Delhi High Court
High Court Reserves Verdict On Devangana Kalita's Plea Seeking Preservation Of Case Diaries In 2020 Delhi Riots Case
The Delhi High Court on Monday (July 7) reserved its verdict in a plea moved by Devangana Kalita seeking preservation and reconstruction of case diary pertaining to a 2020 Delhi riots case. Kalita had moved the high court seeking setting aside of a November 6, 2024 trial court order which had refused her request and a direction to Delhi Police to reconstruct and preserve Booklets 9989 and...
Delhi High Court Dismisses Turkey-Based Celebi's Plea Against Revocation Of Security Clearance On Ground Of 'National Security'
The Delhi High Court on Monday (July 7) dismissed a plea by Turkey based company Celebi Airport Services Private Limited challenging the decision of Bureau of Civil Aviation Security (BCAS) revoking its security clearance in the "interest of national security".Justice Sachin Datta passed the order.A detailed copy of the order is awaited. The court had reserved its verdict on May 23 after...
Contract Clause Favouring Employer Over Contractor In Claiming Damages Are Deemed Knowingly Included If Not Challenged Before Tribunal: Delhi HC
The Delhi High Court bench of Justice Manoj Kumar Ohri has held that clauses of the contract giving an advantage to the employer over the contractor in claiming damages, if not questioned before the Arbitral Tribunal or at the time of formation or execution of the contract, cannot be questioned under section 34 of the Arbitration Act as the parties are deemed to have...
SC's Vijay Madanlal Judgment Doesn't Exempt Foreign Recipients Of Proceeds Of Crime From Scrutiny On Mere Contractual Legitimacy Of Transaction: Delhi HC
The Delhi High Court has made it clear that foreign recipients of proceeds of crime are not exempted from scrutiny under the Prevention of Money Laundering Act, 2002, on a mere ground of 'contractual legitimacy' of transactions.Justice Ravinder Dudeja thus rejected the plea of one Amrit Pal Singh, a resident of Hong Kong for the past 17 years, being probed by the Enforcement Directorate.As...
Landlord's Solvency Or Tenant's Financial Instability Not Relevant Considerations For Deciding Eviction Petition: Delhi High Court
The Delhi High Court has made it clear that the financial status of a landlord or tenant is not a relevant factor while determining eviction proceedings under the Delhi Rent Control Act, 1958.Justice Anup Jairam Bhambhani made the observation while disagreeing with the plea of Respondent-tenants that their landlords are financially well-to-do NRIs and do not require the subject premises for...
Past Professional Relationship Creates Enough Bias To Terminate Arbitrator's Mandate U/S 14 Of A&C Act, Duration Is Immaterial: Delhi HC
The Delhi High Court bench of Justice Jasmeet Singh has held that if any person had any professional or supervisory relationship with the party to the Arbitration, such person cannot be appointed as an Arbitrator as per Entry 1 of the Seventh Schedule. It does not matter whether such a relationship existed over 17 years ago but the real test is whether such a relationship...
Delhi High Court Flags Trend Of Rich Tenants Occupying Landlord's Property On 'Paltry' Rate In Dispute Over ₹40 Rent In Sadar Bazar Area
The Delhi High Court recently raised concerns over the trend of financially well-off tenants continuing to occupy the landlord's property for decades altogether, while parting with a very meagre rent.Irked by mere ₹40 rent paid by the Respondent-tenants in Delhi's Sadar Bazar area, Justice Anup Jairam Bhambhani ordered their eviction.Allowing the Petitioner-landlord's plea, the...
Rights Must Be Balanced With Public Interest: Delhi High Court Upholds Division Of Railway Posts Between Low Vision & Blind Aspirants
The Delhi High Court recently upheld the action of Railways in bifurcating the posts reserved for visually impaired candidates into two categories— one which could be held by both low vision (LV) and blind candidates and the other which could be held only by LV but not blind candidates.In doing so, a division bench of Justices C. Hari Shankar Hon'ble Mr. Justice Ajay Digpaul rejected...
Exclusive Jurisdiction Clause Prevails Over Arbitrator's Procedural Order In Determining 'Seat' Of Arbitration: Delhi High Court
The Delhi High Court bench of Justice Jasmeet Singh has held that an 'exclusive jurisdiction clause' in the arbitration agreement unequivocally denotes the 'seat' of arbitration. The court observed that any contrary determination made by the Arbitrator without the express written consent of the parties only relates to a 'venue' under Section 20(3) of the Arbitration and Conciliation...
OBC Certificate Issued Only For Applying To Posts Under Govt Of India Can't Be Used To Claim Reservation To Delhi Govt Posts: High Court
The Delhi High Court has made it clear that where the OBC certificate is issued to a person from a backward community only for applying to posts under the Central government, such a certificate cannot be used to claim reservation to posts notified by the Delhi government.A division bench of Justices C. Hari Shankar and Ajay Digpaul were dealing with the Delhi government's appeal against CAT...
Delhi High Court Rejects Income Tax Department's Appeal Against Thomson Press Over Alleged Transaction Of Property Below Circle Rate
The Delhi High Court has dismissed an appeal preferred by the Income Tax Department against Thomson Press (India) over the sale of a property in Noida back in 2013, allegedly at a price much lower than the prevailing circle rate.A division bench of Justices Vibhu Bakhru and Tejas Karia noted that the registered agreement to sell and payment of stamp duty with respect to the property...
Delhi High Court Refuses To Injunct Xiaomi From Using 'Find Device' Technology Over Alleged Patent Infringement
The Delhi High Court has ruled in favour of Xiaomi Technology India Private Limited in a patent infringement suit filed against its “find device” technology, which helps users to locate, lock or erase data from their lost or stolen devices.Justice Amit Bansal dismissed the interim injunction plea filed by Conqueror Innovations Private Limited in its patent infringement suit against...