Indian Penal Code, 1860, Section 457, 380, 188, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.457, 380, 188 IPC - Quashing of FIR - Petitioner alleged that subject matter of FIR is also subject matter of arbitration proceedings in which compensation has been provided to respondent-3 for value of damaged goods - However, respondent-3 may have been granted..........
Civil Procedure Code, 1908, Section 89 -- Settlement of dispute - Refund of Court fee - For applicability of the provision (a) settlement should be acceptable to both the parties; (b) settlement is brought forth by way of alternative dispute resolution i.e. either arbitration; or conciliation; or through Lok Adalat; or mediation, as the case may be...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 3 -- Interim injunction - Arbitration proceedings - Appellants attempted to encash bank guarantee furnished by respondent - If appellants were permitted to invoke bank guarantee, prayer made in S.9 of Arbitration and Conciliation Act, arbitration petition would likely become infructuous - Interim order restraining..........
Civil Procedure Code, 1908, Section 47 -- Execution - Arbitral award - Objection - Challenging appointment of an arbitrator for first time during execution proceedings is generally not permissible - Arbitration and conciliation Act provides specific timelines and procedures for challenging an arbitrator's appointment - Application rightly dismissed...........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Settlement - Refund of Court fees is permissible only if the matter is referred to Arbitration, Conciliation, judicial settlement, including through Lok Adalat or meditation for settlement and case is decided in terms of such a settlement and not otherwise...........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2016, Section 2(1)(c)(vii) -- Return of plaint - Lack of territorial jurisdiction - Agreement for which specific performance is sought for is a draft agreement, not signed by applicants - Provision of S.8 of Arbitration and Conciliation Act would not be applicable - Subject matter of suit would not..........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2015, Section 12(2) -- Return of plaint - Lack of pecuniary jurisdiction - Commercial dispute - S.12(2) of CC Act stipulates that pecuniary jurisdiction should be determined based on aggregate values delineated in statements of claim and counter claim on the date of presentation, rather than additional..........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2015, Section 12(2) -- Return of plaint - Lack of pecuniary jurisdiction - Commercial dispute - Specific value in an arbitration of a commercial dispute is less than pecuniary jurisdiction stipulated u/s 5(2) of Delhi High Court Act r/w S.12(2) of CC Act - Plaint ordered to be returned to Court of..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Arbitration award - Objections u/s 47 CPC are not maintainable in proceedings for purposes of execution or enforceability of an arbitration award - But nonetheless objections raised by JD which do not touch upon merits of award or raise questions which cannot be raised u/s 34 of Arbitration and Conciliation..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Arbitration award under Uniform Domain Name dispute Resolution Policy (UDNRP) - Rule 4(k) and 18 of UDNRP does not prohibit the proceedings of Civil Court - Rejection of application U.O.7.R.11 CPC by trial Court, upheld...........
