Delhi High Court
Delhi High Court Weekly Round-Up: May 12 To May 18, 2025
Citations 2025 LiveLaw (Del) 535 to 2025 LiveLaw (Del) 576NOMINAL INDEXArun Kumar Jindal v. CBI 2025 LiveLaw (Del) 535 M/S Mahesh Fabrinox Pvt. Ltd v. Union of India 2025 LiveLaw (Del) 536 Anjali Birla v. X Corp. and Ors. 2025 LiveLaw (Del) 537 Anglo American Metallurgical Coal Pvt Ltd. v. MMTC Ltd. 2025 LiveLaw (Del) 538 Goethe-Institut E.V. v. Abhishek Yadav & Anr. 2025 LiveLaw...
No Damages For Loss Of Profit In Absence Of Proof Of Missed Profitable Ventures Due To Delay In Contractual Payment: Delhi High Court
The Delhi High Court bench of Justices Vibhu Bakhru and Tejas Karia has held that unless it is demonstrated that the delay in payment for the completion of the work contract prevented the contractor from undertaking other profitable ventures, damages for loss of profits cannot be awarded. Brief Facts: The impugned arbitral award arose from disputes under a contract dated...
AAP Leader Jasmine Shah Withdraws From Delhi High Court Plea Against Removal From DDCD Post
Aam Aadmi Party leader Jasmine Shah recently withdrew from the Delhi High Court his petition filed against his removal from the post of Vice Chairperson of Dialogue and Development Commission of Delhi (DDCD) in 2022.Justice Sachin Datta permitted the withdrawal and dismissed the plea as withdrawn. “Learned counsel for the petitioner seeks to withdraw the present petition. The same...
Delhi High Court Rejects Plea By 'The Wire' Against Summoning Order Passed In Ex-JNU Professor's Defamation Complaint
The Delhi High Court has rejected the pleas moved by Foundation of Independent Journalism, which runs the media platform 'The Wire', and its editor Ajoy Ashirwad Mahaprastha challenging an order summoning them on a criminal defamation case filed by former JNU professor Amita Singh. Justice Neena Bansal Krishna dismissed the petitions challenging the trial court order passed on January...
Waiver To Section 12(5) Of Arbitration Act Has To Be Given After Constitution Of The Tribunal: Delhi High Court
Th Delhi High Court Bench of Justice Jasmeet Singh has observed that the party giving no-objection to the applicability of Section 12(5), Arbitration and Conciliation Act, 1996 (“ACA”) has to give such no-objection after the constitution of the Arbitral Tribunal. The waiver to applicability has to be done after the arbitrators are appointed with the names and details. The Court...
Turkey Based Çelebi Moves Delhi High Court Challenging Revoking Of Security Clearance
Turkish based company Celebi Airport Services Private Limited has moved the Delhi High Court challenging the decision of Bureau of Civil Aviation Security (BCAS) revoking its security clearance in the "interest of national security".As per a report of Reuters, Celebi in its plea has argued that the decision would impact 3,791 jobs and investor confidence and that the same was issued without...
Limitation For Application U/S 11(6) Of Arbitration Act Can't Be Bypassed By Claiming Advocate Was Not Authorised To Issue Notice: Delhi High Court
The Delhi High Court bench of Justice Jyoti Singh has held that the bar of limitation for filing an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) seeking the appointment of an arbitrator, cannot be circumvented merely on the ground that the demand-cum-arbitration invocation notice was issued by the petitioner's counsel without...
Any Person Has Right To Legally Import Second Hand Goods Bearing Trademark Of An Entity And Sell Them: Delhi High Court
“Any person in India has the right to legally import goods from abroad bearing the trademarks of an entity and sell the same in India,” the Delhi High Court has held.The right is however subject to such a person making complete disclosure to the buyer that the goods are second hand and are not covered by the original manufacturer's warranty, said Justice Amit Bansal.The ruling was made...
Arbitrator's Decision To Choose Internationally Recognised Formula Based On Expertise For Computing Damages Can't Be Faulted: Delhi High Court
The Delhi High Court bench of Justice Manoj Kumar Ohri has held that different formulae may be applied depending on the circumstances, and the choice of method for computing damages falls within the arbitrator's discretion. Sections 55 and 73 of the Indian Contract Act, 1872 (Contract Act) do not prescribe any specific formula for the calculation of damages. Therefore,...
Delhi High Court Hints At Staying DPS Dwarka Order Expelling 32 Students Over Fee Hike Dispute
The Delhi High Court on Friday hinted that it was inclined to stay an order issued by the Delhi Public School (DPS), Dwarka, expelling 32 students amid the ongoing fee hike issue.Justice Sachin Datta made the observation while hearing an application filed by the parents of the 32 expelled students for non-payment of fees. The Court deferred the hearing till Monday, May 19, and said that it...
Delhi High Court Awards Damages To Eureka Forbes Over Counterfeiting Of Aquaguard Spare Parts
The Delhi High Court has granted a permanent injunction in favour of home appliance manufacturer Eureka Forbes, against counterfeiting of the spare parts and consumables of its famous Aquaguard.Noting that due to its long and continuous use, Eureka Forbes has acquired a copyright over the labels Aquaguard and other formative marks, Justice Amit Bansal held that a clear case of trademark...
Contempt Court Can Reverse Benefits Obtained From Disobeying Orders U/S 9 & 17 Of Arbitration Act: Delhi HC
The Delhi High Court bench of Justice Anish Dayal has held that the contempt court is empowered to issue directions to reverse any benefits obtained in disobedience of an order passed under Section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) to ensure that parties are restrained from violating the court's orders. In the present case, the Respondent...