The 3-Judge Bench of the Supreme Court in the case of Morgan Stanley Mutual Fund vs. Kartick Das, (1994) 4 SCC 225 had observed that an ex parte injunction should be granted only in exceptional circumstances and the factors to be considered are: (i) whether irreparable or serious mischief would ensue to the plaintiff, (ii) […]
Factors To Be Considered In Granting Ex-Parte Injunction Read Post »
In Shashikant Sharma v. State of Maharashtra reported as 2023 SCC OnLine SC 1599, on the aspect of framing of charge, the Supreme Court has observed that:- “12… There cannot be any quarrel with the principles laid down in the judgments cited by the State counsel in the written submissions that at the stage of
No Charges Can Be Framed If Necessary Ingredients Of An Offence Not Made Out Read Post »
Supreme Court recently in Patil Automation (P) Ltd. v. Rakheja Engineers (P) Ltd., (2022) 10 SCC 1 held that Section 12A of the Commercial Courts Act, 2015 (which prescribes that a suit shall not be instituted unless the plaintiff exhausts the remedy of pre-institution mediation) cannot be described as a mere procedural law. Exhausting pre-institution
Provision of Pre-Institution Mediation & Settlement in Commercial Suits is mandatory Read Post »
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