[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court

The Delhi High Court bench of Justice Neena Bansal Krishna has held that section 2(1)(f) of the Arbitration Act which defined the International Commercial Arbitration is a non derogable provision and its applicability cannot be excluded even by mutual consent of the parties. Brief Facts This petition has been filed under section 34 of the Arbitration Act against two awards passed...

Delhi High Court Appoints Sole Arbitrator In Gas Supply Dispute, Invalidates Previous Arbitration Clause In View Of CORE Judgment

The Delhi High Court bench of Justice Sachin Datta has observed that the arbitration agreement which contemplated the appointment of the sole Arbitrator to be made out of a panel of three persons chosen by the petitioner was no longer valid in view of the judgment of the Supreme Court in Central Organisation for Railway Electrification Vs. ECI SPIC SMO MCML (JV) A Joint Venture Company....

Delhi High Court Sets Aside Claim Of Rs.15 Lakh Awarded By Arbitral Tribunal Due To Lack Of Evidence

The Delhi High Court Bench of Justice Vibhu Bakhru and Justice Sachin Datta held that after persuading the Supreme Court to refer the disputes to arbitration, it is not open for the appellant to now question the validity of the reference. Additionally, the court held that the respondent had not placed any evidence on record to establish the cost of such construction. Therefore,...

'Disability Pension Can't Be Denied Merely Because Officer Was Posted At Peace Station Later', Delhi High Court

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while dismissing a Petition observed that the disability element of Pension could not be denied to the Respondent merely on the grounds that the Respondent was posted at a peace area. It was held that the relationship between the disability and the Respondent's service conditions were to be considered...

'No Distinction Between Pro Rata Pension And Pension', Delhi High Court Condones Delay For Shortfall In Qualifying Service

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur observed in a Petition seeking pro rata pension after voluntarily discharging from services in the Indian Air Force. The Court held that there was no clear distinction in the pension and pro rata pension mentioned in the order that put forth the conditions to condone a shortfall in the qualifying...

'No Recovery, No Physical Evidence, No Terrorism Allegation; Why UAPA?' Umar Khalid Argues For Bail Before Delhi High Court

Former JNU scholar Umar Khalid today argued before the Delhi High Court as to how he was made an accused by the Delhi Police in the UAPA case alleging a larger conspiracy related to the 2020 North-East Delhi riots. Senior Advocate Trideep Pais made the submission before a division bench comprising of Justice Navin Chawla and Justice Shalinder Kaur in Khalid's appeal challenging trial court...

Delhi High Court Quashes Rape FIR Citing Misuse Of Section 376 IPC, Says It's Used As Weapon By Some To Unnecessarily Harass Males

The Delhi High Court has recently quashed a rape FIR against a man citing misuse of Section 376 of Indian Penal Code, 1860, observing that it was a classic example of how an innocent person had faced undue hardships due to misuse of the penal provision.“It is true that the provision under which the FIR has been lodged is one of the most heinous crimes against women, however, it is also...

Foreign Law Degree Holders Have To Pass BCI's Qualifying Exam To Practice In India, Even If They Have Cleared Bridge Course: Delhi HC

The Delhi High Court has rejected a challenge to the Bar Council of India's (BCI) 2024 notification requiring Indian citizens with foreign law degrees to take a qualifying examination to be eligible for enrolment in India.In doing so, the Court made a distinction between 'equivalency', referring to the bridge course requirement for foreign degree holders and 'qualification', necessary to...

Allegation of Manufacturer 'Clandestinely' Clearing Goods To Escape Tax Must Be Based On 'Tangible Evidence': Delhi HC

The Delhi High Court has held that where a manufacturer is booked by the tax authorities for clandestinely clearing its goods to escape tax, the charge must be based on “tangible evidence”. A division bench of Justices Yashwant Varma and Ravinder Dudeja further observed, “In adjudication proceedings to establish the charge of clandestine removal and under valuation, Revenue is...

Laying Down Optical Fibre Cables To Enhance Communication Network For Defence Forces Is Exempt From Service Tax: Delhi High Court

The Delhi High Court recently declared that Telecommunications Consultants India Limited, a central public sector undertaking which secured a Project floated by BSNL for laying down Optical Fibre Cable Network, is exempt from service tax since the service is in the nature of setting up a civil infrastructure so as to benefit the defence forces in having a better communication...

Delhi High Court Seeks Centre's Stand On Subramanian Swamy's Plea Over Rahul Gandhi's Citizenship

The Delhi High Court on Friday sought stand of the Union Government on a plea filed by Bhartiya Janata Party (BJP) leader Subramanian Swamy regarding the issue of citizenship of Congress leader Rahul Gandhi. Swamy has sought a direction on the Union Government to file a status report on his complaint against Rahul Gandhi.A division bench comprising of Acting Chief Justice Vibhu Bakhru and...

Litigant's Conduct Trying To Protract Proceedings In Industrial Disputes Must Be Deprecated: Delhi High Court Imposes ₹20K Cost On Hospital

The Delhi High Court has recently deprecated the conduct of litigants trying to protract proceedings in industrial disputes which involve “extreme disparity of resources available to the rival litigants.”Justice Girish Kathpalia further imposed Rs. 20,000 costs on management of RB Seth Jessa Ram Hospital for prolonging hearing before an industrial tribunal in a dispute which was...