Whether plea of Novation of contract can be determined at Section 11(6) stage?

-

 



Shubham Budhiraja[1]

 

(I)                   The court at the referral stage can interfere only when it is manifest that the claims are ex facie time barred and dead, or there is no subsisting dispute.

 

(II)                 Similar would be the position in case of disputed “no claim certificate” or defence on the plea of novation and “accord and satisfaction”.

 

(III)              Even if the performance of the contract has come to an end, the contract can still be in existence for certain purposes in respect of disputes arising under it or in connection with it.[2]

 

 

 

 


[1] Advocate, Delhi High Court [LLB, ACS, BCOM(H)], Budhirajalawchambers@gmail.com , +91-9654055315

[2] CIVIL APPEAL NO. 8818 OF 2022, 23/11/2022

Comments

Post a Comment

Popular posts from this blog

Test/ basis for seeking exemption from the mandate of pre-suit mediation in a commercial suit?

-
Image
    Shubham Budhiraja [1]   A and B entered into an agreement regarding supply of kitchen equipment’s. A filed a suit for recovery against B for supplying inferior quality of goods at higher prices. During the suit, A filed an application seeking exemption from undergoing pre-suit mediation on the ground that A is in need of money and any delay would cause irreparable harm to A. The Hon’ble Delhi High Court rejected the A’s application and held as under [2] :   1.     It is well settled that exemption from invoking pre-litigation mediation can be granted only when very urgent reliefs are sought by the Plaintiff and it is demonstrated that unless urgent reliefs are not granted the suit itself would become infructuous.   2.     The Plaintiff has to demonstrate that if the parties are sent to pre-litigation mediation, then the Defendant will take steps which will make the Suit infructuous.   3.   ...
Read more

REPUGANCY UNDER ARTICLE 254 & TEST OF VALIDATING LAW

-
Image
  Shubham Budhiraja [1] [1] Company Secretary, LLB Final Year,DU & Bcom (H) The land acquisition falls in concurrent list and parliament in year 2013 has introduced a new act which provides for rehabilitation, compensation and procedure on land acquisition of property. The State of T.N has made 3 different state laws w.r.t. land acquisition which was struck off by the High Court. Thereafter, state of TN in year 2019 enacted the same law but with president assent under Article 254 to avoid the repugnancy with 2013 act under Article 254. The appeal filed before apex court w.r.t. repugnancy of 2019 state law with 2013 central law & test of validating the struck off law. The Supreme Court observed as: VALIDATING A LAW WITH RETROSPECTIVE EFFECT Case Law Relevant Remarks National  Agricultural  Cooperative  Marketing  Federation  of India Ltd. & Anr. vs. Union o...
Read more

Whether unstamped agreement to sell executed in the year 1988 can be relied upon in suit for possession?

-
Image
  Whether unstamped agreement to sell executed in the year 1988 can be relied upon in suit for possession?   Under what circumstances, photocopy of agreement to sell can be relied upon as secondary evidence?   Shubham Budhiraja [1]   A filed a suit for possession against B on basis of agreement to sell executed in the year 1989. During the hearing, A filed IA for reading photocopy of agreement to sell as secondary evidence because he is not able to find the original agreement to sell. The Trial Court allowed the IA but in review rejected that because agreement to sell was insufficiently stamped therefore bar of section 35 of stamp act applies. The High Court confirmed the order. The Hon’ble Supreme Court held that bar of Section 35 will not apply because amendment of 1990 wherein explanation was added to the stamp act was substantive in nature and therefore new obligation of stamping cannot be imposed on agreement of sell executed between A and B. [2] ...
Read more