Photo of Anmol Dhindsa

Associate in the Dispute Resolution Practice at the Delhi NCR office of Cyril Amarchand Mangaldas. Anmol advises on commercial disputes and white collar crimes litigation. She can be reached at anmol.dhindsa@cyrilshroff.com.

Deciphering Court Fee Refunds: A Comparative Analysis of Settlement via ADR v. Private Settlement

Introduction

In the Indian jurisprudence, the levy of court fee is inter alia sanctioned by the Court Fees Act, 1870 (“Court Fee Act”) for the purpose of instituting a suit or claim by a party to the matter or litigation. The payment of court fee is a condition precedent for seeking the aid of the court. The amount to be paid as court fee is prescribed by law and until the pre-determined amount is paid, the litigant cannot be heard, save with the leave of the court. However, if the parties to a suit come to a mutual understanding to resolve the dispute amicably, the law also prescribes for a procedure for providing a refund of the previously paid court fee by the litigant. The only remaining question that begs determination is when and how much of the court fee will be refunded to the litigant.Continue Reading Deciphering Court Fee Refunds: A Comparative Analysis of Settlement via ADR v. Private Settlement

Tests “Public Servants” must pass to claim protection under Section 197 of Cr.P.C. and is there a silver lining?

The Dilemma:

If an investigating authority intends to investigate a public servant[1], the authority has to mandatorily secure appropriate sanction from a competent authority[2] to even begin the investigation. Particularly, when the allegations pertain to offences punishable under the Indian Penal Code, 1860 (“IPC”), the investigating authority must secure the sanction under Section 197 of Code of Criminal Procedure, 1973 (“CrPC”), from the competent authority and when the allegations pertain to offences punishable under the Prevention of Corruption Act, 1988 (“PC Act”), sanction must be secured under Section 19 of the PC Act. Often, the alleged act under investigation attracts punishment or penalty under both IPC and PC Act.Continue Reading Tests “Public Servants” must pass to claim protection under Section 197 of Cr.P.C. and is there a silver lining?

Introduction

Dissolution of a Partnership under The Indian Partnership Act, 1932, “Partnership Act” can have far-reaching consequences, affecting not only the erstwhile partners but also related third parties. The process of dissolution involves activities such as settling of accounts, concluding of on-going business matters, discharging the Partnership firm’s liabilities and finally, distributing any remaining assets among the partners basis their respective shares. The Limitation Act, 1963 provides a period of three years from the date of dissolution within which  the parties can agitate their claims arising from the dissolution and winding up of the firm[1]. The period of limitation rests on the notion that the date of dissolution marks the conclusion of the firm’s winding-up process and settling of the rights and liabilities of the affected parties. However, is dissolution synonymous with winding up of the firm? Can erstwhile partners not have a right to agitate their claims post the period of three years if the process of winding-up could not be completed within the timeframe? Pertinently, through this blog, we aim to analyse whether any claims surviving the period of three years, which have been left unadjudicated are deadwood or can be brought under the period of limitation and give rise to a continuing cause of action.Continue Reading Stopping the clock on claims arising from dissolution of partnership firms