Another type of litigation can arise when an owner wants to construct a building or development that is unpopular with the surrounding community. The citizens of the municipality can take legal action against the owner by filing a lawsuit to block the construction or at least delay it for a considerable period of time. Citizens also sometimes file complaints against the government agency that approved the construction. Here is an example of case law relating to the dispute: Argue is the corresponding verb. This means participating in a dispute or presenting a specific argument (in a dispute). Kirusa Software Private Ltd. (`Kirusa`) submitted an application to the competent authority pursuant to Article 9 of the Code as an operating creditor against Mobilox. The claim was contested by the debtor company and it was alleged that Kirusa disclosed confidential customer information and customer campaign information on a public platform, which constituted a breach of trust and a breach of the non-disclosure agreement between the parties. That is why the amounts due have been withheld. Accordingly, the application for insolvency was rejected under article 9 (5) (ii) (d) of the Code of Criminal Procedure. Kirusa appealed the decision to NCLAT. NCLAT allowed the appeal and ruled that the dispute did not reveal any genuine dispute between the parties. The claim was found to be vague and motivated to avoid liability.
The Supreme Court allowed the appeal, finding that there was a dispute between the parties. In the judgment, the following conclusions were made: to challenge is both a verb and a noun. A dispute is a disagreement, argument or controversy, often a dispute that leads to legal proceedings (for example, arbitration, mediation or lawsuit). Litigation can involve virtually anything. Some civil servants are involved in litigation over apparently inappropriate management of public funds. For example, a museum board of trustees could be involved in a legal battle over whether the institution that manages the trust that funds the museum has the right to determine the museum`s policy and direction. A dispute may also involve defamation, employment law, or any other disagreement between two parties. 21. In September 2017, the Supreme Court issued a landmark judgment on the interpretation of the terms “dispute” and “existence of disputes” and on the scope of the power of the National Company Law Court (adjudicative authority) to determine whether a dispute exists under Articles 8 and 9 of the 2016 Bankruptcy and Bankruptcy Code (the Code).
The Honourable Supreme Court upheld Mobilox Innovations Private Ltd.`s (Mobilox) appeal against the judgment of the National Company Law Appeal Tribunal (NCLAT) of May 24, 2017. The issue before the NCLAT was what was meant by the terms “litigation” and “existence of litigation”. A lawsuit is a legal proceeding brought by one party against another when it is unable to resolve its differences on its own. In its simplest form, a dispute can arise when both parties have an oral or written contract in which one party should provide goods or services to the other. If one party believes that the other party has not kept its promises, litigation may result. Another type of litigation arises when one party believes it is being exploited or even defrauded by the other party. An example of this type of litigation is the numerous lawsuits filed by music artists against record companies. For example, a band may not want a record company to take individual songs from its albums and sell them individually digitally. A band could also sue its record company for a higher percentage of record sales. Dispute resolution is the process of resolving disagreements between the parties. There are three basic types of dispute resolution: mediation, arbitration and litigation. A mere allegation without or against evidence cannot give rise to litigation within the meaning of the law.
[Knight`s Appeal, 19 Pa. 493, 494 (Pa. 1852)]. Sometimes a dispute involves a company`s naming rights, website domain names, or property rights. People and businesses sue each other for the property or property rights they both want. The circumstances and facts in such cases may be different and convoluted, and it may take months before legal systems are clarified. These cases range from patent or copyright infringement to families suing each other over a parent`s estate. In this landmark decision, the Court clarified another aspect of the Code. The definition of “dispute” has been expanded and is not limited to ongoing lawsuits or arbitrations.
This includes correspondence between the parties giving rise to a dispute over the payment of the debt. If the term “dispute” had been interpreted restrictively, i.e. only as ongoing arbitration proceedings or actions, it would lead debtors to initiate unnecessary proceedings and arbitrations, in the hope that insolvency proceedings would be initiated against them by operational creditors. On the basis of the facts of the case, the Supreme Court found that the correspondence between the parties had established the existence of a dispute between them.