INDIA Law and Practice Contributed by: Anuradha Mukherjee, Omar Ahmad, Vikram Shah and Soumya Dasgupta, Cyril Amarchand Mangaldas
7. Trials and Hearings 7.1 Trial Proceedings
6.3 Availability of Injunctive Relief on an Ex Parte Basis While ex parte injunctive relief may be granted by the courts, such powers are exercised with circumspec- tion, and only if an imminent threat of irreparable loss is demonstrated by the party seeking such relief. 6.4 Liability for Damages for the Applicant There is no specific provision in the CPC in relation to liability for damages suffered by the respondent. How- ever, civil courts have inherent powers under Section 151 of the CPC to pass orders for relief not otherwise specified in the enactment. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Indian courts have recognised worldwide asset freez- ing orders through precedent. 6.6 Third Parties and Injunctive Relief In certain exceptional circumstances, courts are able to grant injunctions against parties that are not party to the proceedings. However, the general rule is that injunctive relief is not granted against third parties, unless at least an opportunity of hearing is afforded to them. 6.7 Consequences of a Respondent’s Non- Compliance Wilful disobedience or non-compliance with the order of injunction passed by a court in India has the conse- quence of making the defaulting party liable for con- tempt of court. For injunctive orders passed under the CPC specifically, in the case of wilful disobedience of an order of injunction passed by a court under Order XXXIX Rules 1 & 2, it is open to the other party to file an application under Order XXXIX Rule 2A, whereun- der a contemnor may be liable to the attachment of property, a fine and/or civil imprisonment, at the dis- cretion of the court. The purpose of Rule 2A is typi- cally to ensure compliance with an order of injunction, and punishment is contemplated only if such default/ disobedience is actually wilful.
Trials in courts in India are conducted through a mix- ture of oral arguments, witness/expert examination at hearings, and the submission of written arguments and evidence. Exemptions from the requirement of examination (ie, a procedure for summary hearing) have been provided for under various statutes in cer- tain circumstances. 7.2 Case Management Hearings Case management hearings are conducted by courts exercising civil jurisdiction. This stage involves the completion of all primary court filings (the equivalent of claims, defence, rebuttal). However, it was not until the enactment of the CCA that a formal concept of “case management hearings” was introduced. The CCA requires the court to hold the first case man- agement hearing no later than four weeks after the date of filing of the affidavit of admissions/denial of documents. The law requires the court to ensure that the arguments are closed no later than six months after the date of the first case management hearing. However, strict adherence to such timeframes is not always possible in practice, on account of the huge pendency of cases before the court. 7.3 Jury Trials in Civil Cases Jury trials have been abolished in India. 7.4 Rules That Govern Admission of Evidence From 1 July 2024, evidence and its admissibility are governed by the BSA, which provides general rules and principles of evidence for a fair trial. Various chap- ters of the BSA deal with evidence, its relevancy, oral or documentary evidence, estoppel, examination of witnesses, etc. Notably, India does not recognise the concept of the “fruit of the poisonous tree”, which gives courts sweeping powers to accept and consider evidence
regardless of its source. 7.5 Expert Testimony
Expert evidence is permitted by courts in India, and parties and even the courts are permitted to introduce expert testimony. The BSA deals with the relevancy of
443 CHAMBERS.COM
Powered by FlippingBook