settlement Archives

Delhi High Court affirms Dart Properties Private Limited’s right to walk, take over and run cinema hall as Reliance Mediaworks subsidiary CVPL defaults Rs 50 Lakhs payment

The Delhi High Court observed that Cinema Ventures Private Limited, the defaulting entity, neither filed the undertaking as assured to the court nor made any payment but rather continued to be in the possession of the property.

Case Briefs High Courts

Karnataka HC | Memorandum of settlement arrived during divorce proceedings cannot be questioned on the ground of husband’s re-marriage, unless an element of fraud is involved

The Karnataka High Court strictly admonished the petitioner for abusing every jurisdiction of law but refused to impose exemplary costs as the same would only increase the agony of the petitioner, whose marriage was annulled albeit with consent.

Case Briefs High Courts

[T-series v Tata] Delhi High Court record settlement between TATA motors and T-series for not using ‘T-series’ marks on Tata automobiles

Delhi High Court: In a suit filed by Super Cassettes Industries Private Limited, seeking permanent injunction restraining infringement, passing off,

Case Briefs High Courts

Bombay High Court quashes rape case FIR registered against son of CPM’s Kerala State Secretary Kodiyeri Balakrishnan

Bombay High Court: In a case filed for quashing of the charges registered against Binoy Kodiyeri (petitioner), son of CPM’s

Case Briefs High Courts

J&K and Ladakh HC | To prevent the “frittering away of the fruits of compromise” HC can quash proceedings for non-compoundable offences if parties have arrived at a settlement

Jammu and Kashmir and Ladakh High Court: While deciding the instant petition wherein the Court was faced with the issue

Case Briefs High Courts

Delhi High Court| COKE STUDIO and COOK STUDIO arrived settlement; COOK STUDIO adopted new mark COOK Pro 6

Delhi High Court: In a suit filed by Nikhil Chawla (‘plaintiff’) for its brand COOK STUDIO in the nature of threat application

Case Briefs High Courts

Time of court and investigation agency both has been consumed; Delhi High Court directs Rs 25,000 as compensation towards “Green Highways Fund”

Delhi High Court: In a case pending for 5 years before Court, the parties finally reached compromise and sought quashing

Case Briefs High Courts

Delhi High Court | Theo recognizes Theobroma as owner and proprietor of mark “THEOBROMA”; Settlement terms agreed between parties

Delhi High Court: In a case relating to two marks being ‘Theobroma’ (‘defendant’) and Theos (‘plaintiff’), based out of Bombay and Delhi

Tribunals/Commissions/Regulatory Bodies

SEBI | Insider Trading case against Varun Beverages Chairman Ravi Kant Jaipuria comes to a close after payment of Rs. 56 Lakhs

Securities Exchange Board of India (SEBI): The proceedings against Varun Beverages’ Ravi Kant Jaipuria came to an end after a settlement of

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT| Using provisions of IBC for revival of TDS amounts is a misuse of IBC; NCLAT holds defaults over non-payment of TDS is not a ground for initiation of CIRP

A coram of Justice Ashok Bhushan (Chairperson), Shreesha Merla (Technical member) and Naresh Salecha (Technical Member) has held that non-payment of TDS

Case Briefs High Courts

In matrimonial offences, quashing is welcome as it shows that parties have decided to put an end to the lis as well as to the misery they undergo: Del HC

Delhi High Court: Stating that, cases under Section 376 of Penal Code, 1860 should not be quashed and should not be taken

Case Briefs High Courts

[Rape] Kar HC addressed whether offence under S. 376 IPC can be compounded in case of settlement arrived between the parties

Karnataka High Court: M Nagaprasanna, J., quashed the proceedings against the petitioners in Crime No.87 of 2022 of Byadarahalli Police Station pending

Case Briefs Supreme Court

Is independent suit questioning a compromise decree maintainable or one has to approach the same Court which recorded the compromise to challenge it? SC answers

“If clever drafting of the plaint has created the illusion of a cause of action, the court will nip it in the bud at the earliest so that bogus litigation will end at the earlier stage.”

Case Briefs Supreme Court

Consent decree cannot be modified/ altered unless the mistake is a patent or obvious one: SC

Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has held that a consent decree cannot be modified/ altered unless

Case Briefs High Courts

Settlement terms decided by Mediation and Conciliation Centre, can be the reason for quashing of an FIR under S. 482 CrPC: All HC

Allahabad High Court: Rajeev Singh, J., reiterated that under Section 482 of the Criminal Procedure Code, an FIR i.e. First Information Report

Case Briefs Supreme Court

“NCLT can encourage settlements, it cannot direct it by acting as courts of equity” SC holds NCLT has limited powers to either admit or reject an application u/s 7(5) of IBC

Supreme Court: The Division Bench comprising of Dr Dhananjaya Y Chandrachud* and A S Bopanna, JJ., held that the powers of NCLT

Case Briefs High Courts

Del HC | Husband, his family harass wife for dowry leading to her committing suicide. Can settlement between accused and wife’s father be accepted? Court decides

Delhi High Court: Mukta Gupta, J., decided whether a settlement of parties wherein an accused and his family members who subjected his

Case Briefs High Courts

Woman commits suicide due to alleged illicit relationship of husband; mother registers case but seeks to withdraw stating she had lodged report under ‘rage’ | Bom HC Demystifies

Bombay High Court: Division Bench of M.S. Sonal and Pushpa V. Ganediwala, JJ., quashed the charges of abetment of suicide and other offences

Case Briefs High Courts

Chh HC | Agreement to withdraw criminal complaint after receiving payment for the same cannot be regarded as any lawful term and is void

Chhattisgarh High Court: Rajendra Chandra Singh Samant, J., dismissed the petition being devoid of merits. The facts of the case are such

Case Briefs Supreme Court

Section 138 NI Act| Once settlement has been entered into, the complainant cannot pursue the original complaint: Supreme Court

The settlement agreement subsumes the original complaint.