Violates Public Trust Doctrine: Delhi HC Sets Aside Tribunal's Award Allowing RIL To Explore 'Migrated Gas' Without Express Permission

A Division Bench of the Delhi High Court, comprising of Justice Rekha Palli and Justice Saurabh Banerjee, while hearing an appeal under Section 37 of the A&C Act, set aside an arbitral award in favour of Reliance Industries Limited(RIL). The Court invoked the doctrine of 'public policy in India', 'public law' and 'Public Trust Doctrine' and observed that the findings of the...

Centre Notifies Appointment Of 2 Judicial Officers As Delhi High Court Judges

The Central Government has notified the appointment of two judicial officers as judges of the Delhi High Court.They appointed are:1. Renu Bhatnagar.2. Rajneesh Kumar Gupta.The Supreme Court Collegium had recommended their elevation at a meeting held on February...

Delhi High Court Stays Injunction Against Samman Capital In Trademark Case By Svamaan Financial Services

The Delhi High Court has stayed the operation of a single bench's order that temporarily restrained Sammaan Capital Limited from using 'SAMMAAN' mark in a trademark infringement plea moved by Svamaan Financial Services Private Limited, a non-banking finance company (NBFC) providing microfinance loans. A division bench of Justice C. Hari Shankar and Justice Ajay Digpaul observed “In view of...

Defamation: Delhi High Court Directs Karma News To Take Down Article Accusing Organizers Of 'Cutting South' Event Of 'Distorting' India's Map

The Delhi High Court has directed Karma News, a Kerala-based news channel, to take down an article on “Cutting South 2023” event accusing media outlet Newslaundry and other organizers of the programme of “corruption” and “distorting the map of India.”Justice Anish Dayal passed the order noting that the article was published after a coordinate bench had passed the order on July...

Only Apprehension, No Empirical Data: Delhi HC Closes PIL For CBI Probe Into Alleged Fraud By Building & Construction Workers Welfare Board

The Delhi High Court recently closed a PIL that sought a CBI investigation into alleged irregularities and fraud committed by the officers of Delhi Building and Other Construction Workers Welfare Board in connivance with political parties, where funds were allegedly siphoned off under the guise of providing allowance to construction workers.A division bench of Chief Justice Devendra...

Delhi High Court Seeks Railways Response In PIL Over New Delhi Railway Station Stampede

The Delhi High Court on Wednesday (February 19) sought a response from the railway authorities in a public interest litigation filed over the recent stampede that occurred at New Delhi Railway Station on February 15. A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela directed the railways to file a short affidavit in the PIL alleging...

DJS 2023: Delhi High Court Rejects Plea To Issue Fresh List For Viva Voce

The Delhi High Court has recently dismissed a petition seeking issuance of fresh or revised list of shortlisted candidates for viva voce for Delhi Judicial Service Examination, 2023. A division bench comprising Justice Navin Chawla and Justice Shalinder Kaur dismissed the plea filed by a candidate- Shobhin Bali, while refusing to interfere with the results declared for the Mains...

Adolescents Should Be Allowed To Have Romantic Relationships Without Fear Of Criminalization: Delhi High Court In POCSO Case

While dealing with a POCSO case, the Delhi High has recently observed that adolescents should be allowed to engage in romantic and consensual relationships without the fear of criminalization. Affirming that consensual and respectful adolescent love is a natural part of human development, Justice Jasmeet Singh said:“I believe that societal and legal views on adolescent love should emphasize...

Income Tax Act | 'Fee For Technical Services' Means Transfer Of 'Specialised'/ 'Distinctive' Knowledge Or Skill By Service Provider: Delhi HC

The Delhi High Court has held that Fee for Technical Services (FTS) as contained under Section 9(1)(vii) of the Income Tax Act, 1961 is concerned with the transfer of 'distinctive', 'specialized' knowledge, skill, expertise and know-how by a service provider.A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar thus observed that assistance provided by...

Courts Must Examine Judgments Of Acquittal Holistically To Arrive At Conclusion, Delhi High Court Sets Aside Judgment Of CAT

A Division Bench of the Delhi High Court comprising Justices C Hari Shankar and Ajay Digpaul set aside the judgment of the Central Administrative Tribunal by which the order of cancellation of the Respondent was quashed. The Bench noted that the order of cancellation was set aside on the basis of the Respondent having disclosed the pendency of the criminal case against him...

Delhi High Court Re-Affirms Discretion Of Arbitral Tribunal To Implead 'Non-Signatory' As 'Necessary Party' In Arbitration Proceedings

The Delhi High Court bench of Justice Subramonium Prasad has reaffirmed that an Arbitral Tribunal has the authority to implead non-signatories to an arbitration, provided they are deemed 'necessary parties' to the proceedings. The court was hearing an application u/s. 11(6) of the Arbitration and Conciliation Act for the appointment of Arbitrator to adjudicate disputes arising under...

Educated Litigant Must Keep Track Of Litigation, Duty Doesn't End Merely By Signing Lawyer's Fee Cheque: Delhi High Court

The Delhi High Court has recently said that an educated litigant must keep track of his litigation and that his duty does not end merely by signing the lawyer's fee cheque. Observing that the Court has to keep in mind the socio-economic and educational status of the litigant, Justice Girish Kathpalia said:“An educated urban litigant cannot claim same protection of this rule as extended to...