IRIDIUM INDIA TELECOM LTD. versus MOTOROLA INC.
Civil proceedings on the Original Side of Chartered High Courts are governed by rules made by the High Court under Letters Patent and Section 129 CPC, and not by the amended provisions of Order VIII Rule 1 of the CPC; Section 129 operates as an exception to the general body of the CPC as regards such proceedings.
- Parties
- Appellant: Iridium India Telecom Ltd.; Respondent: Motorola Inc.
- Jurisdiction
- India
- Judgment Date
- 05 January 2005
- Procedural Posture
- Civil Appeal / Supreme Court Final Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Original Side Rules of High Court, Written Statement Extension, Interpretation of Section 129 CPC, Letters Patent Clause 37, Amended Order VIII Rule 1 CPC
Case Brief
Summary, issues, holding and outcome
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Parties
Iridium India Telecom Ltd.
Appellant
Motorola Inc.
Respondent
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Legal Issues
- 1 Whether amended Order VIII Rule 1 of CPC applies to suits on the Original Side of the High Court.
- 2 Whether the High Court rules made under Letters Patent Clause 37 override the provisions of the amended CPC.
Ratio Decidendi
Civil proceedings on the Original Side of Chartered High Courts are governed by rules made by the High Court under Letters Patent and Section 129 CPC, and not by the amended provisions of Order VIII Rule 1 of the CPC; Section 129 operates as an exception to the general body of the CPC as regards such proceedings.
Court Disposition
Appeal dismissed
Orders
- No merit found in appeal; impugned judgment of the Bombay High Court affirmed.
- No order as to costs.
Full Case Text
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