor for three years and terminating contracts relating to construction of power substations, holding that the State and its instrumentalities possess inherent executive power to blacklist contractors even in absence of an express contractual provision.A...

Land Revenue Act | Revisional Powers U/S 15 Must Be Exercised Within Reasonable Time; Unexplained 20-Year Delay Impermissible: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has quashed an order passed by the Financial Commissioner (Revenue) setting aside a mutation attested in the year 2004, holding that the revision petition filed in 2021 after a lapse of nearly twenty years was barred by unreasonable delay.Expounding on the mandate of Section 15 of the Land Revenue Act the Court reiterated that revisional...

Mere Mention Of Word 'Dead' In Small Font Against Party's Name Doesn't Satisfy Duty To Inform Under Order 22 Rule 10-A CPC: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that merely mentioning the word “dead” against the name of a deceased respondent in a small font, without specifying the date of death, does not amount to compliance with the obligation cast upon counsel under Rule 10-A of Order XXII of the Code of Civil Procedure, 1908.The Court observed that such conduct reflected a...