IMPORTANT DECISIONS IN ADR AUG PART Arbitration Interpretation of terms of contract is province of arbitrator. Arbitrator once finds that claims were arbitrable according to terms of contract, Court cannot arrive at contrary finding on re-appreciation of evidence. 2013 (2) ADR 747 Judgment on admissions Application for, in suit for specific performance is maintainable. 2013 (2) ADR 629 Commercial disparagement Defendants ‘LIFEBUOY’ soap promoted in advertisement as more effective than antiseptic liquid ‘DETTOL’ of plaintiff. Advertisement aimed at denigrating product of the plaintiff by indicating to existing and future customers that product of plaintiff is ineffective. Ad interim relief granted to plaintiff restraining defendants from telecasting impugned advertisement. 2013 (2) ADR 610 Compounding of offences Offences for which sentence is not only imprisonment or imprisonment with fine can be compounded by Company Law Board even after prosecution has been instituted. Permission of Court which is in seisin of case not necessary. 2013 (2) ADR 676. Fair trial Adducing evidence in support of defence is a valuable right. Denial of such right would be denial of a fair trial. 2013(2) ADR 819 Confiscation of vehicle Without giving opportunity of hearing to owners of vehicle to establish that use of vehicle in commission of offence was without their knowledge, permit is improper. 2013 (2) ADR 497 Passing off action Design used as trade mark — If by virtue of its use, goodwill is generated in course of trade or business, it can be protected by action in nature of passing off. AIR 2013 Del 143 Abetment by instigation Govt. Official repeatedly offered bribe by accused to hush up irregularity committed by accused. Govt. Official refused each time — Repeated offers amounts to ‘instigation’. 2013 (2) ADR 482
Posted on: Wed, 17 Jul 2013 15:11:05 +0000
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