[Arbitration Act] Application U/S 34 Without Award Copy Or Vakalatnama Is Merely A 'Stack Of Papers' Filed To Save Limitation: Delhi HC

The Delhi High Court Bench of Justice Subramonium Prasad has held that a petition under Section 34 of the Arbitration Act, filed without the award itself, would not be a valid filing. Justice Prasad stated that without the Award, the challenge would become meaningless because unless the award is perused by the court, it cannot adjudicate upon the appropriateness and correctness of the...

Trial Courts' Obligation To Compute And Award Victim Compensation Can't Be Delegated To DSLSA U/S 357 CrPC: Delhi HC 5 Judge Bench

A five judge bench of the Delhi High Court has ruled that the obligation and duty casted upon the trial courts to compute and award quantum of victim compensation cannot be delegated to the Delhi State Legal Services Authority Statutory Authority (DSLSA) as the same would run contrary to the scheme of Section 357 of the Code of Criminal Procedure.The full bench comprised Justice Rekha...

Rates Charged By Power Distribution Companies, State Board For Electricity Can Be Considered To Determine Its Market: Delhi HC

The Delhi High Court has held that the rate at which power is supplied by the State Electricity Board (SEB) or the Power Distribution Companies is an appropriate metric for determining the market price of electricity.A division bench of Acting Chief Justice Vibhu Bakhru and Justice Swarana Kanta Sharma further held that the rate at which electricity is sold on the Indian Energy Exchange...

Delhi High Court Refuses To Order Special Sitting Of Legislative Assembly To Table CAG Reports

The Delhi High Court on Friday refused to direct a special sitting of the Delhi Legislative Assembly to table 14 reports of the Comptroller and Auditor General (CAG).Justice Sachin Datta said that the Court was not inclined to accept the prayer of seeking the special sitting to table the reports in question.However, the Court directed that once the Legislative Assembly is constituted and...

Delhi High Court Rejects Plea For Allotment Of Permanent Election Symbol To Rashtriya Bahujan Congress Party

The Delhi High Court on Friday rejected a plea seeking allotment of permanent election symbol of sewing machine to Rashtriya Bahujan Congress Party which should not be allotted to any other person or political party. A division bench comprising of Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela refused to entertain an appeal filed by Dr. SR Saran- President of the...

Releasing Documents To Media Before Court's Consideration Not Acceptable: Delhi High Court In Criminal Contempt Case

While dealing with a criminal contempt case, the Delhi High Court has observed that releasing documents and pleadings to media even before the Courts have considered them is not acceptable. “The habit of releasing pleadings and documents to the media even before Courts have had the opportunity to consider the same is also not acceptable as it tends to prejudice the parties and...

Delhi High Court Upholds Dismissal Of Plea Against ECI Registration Granted To AIMIM As Political Party

The Delhi High Court has upheld the dismissal of a petition seeking quashing of the registration granted by Election Commission of India (ECI) to All India Majlis-e-Ittehadul Musalimeen (AIMIM) as a political party.A division bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela rejected the appeal moved by Tirupati Narashima Murari challenging the dismissal of the...

Merely Marrying Muslim Man Doesn't Result In Automatic Conversion From Hinduism To Islam: Delhi High Court In Partition Suit

While dealing with a partition suit, the Delhi High Court has observed that merely marrying a Muslim man does not result in an automatic conversion from Hinduism to Islam. Justice Jasmeet Singh was dealing with a partition suit filed in 2007 by the eldest daughter of a man from his first wife against him as well as his two sons from the second wife. Another daughter from the first wife...

Men Too Are Entitled To Same Protection From Cruelty And Violence As Women: Delhi High Court

The Delhi High Court has ruled that just as women deserve protection from cruelty and violence, men too are entitled to the same safeguards under the law.Justice Swarana Kanta denied anticipatory bail to a wife who poured boiling water mixed with chilli powder on her husband resulting in burn injuries to him. She sought a lenient view in the case on the ground of being a woman. Observing...

Once Court Orders Release Of Bank Guarantee Furnished By Trader, Customs Dept Can't Hold Back Compliance And Direct Adjustment In Demand Order: Delhi HC

The Delhi High Court has made it clear that once a court of law directs the Customs Department to release the bank guarantee furnished by a trader, the Department cannot turn around and say that the amount will be adjusted towards the final demand order.A division bench of Justices Prathiba M. Singh and Dharmesh Sharma were dealing with the writ petition moved by a firm importing gold...

Customs Dept Cannot Run Parallel Proceedings By Passing Penalty Order While Challenge To SCN Is Pending Before Court: Delhi HC

The Delhi High Court has set aside a final order of penalty passed by the Customs Department against a paper trader for alleged undervaluation of imported goods, stating that the same was passed during pendency of challenge to the show cause notice (SCN) issued to the trader.A division bench of Justices Prathiba M. Singh and Dharmesh Sharma observed, “passing of the impugned...

Issue Related To Existence Of Arbitration Agreement Cannot Be Decided Ex-Parte, Without Hearing Respondent: Delhi High Court

A Delhi High Court Bench of Justice Navin Chawla and Justice Shalinder Kaur held that the District Judge should not have decided the issue related to the existence of an arbitration agreement ex-parte, without calling upon the respondent to give its stand on the same.Additionally, the court held that an arbitration agreement, by virtue of the presumption of separability, survives the...