“The Hon’ble High Court of New Delhi held that Section 5 of the Limitation Act would apply in respect of appeals which may be sought to be preferred under Section 18 of the SHW Act of 2013”. Facts: In the case at hand Respondent no. 1 accused Respondent no. 2 of harassing her. The matter … Continue reading Whether the Limitation Act, 1963, would apply to appeals under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
WHETHER THE ARBITRATION CLAUSE CONTAINED IN PURCHASE ORDER IS BINDING ?
WHAT IS ARBITRATION CLAUSE Arbitration Clause refers to the clause which allows the parties to refer their dispute to Arbitration under the seen or unforeseen circumstances of disputes among the parties to a contract. Further this clause provides an opportunity to settle the disputes at an economic and time saver manner as compared with that of … Continue reading WHETHER THE ARBITRATION CLAUSE CONTAINED IN PURCHASE ORDER IS BINDING ?
Whether a legal practitioner is allowed to represent a person, facing an enquiry before the Internal Complaints Committee in a case of Harassment at Work Place?
In the recent decision of the Hon’ble High Court of Delhi[1], the court rejected the view of allowing a legal representative to represent petitioner in an enquiry conducted by Internal Complaint and held that: The petition is not maintainable as Rule 7(6) of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 … Continue reading Whether a legal practitioner is allowed to represent a person, facing an enquiry before the Internal Complaints Committee in a case of Harassment at Work Place?
WHERE AN EMPLOYEE CAN INSTITUTE SUIT FOR TERMINATION ?
An employee terminated from this service, where will the territorial jurisdiction of court lie 1) where the employee was posted when he received termination order ;OR; 2) the registered office where decision for termination was taken Both the labour courts will have jurisdiction 1) where the employee was last posted 2) the place where the … Continue reading WHERE AN EMPLOYEE CAN INSTITUTE SUIT FOR TERMINATION ?
What happened when two similar trademark for similar goods were registered, one in India and the other in a foreign nation?
The Hon’ble High Court of Delhi order states that the defendant no.1 and/or the defendant no. 4 (who has registered mark in Saudi Arabia) are by way of an ad-interim injunction, restrained from affixing the mark ‘TAJ MAHAL’ or any other mark deceptively similar to the registered marks of the plaintiff(which is the mark registered … Continue reading What happened when two similar trademark for similar goods were registered, one in India and the other in a foreign nation?
INTERPRETING THE ARBITRATION CLAUSE
It is a settled proposition of law that the existence of a valid arbitration agreement under section 7 of the Arbitration act 1996 is sine-qua-non for a court to exercise its powers to appoint an arbitrator/arbitral tribunal under section 11 of the act. Section 2 (1)(b) of the Act, defines “arbitration agreement” to mean an … Continue reading INTERPRETING THE ARBITRATION CLAUSE
What is the intent behind incorporating the summary judgment procedure in the Commercial Court Act, 2015?
The intent behind incorporating the summary judgement procedure in the Commercial Court Act, 2015 is to ensure disposal of commercial disputes in a time-bound manner. In case of Su-Kam Power Systems Ltd. v. Kunwer Sachdev and Another[1] the court held “Rule 3 of Order XIIIA, CPC, as applicable to commercial disputes, empowers the Court to … Continue reading What is the intent behind incorporating the summary judgment procedure in the Commercial Court Act, 2015?
DOES PART-PAYMENT OF A NEGOTIABLE INSTRUMENT RELIEVES THE ACCUSED FROM HIS LIABILITY?
Section 138[1] of Negotiable Instruments Act reads that the following are the components of the offence punishable under Section 138 of Negotiable Instrument Act: - (1) drawing of the cheque by a person on an account maintained by him with a Banker, for payment to another person from out of that account for discharge in … Continue reading DOES PART-PAYMENT OF A NEGOTIABLE INSTRUMENT RELIEVES THE ACCUSED FROM HIS LIABILITY?
What happens when written statement is filed without being accompanied by an affidavit of admission and denial in Commercial Suit?
The Delhi High Court has observed in the case of Cosco International Pvt Ltd. v. Jagat Singh Dugar, on its decision dated 06th April, 2022, that the filing of a written statement within the prescribed time period and the defect of non-filing of the affidavit of admission/denial, if cured within the permissible time then nothing … Continue reading What happens when written statement is filed without being accompanied by an affidavit of admission and denial in Commercial Suit?
DUCTUS EDGE 