Dismissal of complaint itself in Revision by Complainant:
Can National Commission dismiss a complaint on a ground which was not raised by the opposite party alone?
Please note that except Limitation Act, no law enjoins a court to reject a claim on its own. In an adversary litigation, objection has to be pleaded by one party and responded by the other party. Following this principles, the Supreme Court set aside order of National Consumer Dispute Redressal Commission with following observations:
5. At the outset, we may notice that this was not a defence raised by the respondent either before the District Forum or before the State Commission. In fact, the respondent had not even challenged the order of the State Commission. In our view, the National Commission, in a revision petition filed by the complainant praying for increase of compensation and payment of interest, could not have dismissed the petition itself. We, therefore, set aside the order of the National Commission.
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Scope of Sovereign Immunity:
Business or commercial activities carried out by one Country in the territory of another country ordinarily not entitled to plead sovereign immunity.
Principle of sovereign Immunity
There is no agreed principle except this: that each State ought to have proper respect for the dignity and independence of other States. Beyond that principle there is no common ground. It is left to each State to apply the principle in its own way, and each has applied it differently. Some have adopted a rule of absolute immunity which, if carried to its logical extreme, is in danger of becoming an instrument of injustice. Others have adopted a rule of immunity for public acts but not for private acts, which has turned out to be a most elusive test. All admit exceptions. There is no uniform practice. There is no uniform rule. So there is no help there.
Continue reading “Sovereign Immunity in Commercial Matters?”