Delhi High Court
Waqf Board Case: ED Moves Delhi High Court Against Order Releasing AAP MLA Amanatullah Khan
The Enforcement Directorate (ED) on Monday moved the Delhi High Court against a trial court order which released Aam Aadmi Party (AAP) MLA Amanatullah Khan in a money laundering case connected to the alleged irregularities in the Delhi Waqf Board recruitment during his chairmanship.Justice Manoj Kumar Ohri asked the probe agency to place on record the orders passed by the trial court in...
Regional Director Under Companies Act Has No Jurisdiction To Decide Ownership Of Trademark: Delhi High Court In Plea By 'Panchhi Petha'
The Delhi High Court has observed that a Regional Director under the Companies Act when deciding an application under Section 16 of the Companies Act, 2013, has no authority to determine the ownership of a trademark.Providing relief to the Panchhi Petha Store/petitioner against the Regional Director's order, the Court remarked that a Regional Director cannot undertake to examine trademarks in...
Court Having Exclusive Jurisdiction Would Have Juridical Seat Of Arbitration: Delhi High Court
The Delhi High Court Bench of Justice Sachin Datta has held that where exclusive jurisdiction has been conferred on a court with respect to matters relating to arbitration, the same shall be construed to be a clear 'contrary indicia' and that the court, upon which exclusive jurisdiction has been conferred, would be the juridical seat of arbitration. Brief Facts: The...
Liquor Policy: Manish Sisodia Moves Delhi High Court Against Cognizance Of ED Chargesheet
Aam Aadmi Party (AAP) leader Manish Sisodia on Monday moved the Delhi High Court challenging a trial court order which took cognizance of ED's chargesheet against him in the money laundering case linked to the alleged excise policy scam.Justice Manoj Kumar Ohri asked ED to respond to the petition and listed the matter for hearing on December 20 when a similar petition of AAP Chief Arvind...
Proper Officer Must Provide 'Reason To Doubt' Value Of Goods Declared By Importer Before Initiating Reassessment U/S 17 Customs Act: Delhi HC
The Delhi High Court has held that the proper officer under the Customs Act, 1962 must provide “reasons to doubt” the declared value of imported goods, before proceeding with reassessment under Section 17. Pertinent to note that Section 17 of the Customs Act, 1962 relates to 'Assessment of duty'. An entity intending to import goods is required to self-assess the duty which would...
Delhi High Court Designates 70 Lawyers As Senior Advocates
he Delhi High Court has designated names of 70 lawyers as Senior Advocates.This was after Delhi High Court's Permanent Committee recommended names of 71 lawyers for being designated as Senior Advocates after interviewing more than 300 lawyers.“Pursuant to the Resolution passed by Hon'ble the Full Court in its meeting held on 29.11.2024, Hon'ble the Chief Justice has been pleased to...
Customs Act | Importer Accepting Enhanced Valuation Of Goods For Expeditious Clearance Not 'Waiver' Of Right To Contest Re-Assessment: Delhi HC
The Delhi High Court has held that where enhancement of valuation of goods by the proper officer for the purpose of determining Customs duty is accepted by the importer under protest, for expeditious clearance, it cannot be said that the importer has waived its right to question the reassessment. Pertinent to note that Section 17 of the Customs Act, 1962 relates to 'Assessment of...
Limited Scope Of Examination U/S 34 Of Arbitration Act, Award Vitiated By Patent Illegality: Delhi High Court
The Delhi High Court Bench of Justice Vibhu Bakhru and Justice Sachin Datta held that the Arbitral Tribunal has awarded the claim for loss of profit for the period the Contract was prolonged without any evidence or material to support the claim. Therefore, the impugned award is vitiated by patent illegality. Brief Facts: The present dispute arose with respect to an agreement...
Delhi High Court's Permanent Committee Recommends Names Of 71 Lawyers For Being Designated As Senior Advocates
Delhi High Court's Permanent Committee has recommended the names of 71 lawyers for being designated as Senior Advocates after intervening more than 300 lawyers. The Committee comprises of Chief Justice Manmohan, Justice Vibhu Bakhru, Justice Yashwant Varma, Additional Solicitor General Chetan Sharma, Senior Advocate Sudhir Nandrajog and Senior Advocate Mohit Mathur. The name of the lawyers...
Special Treatment Cannot Be Given To Govt For Delay In Filing Appeal U/S 37 Of Arbitration Act: Delhi High Court
The Delhi High Court bench of Ms. Justice Rekha Palli and Mr. Justice Saurabh Banerjee has affirmed that just because the appellant is government that doesn't mean that a special treatment will be given while condoning the delay in filing the appeal under section 37 of the Arbitration Act.Brief FactsThis appeal has been filed under section 37 of the Arbitration Act challenging the order passed...
Arbitrators Cannot Pass Binding And Enforceable Orders Unilaterally Determining Their Fees: Delhi High Court
The Delhi High Court bench of Justice Dinesh Kumar Sharma has affirmed that Arbitrators do not have the power to unilaterally issue binding and enforceable orders determining their own fees. A unilateral determination of fees violates the principles of party autonomy and the doctrine of the prohibition of in rem suam decisions, ie., the arbitrators cannot be a judge of their own private...
Magistrate Or Special Court's Power To Supervise Investigation Doesn't Include Right To Question FIR Validity: Delhi High Court
The Delhi High Court has held that the power of a Magistrate or a Special Court to supervise an investigation does not include the right to question the validity of the FIR.A division bench headed by Justice Prathiba M Singh said that the Magistrate or Special Court must remain a “silent spectator” till filling of the final report under Section 173(2) of Cr.P.C and limit its actions...