The Andhra Pradesh High Court bench of Justices Ninala Jayasurya and Nayapathy Vijay observed that in deciding a petition under Section 9 of the Arbitration Act, the Court cannot ignore the basic principles of the CPC. In exercise of its powers to grant interim relief under Section 9 of the Arbitration Act, the Court is not strictly bound by the …
The Jammu and Kashmir and Ladakh High Court has recently cautioned against using Order 38 Rule 5 of the Civil Procedure Code as a tool to coerce defendants or convert unsecured debts into secured ones. The provisions of Order 38 Rule 5 being stringent in nature are to be construed strictly without being used as a lever for a plaintiff …
CITATIONS 2022 LiveLaw 242 TO 2022 LiveLaw 265 NOMINAL INDEX MOHD ARIF & ORS. Citation: 2022 LiveLaw 249 The Delhi High Court has granted permanent injunction against 'ANINEWSINDIA' in a trademark infringement suit filed by news agency 'ANI'. Delhi High Court Refuses Interim Injunction In Trademark Infringement Suit By Mankind Pharma Against RTPCR Testing Kit 'OMISURE' Case Title: MANKIND PHARMA …
The Delhi High Court has observed that the power under Order XXXVIII Rule 5 of Code of Civil Procedure cannot be exercised by High Court mechanically or merely for the asking of plaintiff to the suit. Justice Amit Bansal observed,"provisions of Order XXXVIII Rule 5 of the CPC have to be used sparingly and that the plaintiff has to satisfy …
![[O.38 R.5 CPC] Plaintiff Can't Use Provision As Tool For Coercion Or Easy Execution Of Decrees: J&K High Court](https://www.livelaw.in/h-upload/2023/10/29/500784-466227-justice-javed-iqbal-wani.jpg)
