S.138 NI Act | Cheque Holder Must Specifically Demand Payment Of 'Cheque Amount' In Legal Notice: Delhi High Court

The Delhi High Court has made it clear that the legal notice sent to a cheque drawer over dishonor of the instrument, must specifically demand the payment of 'cheque amount'.In the absence of such demand, the preconditions to institute proceedings under Section 138 of the Negotiable Instruments Act 1881 do not stand fulfilled.Justice Amit Mahajan held,“The language of Section 138(b) of the...

S.45 PMLA | Delhi High Court Grants Interim Bail To Money Laundering Accused On Ground Of Illness Of Family Member

The Delhi High Court recently granted interim bail to an accused under the Prevention of Money Laundering Act 2002 to attend to his critically ill mother and to make necessary arrangements for her continued medical treatment.Though the Enforcement Directorate submitted that the ground of illness of a family member of the accused is not available under Section 45 of PMLA, Justice Tejas...

Delhi High Court Weekly Round-Up: June 09 To June 15, 2025

Citations 2025 LiveLaw (Del) 669 to 2025 LiveLaw (Del) 681NOMINAL INDEXCENTRAL BOARD OF SECONDARY EDUCATION v. PREMA EVELYN D CRUZ AND ANR 2025 LiveLaw (Del) 669 Sanjay @ Sanju v. State 2025 LiveLaw (Del) 670 Amanatullah Khan v. DDA 2025 LiveLaw (Del) 671 Oswaal Books And Learnings Private Limited v. The Registrar Of Trade Marks 2025 LiveLaw (Del) 672 Vikram Yadav v. State Govt of NCT...

'Not Stereotyped Allegations': Delhi High Court Denies Bail To Man Accused Of Swapping Wife With His Friends

The Delhi High Court has refused to grant bail to a man booked for compelling and swapping his wife with his friends for sexual activities.Stating that the case does not reflect “stereotyped matrimonial dispute allegations”, Justice Girish Kathpalia denied the relief in a 2024 FIR lodged under Sections 498A (Cruelty), 406 (Criminal Breach of Trust), 376 (Rape), 328 (Causing hurt...

Existence Of 'Gangs' In Prison With Access To Weapons Doesn't Reflect Well: Delhi High Court Criticises Jail Authorities Over Inmate's Death

The Delhi High Court recently took exception to the submission made by Tihar Jail authorities that it is not responsible for the death of an inmate following a clash between 'rival gangs' within the prison.Justice Harish Vaidyanathan Shankar observed that the State owes a duty to ensure the security of the general public, including persons who are incarcerated, and “The fact that, in...

Dependent Siblings, Their Children Not Ousted From Seeking Benefits Under Delhi Victims Compensation Scheme 2018: High Court

The Delhi High Court has made it clear that siblings, married or unmarried or the children of such siblings, are not ipso facto disentitled from claiming compensation under the Delhi Victims Compensation Scheme, 2018 (DVCS).Justice Harish Vaidyanathan Shankar held that though the definition of “Dependent” under Clause 2(b) of the DVCS does not include “siblings” however, given...

Applicability Of Arbitration Clause Is To Be Determined By Arbitrator, Cannot Be Decided In S.11 Plea: Delhi High Court

The Delhi High Court Bench of Justice Sachin Datta has held that contentions regarding the applicability and relevance of an arbitration agreement are to be dealt with by the arbitrator and cannot be gone into at the stage of section 11 petition. Once the existence of arbitration agreement is not disputed, any dispute related to the applicability of the agreement has to be dealt by...

[Motor Accident Claims] Crossing Road Outside Zebra-Crossing Not 'Contributory Negligence' On Part Of Victim: Delhi High Court

The Delhi High Court has reiterated that a pedestrian in an accident cannot be held responsible for contributory negligence merely because he was crossing the road from a place other than the Zebra crossing.In doing so, Justice Amit Mahajan relied on Gaytri Devi v. New India Assurance Co. Ltd. (2024) where a coordinate bench held that “even if there was no Zebra Crossing, there can be...

Inconsequential Errors Cannot Be Grounds To Challenge Judicious & Reasoned Award U/S 34 Of Arbitration Act: Delhi High Court

The Delhi High Court Bench of Justice Manoj Kunar Ohri has held that the petitioner cannot take advantage of apparent inconsequential errors and fumbles to challenge the award. Inconsequential errors in the award cannot be a ground to challenge otherwise judicious and reasoned award. Brief Facts of the case: The respondent accepted an offer letter to procure a machine...

Trademark Infringement | Jeopardisation Of IPO Due To Interim Injunction Not Grounds To It Set Aside: Delhi High Court

The Delhi High Court has made it clear that an entity cannot seek to set aside an interim injunction passed against it in a trademark infringement suit, merely because its business or IPO launch is jeopardized due to such injunction.A division bench of Justices Navin Chawla and Harish Vaidyanathan Shankar held,“In the present case, while the Appellant has strenuously contended that...

Dispute Review Board's Recommendations Are Arbitral Awards, Enforceable U/S 36 Of A&C Act: Delhi High Court

The Delhi High Court bench of Justice Vibhu Bakhru and Justice Tejas Karia has held that the recommendations of the Dispute Review Board (DRB) rendered under a contract constitute an arbitral award which is enforceable as a decree under Section 36 of the Arbitration and Conciliation Act, 1996. The court further held that the limitation for enforcement begins from the date of the award,...

'Sad, Shocking State Of Affairs': Delhi High Court Orders MP Govt To Release Retiral Benefits Of Deceased IAS Officer

The Delhi High Court recently expressed shock at the conduct of Madhya Pradesh government in “victimising” a deceased IAS cadre officer by withholding his retiral benefits of almost 7 years.A division bench of Justices Navin Chawla and Renu Bhatnagar observed that the officer was first victimized back in the year 2000, when he was misallocated Chhattisgarh cadre upon reorganization...