Code of Civil Procedure, 1908 —Sec. 151 — Saving of inherent powers of Court-Modern School v. Union of India & Ors., (2004) 5 SCC 583—Action Committee Unaided Recognized Private Schools v. Directorate of Education, 2024 SCC OnLine Del 3121-Sec. 17(3) —DSE Act- Fees and other charges-Any excess fee collected or deposited by the students with regard to the academic sessions prior 2023-24, shall be adjusted towards subsequent years—Application disposed.
Held: (Paras- 5,8,9,10,12,13, 16,17,18, 19,20,21)
Result: Application disposed.
Patents Act, 1970 — Sec. 48, 64— Seeking relief of permanent injunction restraining infringement of the following two Indian patents —Rights of patentees- Grounds for revocation of patent-Section 104A of the Act- Burden of proof in case of suits concerning infringement—Or. XXXIX Rules 1 and 2 — Code of Civil Procedure, 1908-Temporary injunctions and Interlocutory orders-Commercial Courts Act, 2015- Article 34 —- Process Patents- Burden of Proof -Article 88 —Schedule of Limitation Act, 1963-Plaintiffs have failed to fulfil the mandatory requirements of Section 104A of the Act-No merit in application- Application dismissed.Held; (Paras- 8,56,59,62,69,72,73)
Result: Application dismissed.
Arbitration and Conciliation Act, 1996 — Sec. 14 and 15, 21,11, 12 —Failure or impossibility to act —Termination of mandate and substitution of arbitrator — Clause 25 of the General Conditions of the Contract prescribes a three-tier dispute —resolution mechanism: decision by the Superintending/Chief Engineer, reference to a Dispute Resolution Committee and, if unresolved, arbitration- Commencement of arbitral proceedings-Appointment of arbitrators-Grounds for challenge —Entry 1 of the Seventh Schedule of the Act -Petition is allowed-Petition disposed.
Held: (Paras- 4,19,20,25,29,32, 39,40 ,43,45)
Result: Petition disposed.
Cases Referred:1. TRF Limited Vs. Energo Engineering Projects Limited,2018 II AD (S.C.) 150= (2017) 8 SCC 377, 2. Perkins Eastman Architects DCP & Anr. Vs. . HSCC (India) Limited, (2020) 20 SCC 760 3. Voestalpine Schienen GmBH Vs. Delhi Metro Rail Corporation,2017 IV AD (S.C.) 65 = (2017) 4 SCC 665.5. Proddatur Cable TV DIGI Service Vs. SITI Cable Network Limited, 2020:DHC:3546. Govind Singh Vs. M/s Satya Group Private Limited & Anr., 2023:DHC:81-DB,7. HRD Corporation (Marcus Oil and Chemical Division) Vs. GAIL (India) Limited (Formerly Gas Authority of India Limited),2017 IX AD (S.C.) 325 = (2018) 12 SCC 471,8. Government of Haryana PWD Haryana (B and R) Branch Vs. G.F. Toll Road Private Limited & Ors.,2019 V AD (S.C.) 93 = (2019) 3 SCC 505,
Code of Civil Procedure, 1908 —Or. XXXIX rules 1 and 2, Sec. 151, Or. XXXVIII Rule 5 — Permanent injunction-Attachment before judgment-Temporary inunctions and interlocutory orders-Saving of inherent powers of High Court-SLP(C) 21938/2019,Communication Components Antenna Inc. vs. Ace Technologies Corp.& Ors. —Article 217 — Korean Civil Procedure Act-Court is of the view that a prima facie case has been made out in favour of the plaintiff and against the defendants with the balance of convenience in its favour for grant of an appropriate relief—Application allowed and disposed.
Held: (Paras- 5,9,10,12,14,18,25,43,45)
Result: Plaint disposed.
Bharatiya Nagarik Suraksha Sanhita, 2023 — Sec. 483— Special powers of High Court or Court of Session regarding bail- Section 364A,392,397,412,34 — Indian Penal Code, 1860 — Kidnapping for ransom, etc.- Punishment for robbery— Robbery or dacoity, with attempt to cause death or grievous hurt-Dishonestly receiving property stolen in the commission of a dacoity-Acts done by several persons in furtherance of common intention— Section 25,27,54,59,30 — Arms Act,1959— Punishment for certain offences-Punishment for using arms, etc— Renewal of licences- Fee payable on a petition for appeal made under section 18(1)- Punishment for contravention of licence or rule-Section 161, 164 Cr.PC, 1973- Examination of witnesses by police— Recording of confessions and Statements- Applicant is granted Regular Bail, on the terms and conditions-Application disposed.
Held: (Paras- 4,8,9,10,12,16,18,19,23)
Result: Application disposed.
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