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Showing posts from June, 2021

Legal Capsule by Veyrah Law

CONSIDERING LITIGATION IN INDIA | PART VII – ALWAYS KEEP YOUR OPTIONS OPEN! A recurring point that we have emphasized in each discussion around commercial litigation is to always keep the end commercial objective in mind. Litigation should always be a means to achieve the desired end objective. In an Indian context, the end objective for most commercial disputes should be to achieve a favorable settlement. In this final article to the ‘ considering litigation in India ’ series, we will touch upon the general approach that litigants should have for any material commercial litigation. A litigant who intends to approach a court, has multiple options to achieve the desired result. Having the luxury of choice is one thing but choosing wisely from the available options is another. A litigant’s options could be generally categorized as litigious and non-litigious. In this context, choosing one over the other or simultaneously exploring both options is a matter of strategy and should be tactfu

Legal Capsule by LexCounsel

In the Matter of:  Action Committee Unaided Recognized Private Schools  v/s.  Directorate of Education [W.P.(C) 7526/2020]   Forum:  High Court of Delhi   Order Delivered on:  May 31, 2021   Factual Background:  The writ petition was filed by the Action Committee Unaided Recognized Private Schools, an association of approximately 450 private unaided schools in Delhi seeking a writ of certiorari to quash the orders dated April 18, 2020 and August 28, 2020, passed by the respondent, Directorate of Education. The said orders  inter alia  regulated and restricted the collection of fees by private unaided schools in Delhi on account of the COVID-19 pandemic.   Initially, the respondent exercising its rights under section 17 of the Delhi School Education Act, 1973 ( DSE Act ) read with rule 43 of the Delhi School Education Rules, 1973 ( DSE Rules ) had passed an order on April 18, 2020, directing the private unaided recognized schools in Delhi as below:   “i.         No fee, except Tuition f